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Articles 1 - 30 of 75
Full-Text Articles in Entire DC Network
Constructing Class Action Reality, Debra Lyn Bassett
Constructing Class Action Reality, Debra Lyn Bassett
BYU Law Review
No abstract provided.
Appellate Practice And Procedure, Roland F.L. Hall
Appellate Practice And Procedure, Roland F.L. Hall
Mercer Law Review
This Article surveys decisions addressing appellate law and procedure handed down by the Georgia appellate courts between June 1, 2005 and May 31, 2006. The cases discussed fall within three categories: (1) appellate jurisdiction; (2) preserving the record; and (3) miscellaneous cases of interest.
Trial Practice And Procedure, Bruce P. Brown, Jonathan R. Friedman, Michael R. Boorman, Benjamin J. Vinson
Trial Practice And Procedure, Bruce P. Brown, Jonathan R. Friedman, Michael R. Boorman, Benjamin J. Vinson
Mercer Law Review
This Article surveys noteworthy cases in the field of civil trial practice during the survey period1 by the Georgia Supreme Court and the Georgia Court of Appeals and relevant enactments by the Georgia General Assembly. This Article does not address the related and important topic of evidence, which is addressed in a separate survey. After describing relevant legislation, this Article surveys developments in trial practice in the order that they would be encountered in the typical case: pleadings, discovery, motions practice, juries and jury selection, statements and arguments of counsel, trial motions, jury instructions, and verdict forms.
Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski
Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski
Vanderbilt Law Review
Insurers play a critical role in the civil justice system. By providing liability insurance to parties who would otherwise be untenable as defendants, insurers make litigation possible. Once litigation materializes, insurers provide representation, pay legal fees, and often play a central role in resolving disputes through settlement or adjudication. In this paper, we explore empirically how these key litigation players make important decisions in the litigation process, like evaluating a case, deciding whether to settle, and if so, on what terms. We find that insurers, though not entirely immune to the effects of cognitive illusions that have been shown to …
Reassessing Charitable Immunity In Virginia, Carl Tobias
Reassessing Charitable Immunity In Virginia, Carl Tobias
University of Richmond Law Review
No abstract provided.
The Half-Fairness Of Google's Plan To Make The World's Collection Of Books Searchable, Steven Hetcher
The Half-Fairness Of Google's Plan To Make The World's Collection Of Books Searchable, Steven Hetcher
Michigan Telecommunications & Technology Law Review
Google's major new initiative is to undertake the task of digitizing the world's collection of books so as to make them searchable. The very idea is audacious, but what is more so is that Google plans to copy without first seeking the permission of the owners of these works. Google Print would make available what is, by conventional measures at least, the highest grade of information--books produced by millions of the world's leading scholars. This is in stark contrast to the inconsistent quality spectrum one encounters through other online sources such as peer-to-peer networks and blogs, where there currently exists …
Human Rights Begin At Home: A Policy Analysis Of Litigating International Human Rights In U.S. State Courts, Anna Maria Gabrielidis
Human Rights Begin At Home: A Policy Analysis Of Litigating International Human Rights In U.S. State Courts, Anna Maria Gabrielidis
Buffalo Human Rights Law Review
No abstract provided.
From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Margaret A. Berger, Aaron D. Twerski
From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Margaret A. Berger, Aaron D. Twerski
Michigan Law Review
On the pages of this law review, in an article entitled Uncertainty and Informed Choice: Unmasking Daubert, the authors argued for the recognition of a new product liability cause of action when drug companies fail to warn about uncertain risks attendant to the use of non-therapeutic drugs whose purpose is to enhance lifestyle. We noted that in the post-Daubert era, plaintiffs have faced increasing difficulty in proving that a given toxic agent was causally responsible for the injuries suffered after ingesting a drug. That plaintiffs cannot overcome the barriers to proving injury causation does not mean that defendants have met …
Learning The Wrong Lessons From "An American Tragedy": A Critique Of The Berger-Twerski Informed Choice Proposal, David E. Bernstein
Learning The Wrong Lessons From "An American Tragedy": A Critique Of The Berger-Twerski Informed Choice Proposal, David E. Bernstein
Michigan Law Review
Margaret Berger and Aaron Twerski are among the leading scholars in their respective fields of Evidence and Products Liability. I have benefited from their work on many occasions. Precisely because of the deserved respect and esteem in which Berger and Twerski are held-not to mention the prominence of their forum, the Michigan Law Review-their proposal to create a new "informed choice" cause of action in pharmaceutical litigation is likely to receive sympathetic attention. Because I believe that their proposal is ill-conceived and dangerous, I feel compelled (with some trepidation) to write this response. Berger and Twerski propose that courts recognize …
European Implications Of Bankruptcy Venue Shopping In The U.S., David A. Skeel Jr.
European Implications Of Bankruptcy Venue Shopping In The U.S., David A. Skeel Jr.
Buffalo Law Review
No abstract provided.
Venue Choice: Where The Action Is, William C. Whitford
Venue Choice: Where The Action Is, William C. Whitford
Buffalo Law Review
No abstract provided.
