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Attachment and Garnishment in the Federal Courts
Michigan Law Review Volume 59 Issue 3 1961 Attachment and Garnishment in the Federal Courts Brainerd Currie The University of Chicago Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Civil Procedure Commons, Courts Commons, Jurisdiction Commons, and the Supreme Court of the United States Commons Recommended Citation Brainerd Currie, Attachment and Garnishment in the Federal Courts, 59 MICH. L. REV. 337 (1961). Available at: https://repository.law.umich.edu/mlr/vol59/iss3/2 This Article 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]. MICHIGAN LAW REVIEW Vol 59 JANUARY 1961 No. 3 ATTACHMENT AND GARNISHMENT IN THE FEDERAL COURTS Brainerd Currie* I. TllE PROBLEM AND ITS ORIGINS ERSONAL injuries allegedly caused by the negligent manufac P ture of safety fuses used in blasting operations in a coal mine were suffered by Raymond Davis, apparently a citizen of Arkansas. The manufacturer, Ensign-Bickford Company, was a Connecticut corporation that could not be personally served with process within Arkansas. But it happened that two foreign corporations, ame nable to process in the state, were indebted in substantial amounts to Ensign-Bickford Company. Accordingly, counsel for Davis, in voking the diversity jurisdiction, filed an action in the District Court for the Western District of Arkansas. Without issue of sum mons, the plaintiff, in conformity with Arkansas statutes, sued out orders of general attachment, for notice by publication, and for warning the defendant. -
In the Supreme Court of the United States
No. In the Supreme Court of the United States LANELL WILLIAMS-YULEE, Petitioner, v. THE FLORIDA BAR, Respondent. On Petition for a Writ of Certiorari to the Supreme Court of Florida PETITION FOR A WRIT OF CERTIORARI ERNEST J. MYERS ANDREW J. PINCUS LEE W. MARCUS CHARLES A. ROTHFELD Marcus & Myers, P.A. MICHAEL B. KIMBERLY 1515 Park Center Drive Counsel of Record Suite 2G PAUL W. HUGHES Orlando, FL 32835 Mayer Brown LLP (407) 447-2550 1999 K Street NW Washington, DC 20006 EUGENE R. FIDELL (202) 263-3127 Yale Law School mkimberly@ Supreme Court Clinic mayerbrown.com 127 Wall Street New Haven, CT 06511 (203) 432-4992 Counsel for Petitioner QUESTION PRESENTED Whether a rule of judicial conduct that prohibits candidates for judicial office from personally solicit- ing campaign funds violates the First Amendment. ii TABLE OF CONTENTS Question Presented ..................................................... i Table of Authorities................................................... iii Opinions Below............................................................1 Jurisdiction..................................................................1 Constitutional Amendment and Canon of Conduct Involved.........................................1 Statement ....................................................................2 A. Factual background..........................................3 B. Procedural background ....................................3 Reasons for Granting the Petition..............................6 A. There is a deep and acknowledged conflict -
United States Court of Appeals for the EIGHTH CIRCUIT ______
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1858 ___________ Curtis Ray Frisby, Special * Administrator of the Estate of * Shirley Fay Frisby, * * Plaintiff - Appellant, * Appeal from the United States * District Court for the v. * Western District of Arkansas. * Milbank Manufacturing Co., * * Defendant - Appellee. * ___________ Submitted: February 16, 2012 Filed: July 31, 2012 ___________ Before LOKEN, BYE, and MELLOY, Circuit Judges. ___________ LOKEN, Circuit Judge. Shirley Frisby collapsed and died from an apparent heart attack while working on an assembly line at Milbank Manufacturing Company’s facility in El Dorado, Arkansas. A claim for workers’ compensation death benefits was filed just before the two-year statute of limitations