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When Torts Met Civil Procedure: A Curricular Coupling, Laura G. Dooley, Brigham A. Fordham, Ann E. Woodley Jan 2017

When Torts Met Civil Procedure: A Curricular Coupling, Laura G. Dooley, Brigham A. Fordham, Ann E. Woodley

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Law students must become adept at understanding how various bodies of law interact-supporting, balancing, and even conflicting with each other. This article describes an attempt to achieve these goals by merging two canonical first-year courses, civil procedure and torts, into an integrated class titled ‘Introduction to Civil Litigation’. Our most pressing motivation was concern that students who study civil procedure and torts in isolation develop a skewed, unrealistic view of how law works in the real world. By combining these courses, we hoped to teach students early in their careers to approach problems more like practicing lawyers, who must deal ...


Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves Jan 2012

Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves

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Court litigation over the existence or validity of arbitration agreements is a major threat to the efficacy of international commercial arbitration. While New York Convention Article II(3) requires a court to “refer the parties to arbitration” when faced with a valid and effective arbitration agreement, it fails to provide any guidance with respect to the process for answering that question, thus leaving the issue to national law. A recalcitrant respondent may, therefore, have a variety of options for court challenges—based on a disparate array of national laws—in seeking to delay or at least complicate any claims subject ...


Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves Jan 2012

Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves

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Court litigation over the existence or validity of arbitration agreements is a major threat to the efficacy of international commercial arbitration. While New York Convention Article II(3) requires a court to “refer the parties to arbitration” when faced with a valid and effective arbitration agreement, it fails to provide any guidance with respect to the process for answering that question, thus leaving the issue to national law. A recalcitrant respondent may, therefore, have a variety of options for court challenges—based on a disparate array of national laws—in seeking to delay or at least complicate any claims subject ...


"It's Not About The Money!": A Theory On Misconceptions Of Plaintiffs' Litigation Aims, Tamara Relis Jan 2007

"It's Not About The Money!": A Theory On Misconceptions Of Plaintiffs' Litigation Aims, Tamara Relis

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This Article examines from a new angle a long-standing debate on a central question of the legal system: why plaintiffs sue and what they seek from litigation. Legal research has documented various extra-legal aims or non-economic agendas of plaintiffs who commence legal proceedings for various case-types. However, current debates have failed to address this issue in depth from the perspectives of plaintiffs themselves, subsequent to lawyers conditioning them on legal system realities and translating their disputes into legally cognizable compartments. Nor have understandings of plaintiffs' aims been examined from the perspectives of defense lawyers. These are significant gaps in the ...


Civil Litigation From Litigants' Perspectives: What We Know And What We Don't Know About The Litigation Experience Of Individual Litigants, Tamara Relis Jan 2002

Civil Litigation From Litigants' Perspectives: What We Know And What We Don't Know About The Litigation Experience Of Individual Litigants, Tamara Relis

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This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the litigants. What does litigation mean for those who are directly embroiled and whose lives may consequently be radically transformed? Serious lacunas exist. However, extensive readings worldwide throughout the research process result in a stark elucidation of an overlooked, yet crucially important and somewhat egregious state of affairs, making surprisingly clear just how pernicious litigation is for the average 'nonrepeat player'.


Fundamentals Of Section 1983 Litigation, Martin A. Schwartz Jan 2001

Fundamentals Of Section 1983 Litigation, Martin A. Schwartz

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No abstract provided.


Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin Jan 2001

Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin

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No abstract provided.


Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky Jan 2000

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

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No abstract provided.


Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin Jan 2000

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

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No abstract provided.


Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz Jan 1999

Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz

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No abstract provided.


Supreme Court Section 1983 Developments, Martin A. Schwartz Jan 1999

Supreme Court Section 1983 Developments, Martin A. Schwartz

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No abstract provided.


Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz Jan 1999

Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz

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No abstract provided.


Section 1983 Litigation, Martin A. Schwartz Jan 1995

Section 1983 Litigation, Martin A. Schwartz

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No abstract provided.


The Eleventh Commandment: Thou Shalt Not Be Compelled To Render The Ineffective Assistance Of Counsel, Richard Klein Jan 1993

The Eleventh Commandment: Thou Shalt Not Be Compelled To Render The Ineffective Assistance Of Counsel, Richard Klein

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No abstract provided.


Introduction (Symposium On Municipal Liability), Patricia E. Salkin Jan 1993

Introduction (Symposium On Municipal Liability), Patricia E. Salkin

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No abstract provided.


Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver Jan 1991

Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver

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Professor Silver advocates recognition of an inherent judicial power to send or authorize notice of pending litigation to potentially interested persons with unfiled claims. Recognizing such a judicial power is consistent with recent legal developments establishing a role for judges in expediting and managing federal litigation. Although the Federal Rules of Civil Procedure only explicitly provide for notice to potential parties in Rule 23 class action litigation, Professor Silver demonstrates that a more general judicial power to notify putative plaintiffs is consistent with the federal rules and the Constitution. She also shows that the first amendment values support a judicial ...


Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman Jan 1991

Section 1983, Martin A. Schwartz, George Pratt, Leon Friedman

Scholarly Works

No abstract provided.


Section 1983, Martin A. Schwartz, Leon Lazer, George Pratt, Leon Friedman Jan 1989

Section 1983, Martin A. Schwartz, Leon Lazer, George Pratt, Leon Friedman

Scholarly Works

No abstract provided.