Professor Anna Williams Shavers
Office: 215 Law College
472-2194; email-ASHAVERS1@unl.edu
For our first day of class, prepare for discussion the Strawbridge
case and accompanying material on pages 5-6 of the Shavers' Supplemental
Materials. The material in Chapter 1 of the Freer- Perdue text
may be helpful to your understanding the nature of Civil Procedure.
You will not be expected to discuss this material in class.
You should begin reading The Buffalo Creek Disaster and finish
it as soon as possible.
REQUIRED MATERIALS
Your required texts are the Civil Procedure: Cases, Materials, and Questions, 2nd Edition by Richard D. Freer and Wendy Collins Perdue (Text); Cound, Friedenthal, Miller and Sexton's -1999 Civil Procedure Supplement by John J. Cound, Jack H. Friedenthal, Arthur R. Miller and John E. Sexton; Stern, Buffalo Creek Disaster; the Shavers Supplemental Materials(Fall 2000); and Nebraska Statutory Supplement (Fall 2000).
The Text has Notes and Questions that follow the assigned cases. I suggest that you carefully consider this material in connection with the assigned cases.
CLASS RULES
1. Email and Web Access-
Each of you must send me a message using your Law College email
account (or your account of choice) by September 11, 2000. If
you use an account other than the Law College account, you must
inform the library so that your correct address will be added
to the class list.
The message should be sent to ASHAVERS1@unl.edu The purpose
of the message is to assure me that all of you know how to access
the system. It is my intention to use email to send instructions
to the class from time to time. In addition, you can use email
to address questions to me regarding material that we have discussed
in class but which you feel needs further explanation. These questions
will be received by the entire class. My responses will generally
be sent to the entire class.
If there is some reason that you do not want the question or comment
sent to the entire class, let me know. I will allow this until
I find that it is for some reason (to be determined by me) no
longer acceptable. I reserve the right to share my response with
the entire class (even though I will not identify the source of
the question).
I have created a web page for the class. You can find it at http://www.unl.edu/ashavers/civproc.htm
. You will find links that will be relevant to our class discussions
as the year progresses. You will also find a link to a "Problems
and Discussion Forum " . This link will take you to the password
protected area that I have created to handle various problems,
discussions and sample exam questions, etc. You will find instructions
for entering the this area on the class web page
You may find that it is more helpful to use the discussion forum
rather than email to engage in a discussion with your fellow classmates.
If you do not have personal access to a computer for email or internet access, or if it is more convenient, you have access available through computers located in the law college. Please see a librarian for assistance.
2. Tape recorders - Tape recorders are not permitted in class. You may request permission to use a tape recorder where special circumstances exist.
3. Computers in Class - I have no objection to the use or laptop/notebook computers in class. However, if they become distractive to other students, we will need to designate a special section of the class for computer users. There are a limited number of outlets available in the classroom.
4. Office Hours - I have no special office hours. I have an open door policy (even if its closed). Feel free to come and see me at anytime.
For the examination you will be permitted to use the Required Materials and any other handouts that I give you. You may write anything you want in the Required Materials. You will be permitted to use your notes and outlines prepared by you (or in which you had substantial participation in preparing). You will not be permitted to use any old examinations, other commercially published materials or photocopies of prohibited materials.
1. Glannon, Civil Procedure 3rd Ed.(1997), Park & McFarland, Computer-Aided Exercises on Civil Procedure, and Shreve & Raven-Hansen, Understanding Civil Procedure -- these are excellent, readable supplements for the course. They are in the bookstore because I recommend them over the other available study aids. They are also available on reserve at the Library Desk. They are OPTIONAL materials for the course.
2. Hornbooks -- On reserve at Library Desk
3. Multi-Volume Treatises -- In Library Stacks
4. Specialized Case Reporter -- In Library with Federal Reporters
Federal Rules Service, 1st, 2nd, 3rd ( KF8830.1 .F43)
5. Computer Research Materials --
[You will be receiving training on these resources as the year progresses]
WESTLAW - various databases, refer to WestSearches: Queries on Civil Litigation; WEST CD-ROM - Federal Civil Practice Library (contains some of the above-listed reference materials); LEXIS - various databases
|
|
|
Text | Supplements |
| Assignment #1 | Strawbridge v. Curtiss, Article III and 28 USC § 1332 | Shavers pp.5-6 | |
| Assignment #2 | Strawbridge continued; Chapter 1-An overview of the procedural system | pp.1-23 |
Shavers p. 7 Neb. 1-2 (Article V) , 7 (§24-201) |
| Assignment #3 | Buffalo Creek Disaster | ||
| Showing of "A Civil Action" -- Friday, August 27th, 1:15-4:00 Room 110-- Required Attendance | |||
| Assignment #4 |
Chapter 2 - Personal Jurisdiction Pennoyer v. Neff |
pp.25-37 | |
| Assignment #5 | Hess v. Pawloski | pp. 37-41 | |
| Assignment #6 | Modern Era - International Shoe Co. v. Washington | pp. 42-49 | |
| Assignment #7 |
Specific Jurisdiction, Due Process and Long-Arm Statutes McGee, Hanson and Gray |
pp.49-52 | |
| Assignment #8 | World-Wide Volkswagen v. Woodson | pp.53-67 | |
| Assignment #9 | Personal Jurisdiction in Federal Court | pp 67-72 | |
| Assignment #10 | Burger King v. Rudzewicz | pp 72-87 | |
| Assignment #11 | Asahi Metal Industry Co. v. Superior Court | pp 87-95 | |
| Assignment #12 |
General Jurisdiction Helicopteros Nacionales de Colombia, S.A. v. Hall Perkins v. Benquet |
pp. 95-105 | |
| Assignment #13 |
Other Jurisdiction Considerations -Consent |
pp. 105-106 | |
| Assignment #14 |
-Power over Property Shaffer v. Heitner |
pp. 106-121 | |
| Assignment #15 |
-Transient Presence Burnham v. Superior Court of California |
pp. 121-136 | |
| Assignment #16 |
Other Approaches - -A different perspective -Other Countries |
pp. 136-140 | |
| Assignment #17 | Statutory Limits on Personal Jurisdiction | pp. 140-148 | Shavers Supp. p. 33 |
| Assignment #18 | Personal Jurisdiction in Nebraska | Shavers Supp. pp.29-31,34-35 ;Neb. Supp. 17-23(§§25-501 thru 25-542) | |
| Assignment #19 | Nebraska, con't | Shavers Supp. 37-47 | |
| Assignment #20 |
Chapter 3 - Notice and Opportunity to Be Heard Mullane v. Central Hanover Bank |
pp. 149-158 | |
| Assignment #21 | -The Mechanics: Statutory Requirements | pp. 158-167 | Cound Supp. (Rule 4) |
| Assignment #22 |
Opportunity to Be Heard Connecticut v. Doehr |
pp. 167-183 | Shavers p. 49 |
| Assignment #23 | Statutes of Limitations | Shavers pp. 48; 50-53 |