expired. See Ark. Code § 11-9-702(a)(1). After a contested hearing, the Arkansas Workers’ Compensation Commission denied the claim, concluding that the claimant failed to establish by a preponderance of the evidence both “that Mrs. Frisby sustained a compensable myocardial infarction injury” and “that an accident is the major cause of the physical harm that Mrs. Frisby Appellate Case: 11-1858 Page: 1 Date Filed: 07/31/2012 Entry ID: 3937185 sustained.” See Ark. Code §§ 11-9-102(4)(A)(i), (iv); 11-9-114(b)(1). Curtis Frisby as administrator of his wife’s estate then commenced this wrongful death diversity action against Milbank. The district court1 dismissed the action as time barred. Frisby appeals, arguing that the filing of a workers’ compensation claim tolls the statute of limitations for a tort claim against the employer for the same injury, and alternatively that the Arkansas “savings statute” applies and provided him one year after the workers’ compensation claim denial to file this action for the same injury. -
GINAL Fsupr—Rne Cou
Jle GINAL FSupr—rne CoU. U S emFILED No. LC) NOV1U21 OFFICE Of EID" Before The Supreme Court of The United States James E. Whitney Petitioner V. Cindy Glover, et al. Respondent On a petition for a Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit Case no. 18-1227 Petition for Writ of Certiorari James E. Whitney,ProSe Sui Juris In Propria Persona 163817 P.O.Box 600 Grady, Arkansas 71644-0600 RECEIVED NOV 192018 OFFICE OF THE CLERK SUPREME COURT, U.S. Preface Pay heed and hear me, be still and I will speak; If you have what to say, answer me; But if not, listen to me; Be still and I will teach you wisdom. But where does wisdom come? Where is the source of understanding? See! Fear of the Lord is wisdom; to shun Evil is understanding; no man can set a value on the for it is the breath of El Shaddai from which they come. It is not the aged who are wise, nor the elders who understand how to judge. As long as there is life in me, and God's breath is in mynostrils, my lips will speak no wrong, nor my tongue utter deceit. Until I die I will maintain my integrity, I persist in my righteousness and I will not yield; I shall be free of reproach as long as I live. I would not temper my speech for anyone's sake nor show regards for any man, for I do not know how to temper my speech- my maker would soon carry me off. -
Arkansas Public Health Law Bench Book Was Provided by the University of Arkansas at Little Rock, William H
Arkansas Public Health Bench Book Page | 2 ACKNOWLEDGMENTS Sarah Elizabeth Pitman, Editor. Funding for the completion of the Arkansas Public Health Law Bench Book was provided by the University of Arkansas at Little Rock, William H. Bowen School of Law and the Arkansas Center for Health Improvement. The materials contained in the Bench Book were compiled by the Health Law Committee of the Arkansas Bar Association. Special thanks to the following Members: Elizabeth Andreoli, J.D.; Elisa White, J.D.; Amy Dunn Johnson, J.D.; Joe Volpe, J.D.; Brandon Harrison, J.D.; Kathy DiMaggio, J.D.; Kristy Moody, J.D.; Rhonda Wood, J.D.; Carol Roddy, J.D.; Jack McNulty, J.D.; Shannon Fant, J.D.; Diane Mackey, J.D.; J. Lineé Ophof. This Bench Book could not have been completed without the support of the Arkansas Department of Health, in particular the Center for Health Protection, Preparedness, and Response Branch, William Mason, M.D., Branch Chief. Special thanks to the following individuals who contributed comments and expertise to this project: Rick Hogan, J.D., M.P.H.; Diane Mackey, J.D.; Karen Kim, Ph.D.; Jay Gandy, Ph.D.; Kevin Ryan, J.D., M.A., R.N. Please send any comments, suggestions, or corrections to: Rick Hogan General Counsel Arkansas Department of Health 4815 West Markham, Slot H-31 Little Rock, AR 72205-3867 Office (501)661-2252, Fax (501)661-2357 Disclaimer: This Bench Book is intended to be a resource and guide for judges sitting on the bench and those practicing in public health. It is not intended to serve as legal advice in place of a qualified attorney. -
