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Filing With Your Fingers Crossed: Should a Party Be Sanctioned for Filing a Claim to Which There is a Dispositive, Yet Waivable, Affirmative Defense?
The complications involved in addressing whether Rule 11 sanctions on plaintiff are appropriate in an instance where affirmative defenses are available to defendant are addresses in this article. The federal court’s different ...
Expert Opinion Pleading: Any Merit to Special Certificates of Merit?
Civil litigation reform to reduce frivolous civil lawsuits was a hot topic in the most recent Presidential debates. It has stirred much recent interest and action in state and federal legislatures. Some new developments ...
Leapfrogging the Constitution: The Rise of State Takings Legislation
This article will examine the recent and potentially significant trend in state takings legislation. Part I will describe the development and current state of Supreme Court takings law. Part II will then survey current ...
Property and the First Amendment
This article will examine the relationship of property interests to First Amendment exercise, and in particular the Supreme Court’s treatment of the ways property interests might interact with First Amendment rights. ...