Safe harbor provision should be preserved
Article Abstract:
Congress should not follow through on its current efforts to remove Rule 11's safe-harbor provision from the Federal Rules of Civil Procedure because it is effective. Valid concerns about some problems with it can be addressed with minor changes. The provision prohibits most penalties for filing a frivolous pleading if the filer withdraws it. However, few critics realize that the court can impose some sanctions, though generally not attorney's fees for the disputant. The safe harbor provision would be eliminated by the Attorney Accountability Act of 1995, which has already passed in the House.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Court declares no trespass; the three branches and the states should go to respective corners
Article Abstract:
The US Supreme Court re-established the parameters of the constitutional separation of powers doctrine in the final decisions of the 1997 spring term. By striking down the Religious Freedom Restoration Act, the Communications Decency Act, and portions of the Brady gun control legislation, the Court renewed the proper role of federalism within the constitutional system. Chief Justice William Rehnquist has long advocated reaffirming the doctrine and appeared to have been instrumental in pushing the Court in this direction. Commerce clauses cases were likely to be a continuing focus in this area.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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IRS should refund excess power to people
Article Abstract:
The US Congress should downsize the IRS and make this agency an example in the quest to have a smaller, less costly and less intrusive government. A simplified tax system would be fairer and easier to manage and might result in less tax evasion. Members of Congress who believe their job is to represent the fundamental rights of citizens will downsize the IRS. If one result is a less efficient bureaucracy, that is a small price to pay for a reclaimed liberty.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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