A National Call to Action
A National Call to Action Access to Justice for Limited English Proficient Litigants: Creating Solutions to Language Barriers in State Courts July 2013 For further information contact: Konstantina Vagenas, Director/Chief Counsel Language and Access to Justice Initiatives National Center for State Courts 2425 Wilson Boulevard, Suite 350 Arlington, VA 22201-3326 [email protected] Additional Resources can be found at: www.ncsc.org Copyright 2013 National Center for State Courts 300 Newport Avenue Williamsburg, VA 23185-4147 ISBN 978-0-89656-287-5 This document has been prepared with support from a State Justice Institute grant. The points of view and opinions offered in this call to action are those of the authors and do not necessarily represent the official policies or position of the State Justice Institute or the National Center for State Courts. Table of Contents Preface and Acknowledgments i Executive Summary ii Introduction iv Chapter 1: Pre-Summit Assessment 1 Chapter 2: The Summit 11 Plenary Sessions 12 Workshops 13 Team Exercises: Identifying Priorities and Developing Action Plans 16 Chapter 3: Action Steps: A Road Map to a Successful Language Access Program 17 Step 1: Identifying the Need for Language Assistance 19 Step 2: Establishing and Maintaining Oversight 22 Step 3: Implementing Monitoring Procedures 25 Step 4: Training and Educating Court Staff and Stakeholders 27 Step 5: Training and Certifying Interpreters 30 Step 6: Enhancing Collaboration and Information Sharing 33 Step 7: Utilizing Remote Interpreting Technology 35 Step 8: Ensuring Compliance with Legal Requirements 38 Step 9: Exploring Strategies to Obtain Funding 40 Appendix A: Summit Agenda 44 Appendix B: List of Summit Attendees/State Delegations 50 Preface and Acknowledgments Our American system of justice cannot function if it is not designed to adequately address the constitutional rights of a very large and ever-growing portion of its population, namely litigants with limited English proficiency (LEP). -
Bicentennial Celebration of the U.S. Attorneys
Bicentennial Celebration of the United States Attorneys 1789 - 1989 "The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor– indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one." QUOTED FROM STATEMENT OF MR. JUSTICE SUTHERLAND, BERGER V. UNITED STATES, 295 U. S. 88 (1935) INTRODUCTION In this, the Bicentennial Year of the United States Constitution, the people of America find cause to celebrate the principles formulated at the inception of the nation Alexis de Tocqueville called, “The Great Experiment.” The experiment has worked, and the survival of the Constitution is proof of that. But with the celebration of the Constitution must also come the commemoration of those sharing responsibility for the realization of those noble principles in the lives of the American people, those commissioned throughout our nation’s history as United States Attorneys. -
Arkansas Supreme Court Received a New Chief Council, Inc
If you have issues viewing or accessing this file contact us at NCJRS.gov. , ,~E==-===:::::::::=~_"-'" .. "".'.-----'--~ .. ~_".'-~ ... -.'."""_ .... ~--..._~._ ~_~.;_ ~'~";'_." ,'---'-----C., .... --::.:::::::= ..... ~.. c:. :'~l'::C""";'C:"C='=,.".j.... :'" .I__ "~ ___ ~_ ---------- J: ' " .., • • • ~ -' National crim~,-t_ic_e_R_e_fe_r_e_n_c_e_s_e_rv_ic_e______ ---------:1·. • ... - .- • ~~-1 '• - nCJrs ::1 • -• I • I ; • .. -. This microfiche was produced from documents received for I -- inclusion in the NCJRS data base. Since NCJRS cannot exercise control over the physical condition of the documents submitted, ., I " .A ., ..,• A T .. ~ J I I the individual frame quality will vary. The resolution chart on , 1 - • • ... this frame may be used to eva!,yate the document quality. \ , ~.-,-;..~ :'-'- - . .::..:.. .... .....l.'-_'__ •. ~..:..~_._~... , •• "".:......:~ .........:.- i, I~' .~ . '. ~ - , ,' .. ! I -, :; 1I11I?