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
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Guide to the John P. Frank Papers on Rule 11 of the Federal Rules of Civil
Procedure, 1991-1998
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Creator: |
Frank, John P. (John Paul),
1917-2002. |
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Title: |
John P. Frank Papers on Rule 11 of the
Federal Rules of Civil Procedure |
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Dates: | 1991-1998 |
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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. |
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Identification: |
00025 |
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Size: |
2.5 linear ft. |
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Language: |
English |
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Repository: |
Special Collections, Tarlton Law Library,
The University of Texas at Austin,
727 E. Dean Keeton St., Austin, TX 78705-3224, (512) 471-7263 |
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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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 |
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The collection is arranged into four series: |
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Project Documentation |
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Research -- Articles |
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Research -- Hearings, Court Records, Government Documents |
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Research -- Reports and Books |
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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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Subjects (Persons) |
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Frank, John P. (John Paul),
1917-2002 |
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Subjects (Organizations) |
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Judicial Conference of the United
States. |
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Subjects |
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Federal rules of civil procedure. |
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John P. Frank Papers on Rule 11 of the Federal Rules of Civil Procedure, Tarlton Law
Library, The University of Texas at Austin.
Collection donated by John P. Frank, 1998.
Processing information not available.
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Project Documentation |
| box |
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| G139 |
1 |
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Correspondence, 1989 |
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2 |
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Correspondence, Oct.-Dec. 1990 |
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3 |
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Correspondence, Jan.-May 1991 |
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4 |
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Correspondence, June 1991 |
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5 |
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Correspondence, July 1991 |
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6 |
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Correspondence (1 of 2), August 1991 |
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Correspondence (2 of 2), August 1991 |
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Correspondence (1 of 2), Sept. 1991 |
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9 |
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Correspondence (2 of 2), Sept. 1991 |
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10 |
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Correspondence, Oct. 1991 |
| box |
folder |
| G140 |
1 |
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Correspondence, Nov.-Dec. 1991 |
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2 |
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Correspondence, Jan.-Apr. 1992 |
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3 |
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Correspondence, May 1992 |
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4 |
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Correspondence, June 1992 |
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Correspondence, July 1992 |
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6 |
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Correspondence, Aug.-Dec. 1992 |
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7 |
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Correspondence, Jan.-July 1993 |
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8 |
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Correspondence, Aug.-Dec. 1993 |
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9 |
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Correspondence, 1994 |
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folder |
| G141 |
1 |
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Correspondence, 1995-1998 |
| box |
folder |
| G144 |
1 |
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Statements of Legal Organizations (1 of 2), partially
thumb-indexed, 1990-1992 |
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2 |
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Statements of Legal Organizations (2 of 2), partially
thumb-indexed, 1990-1992 |
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3 |
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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 |
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4 |
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John P. Frank: 'Bench-Bar Proposal to Revise Civil Procedure Rule 11',
typescript and published versions, 1991 |
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5 |
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John P. Frank: 'Proposal to Revise Civil Procedure Rule 11',
drafts, 1991 |
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6 |
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Handwritten notes, John P. Frank, undated |
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Research -- Articles |
| box |
folder |
| G141 |
2 |
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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 |
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3 |
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The Scribes Journal of Legal Writing v.1; Rule 11 in the Real World / Mark S.
Stein, 1990 |
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4 |
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Merit Selection: The Arizona Experience / Judge John M. Roll, 1990 |
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5 |
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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 |
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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 |
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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 |
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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 |
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9 |
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Clippings, 1990-1992 |
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Research -- Hearings, Court Records, Government Documents |
| box |
folder |
| G143 |
3 |
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Report compiled for John P. Frank by Deborah M. Fine, including reviews of
cases and statistics to support Rule 11 revision, compiled 1990 |
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4 |
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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 |
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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 |
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Labor Arbitration: A Dissenting View / Paul R. Hays, 1966 |
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Sanctions, Rule 11, and Other Powers / ABA Section of Litigation, 1988 |
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3 |
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The Rule 11 Sanctioning Process / Federal Judicial Center, 1988 |
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Report of Special Committee to Consider Sanctions for Frivolous Litigation in
New York State Courts / New York State Bar Association, 1990 |
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A Century of Service: A Centennial History of the National Conferences of
Commissioners on Uniform State Laws / Walter P. Armstrong, Jr., 1991 |
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6 |
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Interim Report of the Committee on Civility of the Seventh Federal Judicial
Circuit / Hon. Marvin E. Aspen, Chairman, Apr. 1991 |
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Federal Litigation Guide, Chapter 8A: Sanctions / Robert L. Haig, et
al, 1991, 1994 |
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8 |
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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 |
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Awarding Attorneys' Fees and Managing Fee Litigation / Alan Hirsch &
Diane Sheehey, Federal Judicial Center, 1994 |
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2 |
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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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