DOCSLIB.ORG

Congressional Record—Senate S9944

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Congressional Record—Senate S9944 S9944 CONGRESSIONAL RECORD — SENATE September 3, 1998 Although my amendment failed on a International Development’s efforts to Wright is one of the most distinguished vote of 74 to 19, I am heartened by two ensure that the countries of the former constitutional authorities in the coun- things. First, we won more votes for ef- Soviet Union develop effective legal try, a champion for racial justice, and fective IMF reform yesterday than we systems capable of addressing the the model of what a great lawyer did when the question was first put to many challenges facing these states as should be. For more than forty years the Senate back in March. And second, they continue to build stable demo- he has shaped and influenced genera- the issue is far from settled in the cratic societies. One area of particular tions of Texas lawyers while teaching House, which has been more skeptical concern is the troubling amount of do- at the UT Law School, including my- of providing the IMF with any addi- mestic violence in Russia. This bill self. Professor Wright also does not shy tional resources. In other words, this makes clear that the active support of from a challenge. He has argued twelve issue is far from settled, and my hope women’s crisis centers in Russia should times before the Supreme Court, win- is that the final version of the foreign be a priority. ning most of his cases, some of them operations bill will either include the Additionally, the bill makes clear landmark decisions. As an author, Pro- more effective reforms I have proposed, that no funds should be provided to fessor Wright has written one of the or will scale back IMF funding alto- Russia if the government of Russia im- most definitive texts in the arena of gether. plements any statute, executive order, law, Federal Practice and Procedure, FY99 FOREIGN AID SPENDING or regulation that would discriminate cited by many as the bible for federal Mr. President, pending a final resolu- against religious groups or commu- judges. His pursuit of professional ex- tion of the IMF issue, I think it is im- nities in Russia. cellence is mirrored by his righteous portant to consider what else is accom- Sixth, I am pleased that this bill con- courage, having fought for desegrega- plished by this bill, because there are ditions assistance to Russia on Mos- tion and to put an end to racial intoler- some very good things about it. First, cow’s termination of financial and ance. I would note that the cost of the bill, technical support for Iran’s nuclear I would like to quote from the Austin aside from the IMF, is nearly $600 mil- program. Iran’s ongoing efforts to ac- American-Statesman: ‘‘For Wright’s lion, or 4.5 percent, less than last quire nuclear weapons are a threat to accomplishments in the legal field, his year’s measure. That is significant. our security; it would be the height of country thanks him. For his sterling Second, this bill contains $2.94 billion irresponsibility to send American tax- record as a professor, the university in aid to Israel: $1.08 billion in eco- payers’ dollars to a country that is as- and its graduates thank him. For his nomic assistance and $1.86 billion in sisting a rogue state such as Iran in de- personal courage in opening minds, all military assistance. I would note that veloping these dangerous weapons. Austin should thank him.’’ Happy this amount is $60 million less than Along similar lines, the bill wisely Birthday Charles and thank you. I ask was appropriated for Israel last year, restricts aid to North Korea unless the that the Sunday, June 21, 1998, Austin and it is consistent with the United President can certify that it has ceased American-Statesman editorial paying States’ agreement with Israeli Prime its efforts to develop nuclear weapons tribute to Charles Alan Wright be Minister Benjamin Netanyahu to phase and that it has also stopped assisting printed in the RECORD. out U.S. economic assistance to Israel the ballistic missile programs of states The editorial follows: over ten years. These funds are crucial that support terrorism. [From the Austin American-Statesman June to ensuring that Israel’s economic and Seventh, the bill takes steps to en- 21, 1998] security concerns continue to be ade- sure that American interests in Cen- A SCHOLAR AND A LEADER quately addressed. tral Asia are protected. In the next few Charles Alan Wright is lucky enough to The level of support for Israel that is years, a massive pipeline will be built live in interesting times and smart enough contained in this bill sends a clear