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- Title
Are an Empty Head and a Pure Heart Enough? Mens Rea Standards for Judge-Imposed Rule 11 Sanctions and Their Effects on Attorney Action.
- Authors
Dunlop, Sybil Louise
- Abstract
The article examines the standards of criminal intent for judge-imposed Federal Rule of Civil Procedure 11 authorities and its causation on Attorney's action. It explores the history of Rule 11 and highlights on the struggle of the Advisory Committee to formulate the Rule's standards for liability. It examines the interpretations of the liability standards for judge-initiated sanctions proceedings of the Second Circuit. It also argues that Rule 11 should draw on the recent tort law studies, wherein legal rules can effectively dissuade negligence. Moreover, the article notes that the Advisory Committee has never formulated Rule 11's liability standards sufficiently, from its formation, through the 1993 amendments.
- Subjects
UNITED States; CIVIL procedure; LAWYERS; LEGAL liability; GUILT (Law); LEGAL professions; CRIMINAL intent; APPELLATE procedure; JUSTICE administration; ADVERSARY system (Law)
- Publication
Vanderbilt Law Review, 2008, Vol 61, Issue 2, p615
- ISSN
0042-2533
- Publication type
Article