Texas Archival Resources Online

TABLE OF CONTENTS


Collection Summary

Historical Background

Contents of the Collection

Arrangement of the Collection

Restrictions

Index Terms

Related Material

Administrative Information

Description of Series

Project Documentation

Research -- Articles

Research -- Hearings, Court Records, Government Documents

Research -- Reports and Books

University of Texas, Tarlton Law Library

Guide to the John P. Frank Papers on Rule 11 of the Federal Rules of Civil Procedure, 1991-1998



Collection Summary

Creator: Frank, John P. (John Paul), 1917-2002.
Title: John P. Frank Papers on Rule 11 of the Federal Rules of Civil Procedure
Dates: 1991-1998
Abstract: The collection consists of correspondence, drafts, research materials, position papers, and publications relating to the revision of Rule 11 of the Federal Rule of Civil Procedure 11.
Identification: 00025
Size: 2.5 linear ft.
Language: English
Repository: Special Collections, Tarlton Law Library, The University of Texas at Austin,
727 E. Dean Keeton St., Austin, TX 78705-3224, (512) 471-7263

Historical Background

John P. Frank, a noted attorney and constitutional scholar, was born in 1917. He received his LL.B. at the University of Wisconsin, and his J.S.D. from Yale University. He was law clerk to Justice Hugo L. Black at the October, 1942 term, among other prominent positions. He taught law from 1946 to 1954 at Indiana and Yale Universities. He has authored 12 books on the Supreme Court, the Constitution and constitutional law. A senior partner with the Phoenix firm of Lewis and Roca, which he joined in 1954, Frank was lead counsel on the ground-breaking Miranda v. Arizona case, and served as counsel to Anita Hill during the Clarence Thomas confirmation hearings. While serving on the Committee on Rules of Civil Procedure, Frank led a group that worked on drafting revisions to Rule 11 attorney sanctions. Frank also served from 1960 to 1970 on the Advisory Committee of Civil Procedure of the Judicial Conference of the United States.

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Contents of the Collection

The collection consists of correspondence, drafts, research materials, position papers, and publications relating to the revision of Rule 11 of the Federal Rule of Civil Procedure 11.

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Arrangement of the Collection

The collection is arranged into four series:
Project Documentation
Research -- Articles
Research -- Hearings, Court Records, Government Documents
Research -- Reports and Books

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Restrictions

Access Restrictions

None.

Use Restrictions

The collection and any reproductions of the collection are made available for the purposes of private study, scholarship, and research only.

Tarlton Law Library does not hold the copyright to the materials, unless it has been transferred to the library by the creator. It is the researcher's responsibility to determine the copyright status and to obtain permission from the copyright holder before publishing any materials from the collection.

Some collections may contain sensitive or confidential information protected under federal and state privacy laws. The researchers are encouraged to report any such information to staff.

The University of Texas at Austin is not responsible for violations of intellectual property rights and any other laws or for liability to any person for defamation or invasion of privacy that result from unauthorized use of the collection by the researcher.

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Index Terms

Subjects (Persons)
Frank, John P. (John Paul), 1917-2002
Subjects (Organizations)
Judicial Conference of the United States.
Subjects
Federal rules of civil procedure.

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Related Materials

See also John P. Frank Papers on Supreme Court Nominations, Tarlton Law Library, The University of Texas at Austin.

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Administrative Information

Preferred Citation

John P. Frank Papers on Rule 11 of the Federal Rules of Civil Procedure, Tarlton Law Library, The University of Texas at Austin.

Acquisition Information

Collection donated by John P. Frank, 1998.

Processing Information

Processing information not available.

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Detailed Description of the Collection

Project Documentation

box folder
G139 1 Correspondence, 1989
2 Correspondence, Oct.-Dec. 1990
3 Correspondence, Jan.-May 1991
4 Correspondence, June 1991
5 Correspondence, July 1991
6 Correspondence (1 of 2), August 1991
7 Correspondence (2 of 2), August 1991
8 Correspondence (1 of 2), Sept. 1991
9 Correspondence (2 of 2), Sept. 1991
10 Correspondence, Oct. 1991
box folder
G140 1 Correspondence, Nov.-Dec. 1991
2 Correspondence, Jan.-Apr. 1992
3 Correspondence, May 1992
4 Correspondence, June 1992
5 Correspondence, July 1992
6 Correspondence, Aug.-Dec. 1992
7 Correspondence, Jan.-July 1993
8 Correspondence, Aug.-Dec. 1993
9 Correspondence, 1994
box folder
G141 1 Correspondence, 1995-1998
box folder
G144 1 Statements of Legal Organizations (1 of 2), partially thumb-indexed, 1990-1992
2 Statements of Legal Organizations (2 of 2), partially thumb-indexed, 1990-1992
3 John P. Frank: 'The New Rule 11' (1992), Remarks before the 10th Circuit Judicial Conference, Durango, CO; 'The Need to Start Over' (1992), Remarks at the University of Wisconsin Law School, Madison, WI, 1992
4 John P. Frank: 'Bench-Bar Proposal to Revise Civil Procedure Rule 11', typescript and published versions, 1991
5 John P. Frank: 'Proposal to Revise Civil Procedure Rule 11', drafts, 1991
6 Handwritten notes, John P. Frank, undated

