Show simple item record

dc.contributor.authorParness, Jeffrey A.en_US
dc.date.accessioned2017-03-07T16:12:40Z
dc.date.available2017-03-07T16:12:40Z
dc.date.issued1993
dc.identifier.citationJeffrey A. Parness, Disciplinary Referrals Under New Federal Civil Rule 11, 61 Tenn. L. Rev. 37 (1993).en_US
dc.identifier.urihttp://commons.lib.niu.edu/handle/10843/17327
dc.description.abstractThe 1983 amendments to Federal Civil Procedure Rule 11, concerning sanctions for frivolous litigation papers, prompted much controversy and satellite litigation. By the latter 1980s many called for further changes to the "stop and think" rule. Amendments took effect on December 1, 1993. The new rule reduces a party's incentives to pursue sanctions because fewer types of misconduct are sanctionable. Additionally, attorney's fees are available less often even when sanctions are warranted because more public interest remedies, like reprimands, fines, orders of continuing education, and disciplinary referrals, are favored. This Article will focus on bar disciplinary referrals under the new rule. While the 1993 rule expressly invites more disciplinary referrals, it provides little guidance on their procedural or substantive guidelines. The 1993 rule is not clear on which recipient agencies are contemplated for the referrals, or when and what forms of "vigilante" discipline would be appropriate as alternatives, or supplements, to these referrals. Further, many state disciplinary agencies are not well prepared to handle a flood of Rule 11 referrals. The Article will addresses these issues, and then offers suggestions on the relationship between disciplinary referrals and other available sanctions under Rule 11.en_US
dc.rightsAuthor(s) reserve all available rights in the Work. Permission is granted for individual digital or hard copies made without fee for use in academic classrooms and for use by individuals for personal research and study.en_US
dc.subjectFederal Rules of Civil Procedureen_US
dc.subjectFRCPen_US
dc.subjectRule 11en_US
dc.subjectfrivolous litigationen_US
dc.subjectattorney conducten_US
dc.subjectattorney misconducten_US
dc.subjectjudicial sanctioning authorityen_US
dc.subjectfinesen_US
dc.subjectfeesen_US
dc.subjectsanctionsen_US
dc.titleDisciplinary Referrals Under New Federal Civil Rule 11en_US
dc.type.genreArticleen_US
dc.typeTexten_US
dc.contributor.departmentCollege of Lawen_US


Files in this item

Thumbnail

This item appears in the following Collection(s)

Show simple item record