Universal Justice: The Role of Federal Courts in International Civil Litigation

1995 ◽  
Vol 95 (8) ◽  
pp. 2120
Author(s):  
Jeffrey Rabkin
Keyword(s):  
Federal Courts ◽  
Civil Litigation

Does Procedural Mean Trans-substantive? A Historical and Normative Analysis of English Civil Procedure Rules

2020 ◽  
pp. 245-268
Author(s):  
Carla Crifo
Keyword(s):  
Nineteenth Century ◽  
Legal System ◽  
Civil Procedure ◽  
Federal Courts ◽  
Civil Litigation ◽  
American System ◽  
Normative Analysis

One of the outcomes of the Judicature Acts’ reforms of English civil litigation in the nineteenth century was the separation of ‘substance’ from ‘procedure’, by introducing rules of court that were expected to apply trans-substantively, in contrast to the previous forms of action. This was not an express central aim of the reformers, who may also have been influenced by the then concurrent creation of the American system of federal courts and their civil procedure. The chapter identifies the historical, philosophical, and ideological buttresses of the trans-substantive nature of procedural rules in the English legal system, and how trans-substantivity itself differs from the cognate values of generality and uniformity. It then explores whether any one of these concepts is still used, or useful, in English civil procedure.

The Judicial-Legal Definition of Discrimination in Testing

1975 ◽  
Vol 8 (1) ◽  
pp. 7-18
Author(s):  
Margaret G. Gold ◽  
Joseph F. Bruno
Keyword(s):  
Personnel Selection ◽  
Civil Service ◽  
Test Construction ◽  
Federal Courts ◽  
Public And Private ◽  
Legal Definition ◽  
Definition Of ◽  
The Revolution

In the last several years, there has been a revolution in the field of personnel testing. The revolution is due to the fact that the federal courts have assumed the role of tester of testers in extending a series of challenges to civil service and other personnel examinations. The ramifications of this intervention by the federal courts into personnel testing have been far-reaching. Public and private employers can no longer casually select an examination or other personnel selection device without running the risk that a successful challenge will be made to the list resulting from the test, thereby preventing appointments from being made. The result has clearly been a more careful application of the principles of sound test construction by civil service commissions and personnel departments.

The Expanding Role of Multidistrict Consolidation in Federal Civil Litigation: An Empirical Investigation

2009 ◽  
Author(s):  
Emery G. Lee ◽  
Margaret S. Williams ◽  
Richard A. Nagareda ◽  
Joe S. Cecil ◽  
Thomas E. Willging ◽  
...  
Keyword(s):  
Empirical Investigation ◽  
Civil Litigation

Prison Litigation: From the 1960s to the 1990s

1989 ◽  
Vol 3 (3) ◽  
pp. 279-298 ◽  
Author(s):  
G. Larry Mays ◽  
Michelle Olszta
Keyword(s):  
Criminal Justice ◽  
Social Issues ◽  
Critical Issue ◽  
Federal Courts ◽  
Prison Inmates ◽  
State Prison ◽  
The 1960S

Prison litigation has been a critical issue for criminal justice and legal scholars, and for correctional practitioners for three decades. It generally is agreed that lawsuits filed by prison inmates and the attention given these suits by the federal courts have served to heighten the debate over the role of prisons in our society. Additionally, from an intergovernmental perspective, much concern has been expressed over the federal courts' role in supervising state prison operations. This article examines a number of legal and social issues that have been raised in prison litigation.

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