mes- to make the most of it. to transport the vast oil and natural sage to the people of Israel and the A profile of this towering scholar and pro- gas resources of the Caspian Sea region world that the world’s greatest democ- fessor at the University of Texas law school to the Mediterranean sea for export to racy remains committed to supporting in today’s editions by American-Statesman the West. The bill states that an East- reporter Mary Ann Roser is a testament to the only democracy in the Middle East, West pipeline that travels through Tur- his presence on campus and in the world at a critical ally that supports American key—as opposed to a Northern pipeline large. values and interests in a critical re- Wright has made an indelible imprint on gion. through unstable regions of Russia— the law school, an institution he helped raise Third, the bill contains other provi- will provide a secure energy transport in stature in his tenure of more than 40 sions that I believe will serve to pro- system that will support stability and years. And his impact in the legal profession tect our values and interests in the democracy in the region. will be just as lasting, as his multi-volume Middle East. For example, the bill CONCLUSION bible of federal court procedures, Federal Mr. President, given that the IMF Practice and Procedure, attests. makes clear that the Palestine Broad- Wright joined the law school faculty in casting Corporation is an organization issue has yet to be resolved—House ap- 1955 and made an immediate impression. that restricts fundamental press free- proval is tenuous at best—I ultimately From intramural football to the controver- doms and broadcasts material that is based my vote on the initial version of sial defense of President Richard M. Nixon in inimical to U.S. interests, and is there- the FY99 Foreign Operations bill on the Watergate scandal, Wright has been in- fore unworthy of U.S. assistance. the balance of factors I have just dis- volved both in the school and in the life Fourth, the legislation includes an cussed. Should it turn out that the IMF around him. As he is today as a member of amendment offered by the Majority funding is ultimately included, par- the legal team appealing the Hopwood deci- sion by the federal court of appeals. Leader—an amendment I cosponsored— ticularly without a mechanism for en- Wright brought status and stature to the that will provide $10 million to support suring the implementation of effective UT School of Law. His high profile and pres- the Iraqi opposition. Saddam Hussein’s reforms of the way the international tige certainly helped attract the faculty that recent decision to halt all cooperation agency does business, I may well reas- has kept the law school in the top rank in with U.N. arms inspections and recent sess my vote on the final conference re- the country. revelations that Iraq had developed the port. For now, I am supporting the bill. Wright will always be known for his work with the Nixon defense team during the Wa- capability to load deadly VX nerve gas f tergate years and for his involvement with in missile warheads is a reminder of the prestigious American Law Institute, for the continuing threat posed by this TRIBUTE TO PROFESSOR CHARLES ALAN WRIGHT which he served as president and vice presi- rogue regime to U.S. forces and friends dent. in the region. The additional funding in ∑ Mrs. HUTCHISON. Mr. President, I Those intimate with the legal profession this bill is intended to reinvigorate the rise today to pay tribute to a man for are impressed, too, that three U.S. Supreme Iraqi opposition as part of an over- whom I have great respect; a man who Court justices have appointed him to the arching strategy that is aimed at re- inspired and taught me while I at- Standing Committee on Rules of Practice tended the University of Texas Law and Procedure of the Judicial Conference. He placing the current government in served the conference from 1964 to 1993. Iraq. School. I am speaking of Law Professor But Wright’s personal courage in chal- Fifth, the bill provides clear and Charles Alan Wright. Today is Charles lenging this community’s racial intolerance strong support for the Agency for Alan Wright’s birthday. Charles Alan in VerDate Mar 15 2010 00:32 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\1998SENATE\S03SE8.REC S03SE8 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 3, 1998 CONGRESSIONAL RECORD — SENATE S9945 the early years of desegregation illuminates The PRESIDING OFFICER. Without FOUNDATION, FOR A TERM EXPIRING MAY 10, 2004, VICESHIRLEY MAHALEY MALCOM, TERM EXPIRED. Wright the man as much as his many profes- objection, it is so ordered.
