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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?
(1997)
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 ...
Defendant Class Actions Under Rule 23(b)(2): Resolving the Language Dilemma
(1991)
This Article explores the language dilemma created by the provisions of subsection (b)(2). After setting out the precise nature of the language dilemma, the Article discusses the arguments of those courts that have denied ...
Should It Take A Thief?: Rethinking the Admission of Illegally Obtained Evidence in Civil Cases
(2003)
This article explores excluding evidence in civil cases. Part I introduces the article’s premise that civil courts should rethink the admission of illegally obtained evidence in civil cases. The article asserts that the ...
Ex Parte Domestic Violence Orders of Protection: How Easing Access to Judicial Process Has Eased the Possibility for Abuse of the Process
(2008)
This article explores how state domestic violence statutory schemes that grant temporary ex parte orders have inadvertently lead to the abuse of orders of protection. Part I introduces how domestic violence statutes came ...
Civil Procedure by Contract: A Convoluted Confluence of Private Contract and Public Procedure in Need of Congressional Control
(2002)
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 ...
Rambo as Potted Plant: Local Rulemaking's Preemptive Strike Against Witness-Coaching During Depositions
(1995)
Several federal district courts have enacted rules that seek to preempt attorneys from interfering with the discovery process through improper "witness-coaching" by prohibiting an attorney from engaging in off-the-record ...
The Forum Selection Clause: A Tale of Two Concepts
(1993)
This article posits that lack of discussion is a principal reason why the parameters of the forum selection clause remain ill-defined, and that the struggle to construct a standard for enforcement has proven difficult. ...
Conflicts of Interest and the Indigent Client: Barring the Door to the Last Lawyer in Town
(1995)
In order to revisit the application of conflict of interest principles to legal services practice, this article employs a survey of legal services providers. In addition to setting a context for discussion by determining ...
Hearsay and the Right of Confrontation in American Trials by Jury
(2011)
This Article discusses the origin and history of the hearsay doctrine, including the goals it seeks to achieve and the many exceptions to the rule against hearsay. It then discusses that when exceptions to hearsay are ...
Surveying Gender Bias at One Midwestern Law School
(2002)
The graduating class of 1997 entered Northern Illinois University College of Law (NIUCOL) with 51% women. That figure steadily dropped over the next three years. The graduating class of 2000 entered NIUCOL with just 33% ...