This Comment explores the history of Rule 12(d), describes courts’ varying uses of the exception, and proposes a unifying method of interpretation for the future. Drawing on other procedural rules and an analogous doctrine in contract law, it argues that only unmistakably referenced written instruments may be incorporated.
Civil procedure serves a multitude of goals, from regulating the cost of fact gathering to dictating the rules of advocacy in court to promoting public participation in trials. To what extent can procedural design serve them all, or must rules sacrifice some interests to serve others? In this Article, we are the first to introduce a theory of procedural design that answers this question.
The Pueblo of Pojoaque is a Native American tribe in northern New Mexico. Its reservation has a population of 2,712, and, like many tribes, the Pueblo of Pojoaque operates multiple casinos and resorts.
Class actions, brought on an opt-out basis under Federal Rule of Civil Procedure 23(b)(3) and state analogues, are highly controversial.
By 1976, Congress recognized that foreign states and their business enterprises were common participants in the global economy, often transacting with US citizens. It further recognized that there were no uniform or comprehensive rules governing when and how private parties could bring suit against those foreign governments in the courts of the United States.
Under the False Claims Act (FCA), blowing the whistle can pay—and it can sometimes pay a lot. A successful whistleblower, even one who helped submit false claims to the government, can earn millions for turning their coconspirators in.