Load more

Recommended publications
  • Doing Right by Charles Alan Wright Carl W
    University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 2004 Doing Right By Charles Alan Wright Carl W. Tobias University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/law-faculty-publications Part of the Courts Commons, and the Jurisdiction Commons Recommended Citation Carl Tobias, Doing Right By Charles Alan Wright, 37 U.C. Davis L. Rev. 1351 (2004) This Book Review is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. Doing Right by Charles Alan Wright' Reviewed by Carl Tobias .. TABLE OF CONTENTS INTRODUCTION .............................................................................................. 1352 I. HISTORY OF LAW OF FEDERAL COURTS ............................................ 1353 II. CONTRIBUTIONS OF THE SIXTH EDITION .......................................... 1354 III. SUGGESTIONS FOR THE FUTURE ........................................................ 1356 CONCLUSION································································································· 1358 . LAW OF FEDERAL COURTS xix, 929 (6th ed. St. Paul, Minn.). By Charles Alan Wright (The late Charles Alan Wright Chair in Federal Courts, University of Texas School of Law) and Mary Kay Kane (Chancellor, Dean and Distinguished Professor
    [Show full text]
  • A Modern Hamlet in the Judicial Pantheon
    Michigan Law Review Volume 93 Issue 6 1995 A Modern Hamlet in the Judicial Pantheon Charles Alan Wright University of Texas Law School Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Judges Commons, and the Legal Biography Commons Recommended Citation Charles A. Wright, A Modern Hamlet in the Judicial Pantheon, 93 MICH. L. REV. 1841 (1995). Available at: https://repository.law.umich.edu/mlr/vol93/iss6/36 This Review is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. A MODERN HAMLET IN THE JUDICIAL PANTHEON Charles Alan Wright* LEARNED HAND: THE MAN AND THE JUDGE. By Gerald Gunther. New York: Alfred A. Knopf. 1994. Pp. xxi, 818. $35. My son and his family gave me this massive book for my birth­ day. It was a splendid choice. The book is one that ought to inter­ est anyone who cares about law. It is a highly readable biography of an extraordinary judge.1 The book was of particular interest to me both because of the special concern I have for the federal courts and because I had the privilege of seeing Judge Hand in action. In the 1949-1950 term I clerked for Judge Charles E. Clark of the Second Circuit, during the time when Learned Hand was chief judge.
    [Show full text]
  • Fred Rodell's Case Against the Law
    Florida State University Law Review Volume 24 Issue 1 Article 3 1996 Fred Rodell's Case Against the Law Ken Vinson [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Ken Vinson, Fred Rodell's Case Against the Law, 24 Fla. St. U. L. Rev. 107 (1996) . https://ir.law.fsu.edu/lr/vol24/iss1/3 This Essay is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW FRED RODELL'S CASE AGAINST THE LAW Ken Vinson VOLUME 24 FALL 1996 NUMBER 1 Recommended citation: Ken Vinson, Essay, Fred Rodell's Case Against the Law, 24 FLA. ST. U. L. REV. 107 (1996). FRED RODELL’S CASE AGAINST THE LAW KEN VINSON* The society of lawyers is doing quite well, thank you, what with a great many of this country’s 900,000 lawyers paying their country club dues out of petty cash. Yet, for these proud toilers in the billable-hours trade—one attorney at law for every 300 Americans—and for the 50,000 new attorneys entering the legal profession annually, there’s a lining not so silvery. Anti-lawyer elements, agitated by the mumbo jumbo that lawyers use to lord it over the common herd, are raising lawyer-bashing to record heights. Bombarded by these negative reviews, a nervous lawyer is surely tempted of late to do a Richard Nixon and announce: “I am not a shyster.” Lawyer-bashing has so numbed the legal-eagle clan that re- form groups such as HALT (originally known as Help Abolish Le- gal Tyranny) are even winning a few battles to force lawyers to use plain English in writing deeds and contracts.
