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Unsettling Questions Regarding Lawyer Civil Claim Settlement Authority
While often presumed or declared to be quite settled, many of the guidelines on lawyer civil claim settlement authority are unsettled, leaving unresolved questions for lawyers, clients, and the courts. The upcoming publication ...
American General Jurisdiction Trial Courts: New Visions, New Guidelines
Today, American trial courts are trying less and managing more private civil cases. They are also losing many private claims to other dispute resolvers. The traditional role of the trial judge as a neutral, detached, and ...
Civil Procedure by Contract: A Convoluted Confluence of Private Contract and Public Procedure in Need of Congressional Control
This article will examine the basic nature of our public system of dispute resolution and consider what role, if any, there is for private contracts that alter that system. This article will begin by tracing the evolution ...
Fines Under New Federal Civil Rule 11: The New Monetary Sanctions for the "Stop-and Think-Again" Rule
The 1983 amendments to Federal Rule of Civil Procedure Rule 11, which dealt with frivolous litigation papers, prompted much controversy, satellite litigation, and a new cottage industry, Rule amendments in 1983 increased ...
Observations on Recent Efforts to Deter Frivolous Papers in the Illinois Circuit Courts
Recently, significant legislative initiatives have been made to deter the filing of frivolous papers in the Illinois Circuit Courts. These initiatives authorize the imposition of sanctions on those who file litigation ...
Evolving Views of Civil Litigation: Future Civil Procedure Courses
There is reason to think that Professors McManamon, Resnik and Eskridge might each welcome an independent civil procedure course chiefly focused on civil claim settlements. Professor McManamon wonders whether alternative ...