Courting Failure, Lynn M. Lopucki
Class Actions, Thomas M. Byrne
Class Actions, Thomas M. Byrne
Mercer Law Review
After an eventful 2004, in which the Eleventh Circuit Court of Appeals explored in depth the class certification requirements of Rule 23 of the Federal Rules of Civil Procedure, the court's 2005 docket presented more threshold questions concerning whether or not putative class actions could proceed past the pleading stage. The court's most important class action decisions during the year addressed the efficacy of contract provisions designed to preclude class actions in favor of individual arbitration proceedings. This issue is among the most controversial in class action law, as many businesses have turned to using standard arbitration provisions to curtail …
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent
Mercer Law Review
The 2005 survey period yielded several noteworthy decisions relating to federal trial practice and procedure, many of which concerned issues of first impression in the Eleventh Circuit Court of Appeals. This Article analyzes several recent developments in the Eleventh Circuit, including significant rulings in the areas of arbitration, civil procedure, statutory interpretation, personal jurisdiction, subject matter jurisdiction, and other issues of interest to the trial practitioner.
Why Does The Chesapeake Bay Need Litigators?, Jon A. Mueller, Joseph Tannery
Why Does The Chesapeake Bay Need Litigators?, Jon A. Mueller, Joseph Tannery
University of Richmond Law Review
No abstract provided.
Amending Perpetual Conservation Easements: A Case Study Of The Myrtle Grove Controversy, Nancy A. Mclaughlin
Amending Perpetual Conservation Easements: A Case Study Of The Myrtle Grove Controversy, Nancy A. Mclaughlin
University of Richmond Law Review
This article explores the issue of amending perpetual conservation easements by examining the Myrtle Grove controversy, in which the National Trust for Historic Preservation in the United States (the "National Trust")" "conceptually approved" a request made by a successor owner of land encumbered by a perpetual conservation easement to substantially amend the easement. Several months later, as a result of public opposition to the amendments and a reassessment of its position, the National Trust withdrew that approval. The owner of the encumbered land subsequently filed a suit for breach of contract, and the National Trust and the Attorney General of …
Medical Malpractice Litigation And Tort Reform: It's The Incentives, Stupid, David A. Hyman, Charles Silver
Medical Malpractice Litigation And Tort Reform: It's The Incentives, Stupid, David A. Hyman, Charles Silver
Vanderbilt Law Review
Health care providers and tort reformers invariably claim that the medical malpractice litigation system is rife with behaviors that are irrational, unpredictable, and counter-productive. They attack civil juries, asserting that verdicts are skyrocketing without reason, are highly variable, and bear little or no relation to the merits of plaintiffs' claims. They complain about patients, arguing that the few with valid claims sue rarely, while the many who receive non- negligent treatment sue all the time. They attack greedy lawyers, alleging that they rake in obscene profits by routinely filing frivolous complaints. They complain that compensation flows almost randomly, winding up …
Spread Spectrum Is Good-But It Does Not Obsolete Nbc V. U.S.!, Charles Jackson, Raymond Pickholtz, Dale Hatfield
Spread Spectrum Is Good-But It Does Not Obsolete Nbc V. U.S.!, Charles Jackson, Raymond Pickholtz, Dale Hatfield
Federal Communications Law Journal
The Authors criticize recent statements by leading legal commentators suggesting that the development of spread spectrum has eliminated radio interference and helped make the underlying legal foundations for regulating spectrum obsolete. The Authors provide a non-technical explanation of how spread spectrum works and why it does not have the effect of eliminating radio interference. The Authors conclude that new technologies are likely to increase the availability of usable spectrum, but they have not wiped out the problem of interference.
Brand X And The Wireline Broadband Report And Order: The Beginning Of The End Of The Distinction Between Title I And Title Ii Services, J. Steven Rich
Brand X And The Wireline Broadband Report And Order: The Beginning Of The End Of The Distinction Between Title I And Title Ii Services, J. Steven Rich
Federal Communications Law Journal
This Article traces the development of the FCC's distinction between "telecommunications services" subject to common carrier services under Title II of the 1934 Communications Act and "information services" regulated under Title I of the Act from the Computer Inquiry line of cases through the Brand X decision and recent Wireline Broadband Report and Order. The Author pays particular attention to the Brand X decision and the FCC's Wireline Broadband Order and its implications, suggesting that the Order may be subject to reversal when it is challenged in court and proposing how the Commission might react to a reversal. The Author …
A Taxonomy Of Obesity Litigation, Theodore H. Frank
A Taxonomy Of Obesity Litigation, Theodore H. Frank
University of Arkansas at Little Rock Law Review
No abstract provided.
Setting The Stage For Public Health: The Role Of Litigation In Controlling Obesity, Jason A. Smith
Setting The Stage For Public Health: The Role Of Litigation In Controlling Obesity, Jason A. Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm
Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm
University of Richmond Law Review
No abstract provided.
Masthead, Jtaa Editors
Masthead, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
What Would Make Atticus Finch Flinch?, Robert Westley
What Would Make Atticus Finch Flinch?, Robert Westley
Florida A & M University Law Review
No abstract provided.
Front Matter, Jtaa Editors
Front Matter, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Table Of Contents, Jtaa Editors
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Editor's Note, Marina Moriarty
Editor's Note, Marina Moriarty
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Trial Objections: The Way Of Advocacy, Latour Lafferty
Trial Objections: The Way Of Advocacy, Latour Lafferty
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Litigating Land Use In Massachusetts: Defining Municipalities' Legitimate Use Of Rate Of Development Restrictions, Janelle M. Austin
Litigating Land Use In Massachusetts: Defining Municipalities' Legitimate Use Of Rate Of Development Restrictions, Janelle M. Austin
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Expert Handwriting Testimony: Is The Writing Really On The Wall, Simone Ling Francini
Expert Handwriting Testimony: Is The Writing Really On The Wall, Simone Ling Francini
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.