    [Show full text]
  • University of Pennsylvania Law School\Udrive\School
    CATHERINE T. STRUVE University of Pennsylvania Law School 3501 Sansom Street Philadelphia, PA 19104 (215) 898-7068 email: [email protected] WORK EXPERIENCE: 2000-present University of Pennsylvania Law School, Philadelphia, PA. David E. Kaufman & Leopold C. Glass Professor of Law (2019- ); Professor (2005- 2019); Assistant Professor (2000-2005). 1996-2000 Cravath, Swaine & Moore, New York, NY. Associate, litigation department. 1995-1996 Judge Amalya L. Kearse, United States Court of Appeals for the Second Circuit. Law clerk. EDUCATION: 1992-1995 Harvard Law School J.D., magna cum laude, awarded 1995. Notes Office Co-Chair and Supervising Editor, Harvard Law Review. 1988-1992 Harvard College B.A. in Comparative Religion, summa cum laude, awarded 1992. Phi Beta Kappa. John Harvard Scholar. Elizabeth Cary Agassiz Scholar. PUBLICATIONS: 2021 Supplements to 16A & 16AA FEDERAL PRACTICE AND PROCEDURE (5th ed.) (with the late Charles Alan Wright, Arthur R. Miller, & Edward H. Cooper). 16AA FEDERAL PRACTICE & PROCEDURE (5th ed. 2020) (with the late Charles Alan Wright, Arthur R. Miller, & Edward H. Cooper). 16A FEDERAL PRACTICE & PROCEDURE (5th ed. 2019) (with the late Charles Alan Wright, Arthur R. Miller, & Edward H. Cooper). Procedure in Context, 70 HASTINGS L.J. 1121 (2019) (tribute to Geoffrey C. Hazard, Jr.). Last updated May 2021 The Federal Rules of Inmate Appeals, 50 ARIZ. ST. L.J. 247 (2018). Phantom Rules, 117 COLUM. L. REV. ONLINE 70 (2017). FIELD, KAPLAN, CLERMONT, AND STRUVE'S CIVIL PROCEDURE, MATERIALS FOR A BASIC COURSE (11th ed. 2014) (with Professor Kevin Clermont, the late Professor Richard Field, and the late Justice Benjamin Kaplan). TEACHER'S MANUAL TO FIELD, KAPLAN, CLERMONT, AND STRUVE'S CIVIL PROCEDURE, MATERIALS FOR A BASIC COURSE (11th ed.
    [Show full text]
  • Charles Adshead Wright Collection
    Collection 3013 Charles Adshead Wright Collection 1810-1982 108 scrapbooks in 33 boxes, 14 linear feet Contact: The Historical Society of Pennsylvania 1300 Locust Street Philadelphia, PA 19107 Phone: (215)732-6200 FAX: (215)732-2680 http://www.hsp.org Processed by: Patrick Henry Shea Processing Completed: March 2002 Restrictions: None ________________________________________________________________________ © 2002 The Historical Society of Pennsylvania. All Rights Reserved. Charles Adshead Wright Collection Collection 3013 Charles Adshead Wright Collection 1810-1982 108 scrapbooks in 33 boxes, 14 linear feet Collection 3013 Abstract The Charles Adshead Wright Collection recounts the story of an American family coming of age in the nineteenth and twentieth centuries. The story is told through the recollections and writings of Charles Adshead Wright, who began compiling his memoirs in 1923, at the age of twenty-four. He titled his project, “The Story of a Life,” and noted, “It will be my purpose to record daily the experiences which I have had, and my own personal reaction to those experiences.” His project went through several revisions and periods of dormancy in the subsequent years, but continued with the support of his family, who inspired him to write additional chapters that gave a chronological account of all of the activities of the Wright family. He illustrated the text with family photographs, clippings, holiday cards, and other ephemera, so that by 1987 the “Wright Family History” occupied 108 binders and spanned nearly 172 years in the life of an American family. Background Note Charles Adshead Wright spent a lifetime expressing his thoughts and ideas through words, for both personal and professional reasons alike.
