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Full-Text Articles in Law
Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster: Hunting The Sexual Predator With Silver Bullets -- Federal Rules Of Evidence 413-415 -- And A Stake Through The Heart -- Kansas V. Hendricks, Joelle A. Moreno
Faculty Publications
No abstract provided.
Discovery In International Legal Developments Year In Review: 1996, Christopher J. Borgen
Discovery In International Legal Developments Year In Review: 1996, Christopher J. Borgen
Faculty Publications
American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-83, and Federal Rule of Civil Procedure (FRCP or Rule) 28(b). Broadly speaking, these rules are concerned with the mechanics of assessing requests for discovery in the United States to assist a proceeding in a foreign country and attempts by one or more parties before a U.S. court to obtain evidence located in another country. This article serves as a brief review of developments during the year.
Class Action Chaos? The Theory Of The Core And An Analysis Of Opt-Out Rights In Mass Tort Class Actions, Michael A. Perino
Class Action Chaos? The Theory Of The Core And An Analysis Of Opt-Out Rights In Mass Tort Class Actions, Michael A. Perino
Faculty Publications
From breast implants to cigarettes, mass tort class actions are a prominent and controversial part of the contemporary litigation landscape. A critical component of these actions is the ability of class members to “opt out” and thereby exclude themselves from the effect of any class judgment. The tension between individual autonomy and the desire for global resolution of mass controversies has led to an intense debate concerning the circumstances under which opt-out rights should be constrained, if at all.
This Article makes five distinct contributions to the class action literature. First, the Article applies the game theoretic concept of the …