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Full-Text Articles in Law

Remedies: A Guide For The Perplexed, Doug Rendleman Sep 2015

Remedies: A Guide For The Perplexed, Doug Rendleman

Doug Rendleman

Remedies is one of a law student’s most practical courses. Remedies students and their professors learn to work with their eyes on the question at the end of litigation: what can the court do for the successful plaintiff? Remedies develops students’ professional identities and broadens their professional horizons by reorganizing their analysis of procedure, torts, contracts, and property around choosing and measuring relief - compensatory damages, punitive damages, an injunction, specific performance, disgorgement, and restitution. This article discusses the law-school course in Remedies - the content of the Remedies course, the Remedies classroom experience, and Remedies outside the classroom through …


Evidence In Context: A Trial Evidence Workbook, James Seckinger, Robert Burns, Steven Lubet Jun 2015

Evidence In Context: A Trial Evidence Workbook, James Seckinger, Robert Burns, Steven Lubet

James H. Seckinger

No abstract provided.


Dixon V. Providential Life Insurance Co.: Technology Case File, James Seckinger, Frank Rothschild, Edward Stein Jun 2015

Dixon V. Providential Life Insurance Co.: Technology Case File, James Seckinger, Frank Rothschild, Edward Stein

James H. Seckinger

No abstract provided.


Potter V. Shrackle And The Shrackle Construction Company Case File, Kenneth Broun, Frank Rothschild., James Seckinger Jun 2015

Potter V. Shrackle And The Shrackle Construction Company Case File, Kenneth Broun, Frank Rothschild., James Seckinger

James H. Seckinger

The problems in this book are intended to simulate realistic courtroom situations. Advance preparation is essential to their successful utilization as instructional materials.


Complex Litigation: Problems In Advanced Civil Procedure, Jay Tidmarsh, Roger Trangsrud. Apr 2015

Complex Litigation: Problems In Advanced Civil Procedure, Jay Tidmarsh, Roger Trangsrud.

Jay Tidmarsh

Offers concepts of and insights into the forms and functions of complex litigation issues, including their implications. Helps students in such courses to review and study, as well as serves as a reference book for students once they are in practice.


Sanctions Imposable For Violations Of The Federal Rules Of Civil Procedure, Kenneth Ripple, Robert Rodes, Carol Mooney, Robert Rodes Apr 2015

Sanctions Imposable For Violations Of The Federal Rules Of Civil Procedure, Kenneth Ripple, Robert Rodes, Carol Mooney, Robert Rodes

Robert Rodes

This 1981 Federal Judicial Center paper surveys the current state of the law with respect to sanctions for violations of the Federal Rules of Civil Procedure as reported in both the case law and the secondary literature. The focus is on litigation behavior that results in the imposition of sanctions and the factors considered important by federal courts in determining which sanctions to apply.


"Just A Bit Outside!": Proportionality In Federal Discovery And The Institutional Capacity Of The Federal Courts, Bernadette Bollas Genetin Jan 2015

"Just A Bit Outside!": Proportionality In Federal Discovery And The Institutional Capacity Of The Federal Courts, Bernadette Bollas Genetin

Bernadette Bollas Genetin

This Article focuses on pending amendments to Rule 26(b)(1), the scope-of-discovery provision in the Federal Rules of Civil Procedure. Proposed Rule 26(b)(1) would authorize parties to obtain discovery of “any non-privileged matter that is relevant to any party’s claim or defense” if that information is also “proportional to the needs of the case,” based on enumerated proportionality factors – “the importance of the issues at state in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the …


Mandatory Process, Matthew Lawrence Dec 2014

Mandatory Process, Matthew Lawrence

Matthew B. Lawrence

This Article suggests that people tend to undervalue their procedural rights — their proverbial “day in court” — until they are actually involved in a dispute. The Article argues that the inherent, outcome-independent value of participating in a dispute resolution process comes largely from its power to soothe a person’s grievance — their perception of unfairness and accompanying negative emotional reaction — win or lose. But a tendency to assume unchanging emotional states, known in behavioral economics as projection bias, can prevent people from anticipating that they might become aggrieved and from appreciating the grievance-soothing power of process. When this …