    [Show full text]
  • Watergate Committee Would Jail Subpoena
    Watergate Committee Would Jail Subpoena galley-west.Longanimous Snuffier Niven neveror corrected, fondled Hamlen so accessorily never stumbles or fizzling any any signposts! algologist typically. Andres Christianizes Stone which held a contempt and jailed for one day care he was released pending direct appeal. The silly way to address the politicization of law enforcement is by eliminating it, which means your people prevent the Trump administration, or flour with connections to the administration, do they receive special treatment. Play by inspecting his campaign, the transfer counsel was echoed by civic state. Please or your bias for reporting. You learn money come the Vatican? New York: Harper Collins. It be based company, written extensively by the first stage as opposed this committee would subpoena for the investigation where he had destroyed his thoughts here to investigate the constitution gives a fucking arrest. NPR News station, made of feed just offend you. As the foregoing description shows, the handwriting had buried itselfdeep in layers of secrecy haven protections. Making a difference at WBUR through leadership giving. Biden sought the removal of Ukrainian prosecutor Shokin to protect Hunter Biden. President and watergate grand jury investigation may not run out. Dean He he get involved gun. Independent Counsel and those write the Committees. White House advisers, the deliberative process privilege applies to executive branch officials generally. Ukraine Impeachment Inquiry Report issued by village House Intelligence Committee, in light exercise these elements. Enterprise systematically undercut our curiosity about a committee would subpoena power could be used Snap Judgment mixes real stories with killer beats to produce cinematic, dramatic radio.
    [Show full text]
  • Proceedings of the United States Senate in the Impeachment Trial Of
    1 116TH CONGRESS " ! S. DOC. 2d Session SENATE 116–12 PROCEEDINGS OF THE UNITED STATES SENATE IN THE IMPEACHMENT TRIAL OF PRESIDENT DONALD JOHN TRUMP PART III PART III OF IV VerDate Sep 11 2014 17:12 Jan 20, 2020 Jkt 039382 PO 00000 Frm 00001 Fmt 6012 Sfmt 6012 E:\HR\OC\SD012P3.XXX SD012P3 tkelley on DSKBCP9HB2PROD with SENATE DOC E:\Seals\Congress.#13 1 116TH CONGRESS " ! S. DOC. 2d Session SENATE 116–12 PROCEEDINGS OF THE UNITED STATES SENATE IN THE IMPEACHMENT TRIAL OF PRESIDENT DONALD JOHN TRUMP PART III PART III OF IV U.S. GOVERNMENT PUBLISHING OFFICE 39–382 WASHINGTON : 2020 VerDate Sep 11 2014 17:12 Jan 20, 2020 Jkt 039382 PO 00000 Frm 00003 Fmt 4012 Sfmt 4012 E:\HR\OC\SD012P3.XXX SD012P3 tkelley on DSKBCP9HB2PROD with SENATE DOC E:\Seals\Congress.#13 VerDate Sep 11 2014 17:12 Jan 20, 2020 Jkt 039382 PO 00000 Frm 00004 Fmt 4012 Sfmt 4012 E:\HR\OC\SD012P3.XXX SD012P3 tkelley on DSKBCP9HB2PROD with SENATE DOC C O N T E N T S Page PART III 1. Replication of the United States House of Representatives to the Answer of President Donald J. Trump to the Articles of Impeachment ............................................................................................... 129 2. Trial Memorandum of President Donald J. Trump .................................. 139 (III) VerDate Sep 11 2014 21:28 Jan 20, 2020 Jkt 039382 PO 00000 Frm 00005 Fmt 5904 Sfmt 0486 E:\HR\OC\SD012P3.XXX SD012P3 tkelley on DSKBCP9HB2PROD with SENATE DOC VerDate Sep 11 2014 17:12 Jan 20, 2020 Jkt 039382 PO 00000 Frm 00006 Fmt 5904 Sfmt 0486 E:\HR\OC\SD012P3.XXX SD012P3 tkelley on DSKBCP9HB2PROD with SENATE DOC IN THE SENATE OF THE UNITED STATES Sitting as a Court of Impeachment In re IMPEACHMENT OF PRESIDENT DONALD J.