·8 1111'2.5 • " 1.0 Ww ~3.2 22. '" nm3.6 "=- 1l1U~ &:.i Q :! Ug ... u L:.:t.::.u '1 111111.1 1/ ( ~ "'" 1.25 111111.4_ 111111.6 ,t I MICROCOPY PESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS-1963-A I ! ,,~ .... _ ·4'•. "\ ..... ,.:. '1 Microfilmingprocedures used to create this fiche comply with . ij; ·•.... 1 the standards set forth in 41CFR 101-11.504. .,I Points of view or opinions stated in this document are I' I those of the author(s) and do not represent the official I ! ' position or policies of the U. S. Department of Justice. " . ~- --,.-....,....,.,,- ... '-.,;.~-~, .,-;--.,..,..,~.1 I -II y- , .. o rN;:'ti~.i>aI I~~Jiut~ otJ~siic~-=jt:f~~ .. ~~~~,.. ~~~ ", •'" . United States Department of Justice .-._-.. _..... I Washington, D. C. 20531 f f 'I • • I, i I:, , · . /' STATE OF iKANSAS CHIEF JUSTICE Richard B. Adkisson JUDICIAL DEPARTMENT EXECUTIVE SECRETARY Bob Lowery JUSTICE BUILDING 371-2295 LITTLE ROCK 7220 I ~ 0 ru, n Honorable Richard B. -
Judicial Department of Arkansas
If you have issues viewing or accessing this file contact us at NCJRS.gov. ELEVENTH ANNUAL REPORT, .. ' .~~ .... ·.c--·'~~·-:-·I i ".' .... · ... .,. I ~-=-' . .::.-...... n:::e;nG;:::ACt:I:w=a: _~,_.~~- .-"~ JUDICIAL DEPARTMENT OF ARKANSAS 975 JUDICIAL STATISTICS Compiled By The Office of EXECUTIVE SECRETARY ELEVENTH ANNUAL REPORT JUDICIAL DEPARTMENT OF ARKANSAS NCJRS M~'( ~ 5 1979 1975 JUDICIAL STATISTICS Compiled By The Office of EXECUTIVE SECRETARY "To be effective, judicial administration must not be leadfooted." Frankfurter, J. Cobbledick v. United States, 309 U.S. 323, at 325 (1940) iii CHIEF' JUSTICE CARLETON HARRIS EXECUTIVE SECRETARY C. R. HUIE COURT PLANNER 150'.3715.700' STATE OF ARKANSAS LARRY JEGLEY 150'·37'·22915 DEPUTY EXECUTIVE SECRETARY JUDICIAL DEPARTMENT RESEARCH COORDINATOR JACK JARRETT JEAN LANGFORD 150'·37'·22915 JUSTICE BUILDING 501.37'·22915 CHIEF. A"'ALYTICAL SERVICES INTER·AGENCY COORDINATOR JIM ~IENDERSON LITTLE ROCK 72201 TIM MASSANELLI 1501·371·22915 50'.371·22915 To the Honorable, the Chief Justice of the Supreme Court of Arkansas,; For its Bleventh Annual Report the office of Executive Secretary of the Judicial Department submits her.ewith a report of the activities of the courts of Arkansas and statistical data covering the calendar year 1975 together with comparative data of previous years. It is hoped that the contents of the report will be of value to you in making policy decisions as Administrative Director of Arkansas courts, and of assist~nce to the executive and legislative branches of the government in their deliberations. Respectfully, --/J~L vL-cS C. R. Huie Executive Secretary v SUPREME COURT OF ARKANSAS LITTLE ROCK CARLETON HARRIS To the Honorable David Pryor, Governor and Members of the seventieth General Assembly Submitted herewith is the Eleventh Annual Report of the Executive Secretary of the Judicial Department of Arkansas. -
2017 Last Chance Cle No Late Fee
2017 LAST CHANCE CLE NO LATE FEE. NO NON‐MEMBER FEE. NO HASSLE. El Dorado - June 29, 2017 El Dorado Conference Center · 311 S. West Avenue · El Dorado 2017 Last Chance CLE Pulaski County Bar Association Thursday, June 29, 2017 Seminar Schedule 2017 Last Chance CLE Thursday, June 29, 2017 8:00 a.m. - 8:30 a.m.……………………..…………………….…...…Registration/Coffee and Danish 8:30 a.m. - 9:30 a.m.…………………………………………………………………Legislative Update Matthew Shepherd, Arkansas State Representative 9:30 a.m. - 10:30 a.m.……….....No Longer Mixing Apples and Oranges: A Guide to the New Act 3 Mental Evaluation Laws Bettina Brownstein, Cooperating Attorney, ACLU of Arkansas 10:30 a.m. - 10:45 a.m.……………………………….……………....……………………………..Break 10:45 a.m. - 11:45 a.m.…………....................................Admission and Exclusion of Unique Evidence and Ethical Considerations John Thomas Shepherd, Shepherd & Shepherd PA 11:45 a.m. - 1:00 p.m.………………………………..…………………………..Lunch (On Your Own) 1:00 p.m. - 2:00 p.m.………………………………..............................The Three Stages of Mediation Jimmy Lawson, Hamlin Dispute Resolution LLC 2:00 p.m. - 3:00 p.m.……....Cybercrimes: Protecting our Children Through Online Investigations Will Jones, Arkansas Attorney General's Office 3:00 p.m. - 3:15 p.m………………………………………………………………………………..Break 3:15 p.m. - 4:15 p.m...............Ethics in Arkansas: A Year in Review and a Glimpse into the Future Michael Harmon, Deputy Director, Office of Professional Conduct 4:15 p.m.………………………………..………….………...…………………………………..Adjourn Table of Contents 2017 Last Chance CLE Thursday, -
