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Publication Date

7-1991

Document Type

Survey Article

Abstract

If "[t]he history of liberty has largely been the history of the observance of procedural safeguards," then 1990 should be regarded as a fine year in the history of liberty. In this year's rulings, the Eleventh Circuit required the district courts to scrutinize in forma pauperis complaints carefully before dismissing them as frivolous and demanded that pro se parties receive express written notice that they must file affidavits in response to a motion for summary judgment. The Eleventh Circuit was also unusually receptive this year to claims by nonresident defendants that the court's exercise of personal jurisdiction over them would violate due process. However, in apparent acknowledgment that too much procedure may be liberty's enemy, the Eleventh Circuit upheld district court decisions limiting the scope of discovery and limiting the types of issues that can be raised in an action to confirm an arbitration award.

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