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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 ...
The Substantive Elements in the New Special Pleading Laws
Recently there have emerged new special pleading standards applicable to discrete substantive law claims or to certain remedial requests. These norms often raise troubling procedure/substance questions in separation of ...
Takings, Fairness, and Farmland Preservation
In a recent article published in this Journal, Professor Jesse Richardson attempted to refute the arguments proposed by myself and others that support the fairness of downzoning land without compensation to property owners. ...
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 ...
Property Rights and Land Use Controls: Balancing Private and Public Interests
Among the many competing interests in the field of land use controls, there is perhaps none more fundamental than the potential conflict between the rights of private property owners and the rights of the more general ...