Annual Report 2018
Administrative Office of the Courts 1 Annual Report 2018 Annual Report OF THE ARKANSAS JUDICIARY 2018 Administrative Office of the Courts 2 Annual Report 2018 In This Report Chief Justice’s Message 1 Letter from the Director 2 Court Structure 3 About the Data 4 Arkansas Supreme Court 5 Court of Appeals 8 Appeals on Wheels 11 Boards and Committees 12 Funding the Judiciary 15 Administrative Office of the Courts 16 Judicial Council 22 Courts of General Jurisdiction 23 Arkansas Judicial Circuits 25 Limited Jurisdiction Courts 90 State District Judges 95 Local District Judges 98 Specialty Courts 100 In Memorium 103 Administrative Office of the Courts 1 Annual Report 2018 From The Chief Justice My fellow Arkansans, Keeping in mind our Vision Statement that the Arkansas Judiciary will embody integrity, transparency, and accountability to the public, which it serves, I am excited and pleased to introduce the 2018 Annual Report. The Annual Report is designed to bring even more transparency to the People of Arkansas and highlights the essential efforts of all the state’s courts in administering justice this past year. As in years past, statistics, data, and other information that demonstrate the courts’ extraordinary dedication can be found in these pages. For the first time, Arkansas has a long-term, strategic plan for the judiciary. The Strategic Planning Committee worked tirelessly to establish a vision for what Arkansas courts may – indeed must – become over the next few years. In some ways, the material presented in this year’s annual report can be used in future editions to evaluate our courts’ progress toward the six goals presented in the Strategic Plan. -
Arkansas Juvenile Courts: Do Lay Judges Satisfy Due Process in Delinquency Cases
University of Arkansas at Little Rock Law Review Volume 6 Issue 4 Article 2 1983 Arkansas Juvenile Courts: Do Lay Judges Satisfy Due Process in Delinquency Cases Paula J. Casey Follow this and additional works at: https://lawrepository.ualr.edu/lawreview Part of the Fourteenth Amendment Commons, and the Juvenile Law Commons Recommended Citation Paula J. Casey, Arkansas Juvenile Courts: Do Lay Judges Satisfy Due Process in Delinquency Cases, 6 U. ARK. LITTLE ROCK L. REV. 501 (1983). Available at: https://lawrepository.ualr.edu/lawreview/vol6/iss4/2 This Article is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in University of Arkansas at Little Rock Law Review by an authorized editor of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. ARKANSAS JUVENILE COURTS: DO LAY JUDGES SATISFY DUE PROCESS IN DELINQUENCY CASES? Paula J. Casey* INTRODUCTION A separate criminal jurisprudence for children was unheard of until the twentieth century. Prior to the creation of juvenile courts at the beginning of this century, children who were charged with crimes were subjected to adult criminal proceedings. The belief that the causes of delinquency could be predicted and treated so as to prevent deviant behavior in children fostered reforms in the applica- tion of criminal law to juveniles.' These reforms eventually resulted in the creation of juvenile courts.' The first juvenile courts resem- bled social agencies and were designed to protect and rehabilitate rather than punish juveniles who were charged with crimes. Juve- nile proceedings, which were not structured as adversarial proceed- ings, were often summary and informal with juveniles forfeiting due process safeguards.' There was little need for a juvenile court judge to be trained in the law.