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Research -- Articles

box folder
G141 2 Sanctions and Guidelines for Practice under Rule 11 (1988) / ABA Section on Litigation; Sanctions under Amended Federal Rule 11 (1986) / Melissa L. Nelken; The Dynamics of Rule 11 (1986) / Elihu Root; Sanctions under the New Federal Rule 11 (1985) / William W. Schwarzer; A Study of Sanctions for Discovery Abuse (1979) / C. Ronald Ellington, 1979-1988
3 The Scribes Journal of Legal Writing v.1; Rule 11 in the Real World / Mark S. Stein, 1990
4 Merit Selection: The Arizona Experience / Judge John M. Roll, 1990
5 FJC Directions, No.2, Special Issue on Rule 11; Reversing the Trend in Rule 11 Sanctions / Judge Sam D. Johnson, et al; Who is Signing Your Documents? / Jerold S. Solovy, et al; Rule 11: The Road to Amendment / George C. Cochran; Mississippi Law Journal v. 61, no. 1, 1991
6 Of Impure Hearts and Empty Heads / Mark S. Stein; Rule 11 Sanctions in Securities Litigation / Jerold S. Solovy, et al; Rule 11 Recalibrated in Civil Rights Cases / Carl Tobias; Certification and Civil Rights / Carl Tobias; The Politics of Sanctions / Leonard W. Schroeter, 1991
7 Rule 11 Practice in Federal and State Court / George F. Hess; Civil Rights Plaintiffs and the Proposed Revision of Rule 11 / Carl Tobias; Reform the Federal Rules Reformers / Laura A. Kaster & Kenneth A. Wittenberg; Reconsidering Rule 11 / Carl Tobias; The Use and Impact of Rule 11 / Lawrence C. Marshall, et al, 1992
8 The 1993 Revision of Federal Rule 11 / Carl Tobias; Rule 11: Entering a New Era / William W. Schwarzer; Rule 11: Retooled for the Nineties / Jerold S. Solovy, et al, 1994
9 Clippings, 1990-1992

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Research -- Hearings, Court Records, Government Documents

box folder
G143 3 Report compiled for John P. Frank by Deborah M. Fine, including reviews of cases and statistics to support Rule 11 revision, compiled 1990
4 Includes House Documents, and cases from the U.S. Supreme Court, the 5th, 9th, and 11th Circuit Court of Appeals, and U.S. District Court for Northern District of Texas, 1990-1993
5 Transcript of hearing: Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, Advisory Committee on Civil Rules; Oral Statement of John P. Frank to the Standing Committee on Rules of Practice and Procedure, Advisory Committee on Civil Rules (1991), Los Angeles, Feb. 1991

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Research -- Reports and Books

box folder
G142 1 Labor Arbitration: A Dissenting View / Paul R. Hays, 1966
2 Sanctions, Rule 11, and Other Powers / ABA Section of Litigation, 1988
3 The Rule 11 Sanctioning Process / Federal Judicial Center, 1988
4 Report of Special Committee to Consider Sanctions for Frivolous Litigation in New York State Courts / New York State Bar Association, 1990
5 A Century of Service: A Centennial History of the National Conferences of Commissioners on Uniform State Laws / Walter P. Armstrong, Jr., 1991
6 Interim Report of the Committee on Civility of the Seventh Federal Judicial Circuit / Hon. Marvin E. Aspen, Chairman, Apr. 1991
7 Federal Litigation Guide, Chapter 8A: Sanctions / Robert L. Haig, et al, 1991, 1994
8 Legal Education and Professional Development: An Educational Continuum / A Report of the Task Force on Law Schools and the Profession: Narrowing the Gap, ABA Section of Legal Education and Admissions to the Bar, 1992
box folder
G143 1 Awarding Attorneys' Fees and Managing Fee Litigation / Alan Hirsch & Diane Sheehey, Federal Judicial Center, 1994
2 Proposed Long Range Plan for the Federal Courts, Draft for Public Comment / Committee on Long Range Planning, Judicial Conference of the United States, Nov. 1994

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