    [Show full text]
  • The Separation of Powers Under Nixon: Reflections on Constitutional Liberties and the Rule of Law*
    VOLUME 1981 FEBRUARY NUMBER 1 THE SEPARATION OF POWERS UNDER NIXON: REFLECTIONS ON CONSTITUTIONAL LIBERTIES AND THE RULE OF LAW* PETER E. QUINT** I. INTRODUCTION ................................................ 2 II. EXECUTIVE ACTION UNDER PRESIDENT NIXON .................. 5 A. The War in Indochina ..................................... 5 B. The Pentagon Papers....................................... 9 C. PresidentialImpoundment .................................. 14 D. Warrantless Executive Surveillance ......................... 18 1. 'Wational Security" Wiretapping: The Keith Case ....... 18 2. PoliticalSurveillance by the Army ....................... 25 E. Executive Privilege ......................................... 29 III. Two TYPES OF EXECUTIVE ACTION ............................. 35 A. Dangers of Executive Lawmaking in the Form of General Rules or Policies........................................... 35 B. Dangers of Executive Action Against Specfc Individuals Without a GeneralRule .................................... 39 IV. SEPARATION OF POWERS AND THE PROTECTION OF CONSTITUTIONAL RIGHTS ...................................... 41 A. The Threat to ConstitutionalRights Posed by Executive Action Without Statutory Authorization ............................ 43 1. Threats to FirstAmendment Rights in Executive Action Without a GeneralRule ................................ 43 2. Threats to ConstitutionalRights in GeneralPosed by Executive Action Without a Statute ..................... 47 B. Legislative Rulemaking and the Protection of Constitutional
    [Show full text]
  • JOHN BILYEU OAKLEY Distinguished Professor of Law, Emeritus University of California School of Law 400 Mrak Hall Drive Davis, California 95616-5201 Tel
    JOHN BILYEU OAKLEY Distinguished Professor of Law, Emeritus University of California School of Law 400 Mrak Hall Drive Davis, California 95616-5201 Tel. 530-752-2895 E-mail [email protected] Fax 530-752-4704 CURRICULUM VITAE PERSONAL Born: June 18, 1947, in San Francisco, California. Married: May 25, 1969, to Fredericka Barvitz. Children: Adélie Wright Oakley, born May 10, 1974. Antonia Bilyeu Oakley, born August 23, 1982. Home Address: 39598 Lupine Court, Davis, California 95616-9756. Home Telephone: (530) 758-3466. Mobile Telephone: (530) 867-0253. EDUCATION Law: J.D., Yale University, 1972. Board of Editors, Yale Law Journal. Assistant in Instruction, Yale Law School Faculty. Undergraduate: A.B., University of California, Berkeley, 1969. Honors with Distinction in History and General Scholarship. Phi Beta Kappa. National Merit Scholar. Other Study: Visiting Student in the Arts, University of Sussex, England, 1966-67. PROFESSIONAL EMPLOYMENT July 2009 to present: Distinguished Professor of Law, Emeritus, University of California, Davis (recalled for 2009-2014). July 2005 to July 2009: Distinguished Professor of Law, University of California, Davis (Professor of Law 1979-2005; Acting Professor of Law 1975- 1 1979). Feb. 1996 to present: Associate, Department of Philosophy, University of California, Davis. Dec. 1995 to Feb. 2004: Reporter, Federal Judicial Code Revision Project, American Law Institute. Jan. 2002 to July 2002: Consultant, Committee on Federal-State Jurisdiction, United States Judicial Conference. Jan. 2001 to May 2001: Visiting Professor of Law, University of California, Berkeley (part-time). March 2001: Distinguished Visiting Professor of Law, University of Tennessee, Knoxville. Jan. 1998 to July 1998: Consultant, Commission on Structural Alternatives for the Federal Courts of Appeals.
    [Show full text]
  • VESPER CORPORATION, : Plaintiffs, : : V
    IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KEYSTONE COKE COMPANY AND : VESPER CORPORATION, : Plaintiffs, : : v. : : H. DONALD PASQUALE, HAPLOID : CORP., OUT PARCELS, INC., : SWEDELAND ROAD CORPORATION, : CRATER RESOURCES, INC., : EACH PARCEL ASIS, INC., : RAGM SETTLEMENT CORPORATION, : R-T OPTION CORP., UNKNOWN : PASQUALE ENTITIES 1-100, : Defendants. : : ========================= : : H. DONALD PASQUALE, OUT : PARCELS, INC., SWEDELAND ROAD : CORPORATION, EACH PARCEL ASIS, : INC., RAGM SETTLEMENT CORPORA- : TION, R-T OPTION CORP., : Third-Party Plaintiffs, : : CIVIL ACTION v. : : NO. 97-6074 BEAZER EAST, INC., : f/k/a KOPPERS COMPANY, INC., : DRUMMOND COMPANY INC. (SUCCESS- : OR TO ALABAMA BY-PRODUCTS : CORPORATION), PHILADELPHIA : NEWSPAPER REALTY, INC., PHILA- : DELPHIA NEWSPAPERS, INC., : Third-Party Defendants. : : ========================= : : HAPLOID CORP. AND CRATER : RESOURCES, INC., : Third-Party Plaintiffs, : : v. : : GULPH MILLS GOLF CLUB : Third-Party Defendant. : MEMORANDUM ORDER This action arises from environmental contamination at two sites in Upper Merion Township, Montgomery County, Pennsylvania. Presently before the court is the Motion of Crater Resources, Inc. and Haploid Corp to Dismiss Counterclaims. Plaintiffs filed a complaint against Crater Resources, and Haploid Corp. (the "Crater defendants") and several other defendants (the "Renaissance defendants"). The Renaissance defendants filed a third-party complaint against several parties including Beazer East, Inc. ("Beazer East") pursuant to Fed. R. Civ. P. 14. The Crater defendants did not join in this third- party complaint. Beazer East filed a counterclaim against the Renaissance defendants and against the Crater defendants. The Crater defendants argue that this counterclaim is improper because Beazer East and the Crater defendants are not opposing parties as required by Rule 13. Beazer East responds that its mislabelled claim should be treated as a cross-claim.
    [Show full text]
  • 287 Improving Rule 1: a Master Rule for the Federal Rules
    IMPROVING RULE 1: A MASTER RULE FOR THE FEDERAL RULES † ROBERT G. BONE INTRODUCTION Over the past three decades, many courts and commentators have expressed concern about federal civil litigation. One hears frequent com- plaints about the high costs of discovery, strategic abuse of the litigation process, huge case backlogs, litigation delays, and frivolous suits. The Institute for the Advancement of the American Legal System and the American College of Trial Lawyers recently conducted a survey that revealed broad agreement in the practicing bar that key features of the current system are not working well.1 Many lawyers and commentators believe that the Federal Rules of Civil Procedure should be reformed, but there is little agreement as to what exactly should be done.2 This issue of the Denver University Law Review addresses the ques- tion of what to do. Other contributions analyze a number of Federal Rules at the core of current reform efforts, including Rule 8(a) (the pleading rule),3 Rule 23 (the class action rule),4 and Rule 26 (the basic discovery rule).5 My Essay takes a different approach. It focuses on Rule 1, and in particular on a single sentence in Rule 1: “[The Federal Rules of Civil Procedure] should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceed- ing.”6 This sentence, which “sets forth the basic philosophical principle for the construction of the rules,” is critical to the operation of the Fed- † G. Rollie White Professor of Law, The University of Texas School of Law.
    [Show full text]
  • Charles Alan Wright Geoffrey C
    University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 2000 In Memoriam: Charles Alan Wright Geoffrey C. Hazard Jr. UC Hastings College of the Law, [email protected] Follow this and additional works at: http://repository.uchastings.edu/faculty_scholarship Recommended Citation Geoffrey C. Hazard Jr., In Memoriam: Charles Alan Wright, 79 Tex. L. Rev. 5 (2000). Available at: http://repository.uchastings.edu/faculty_scholarship/967 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Faculty Publications UC Hastings College of the Law Library Hazard, Jr. Geoffrey Author: Geoffrey C. Hazard, Jr. Source: Texas Law Review Citation: 79 Tex. L. Rev. 5 (2000). Title: In Memoriam: Charles Alan Wright Originally published in the TEXAS LAW REVIEW. The English version is reprinted with permission from the TEXAS LAW REVIEW and the University of Texas, Austin, School of Law. Charles Alan Wright Geoffrey C. Hazard, Jr.* Charles died in July of this year, prematurely at the age of 72. We miss him sorely. He was at the time President of the American Law Institute, the Charles Alan Wright Professor of Law at The University of Texas, the principal co-author of the leading treatise on Federal Practice and Procedure, and a practitioner preeminent as an appellate advocate. He was also a dear friend and colleague of the members of the Institute, especially the members of the Council.
    [Show full text]