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Articles 1 - 30 of 46
Full-Text Articles in Law
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers
Faculty Publications
This article begins with a discussion of the development of Noerr-Pennington immunity as it applies to litigation behavior. Parts III and IV describe the litigation in Professional Real Estate Investors and then analyze the effect of this new decision on predatory litigation law. Part V discusses possible ramifications of the case for other areas of federal and state law in which subjective intent is the sole keystone for the imposition of liability on petitioning activity. Because Professional Real Estate Investors interprets the First Amendment to preclude antitrust liability in these cases, other laws that deter bad faith litigation may no …
Presidential Power: Should Bill Clinton Be Immune From Lawsuits On Allegations Of Past Acts?, Susan Low Bloch
Presidential Power: Should Bill Clinton Be Immune From Lawsuits On Allegations Of Past Acts?, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
When former Arkansas state employee Paula Jones filed her complaint against Bill Clinton she joined a small group of women who have publicly accused men in high-profile positions of sexual harassment.
A classic "he said, she said" story? We may never know, if the president is able to argue successfully that his office shields him from liability for actions occurring prior to assuming it. On June 27, his lawyer, Robert Bennett, asked a federal court to delay action, and said he would be filing a separate motion in August on the issue.
The defense is based on the 1982 case …
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Logic And The Common Law Trial, Richard H. Underwood
Logic And The Common Law Trial, Richard H. Underwood
Law Faculty Scholarly Articles
In this article, the author explores some of the inconsistencies between logic and the practice of law. The article draws together numerous anecdotes and examples of situations in which common sense was rejected or ignored in the name of legal procedure. The article focuses on various argument styles employed by lawyers.
"Presumptions And Burdens Of Proof As Tools For Legal Stability And Change, Tamar Frankel
"Presumptions And Burdens Of Proof As Tools For Legal Stability And Change, Tamar Frankel
Faculty Scholarship
Presumptions and burdens of proof are used, among other purposes, to maintain legal stability and at the same time effect change. By imposing the burden of proof on the party asserting a certain outcome, courts can calibrate burdens of proof and substantive rules until experience points to rule retention or amendment. As agents of change, presumptions and burdens of proof are far more flexible and less brittle than rules.1
This Article tells the story of presumptions and burdens of proof in litigation between corporate shareholders and managements. This litigation is replete with volatile presumptions and innovative burdens of proof, …
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
11 pages.
Contains 3 pages of references.
Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla
Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
25 pages (includes 1 map).
Contains footnotes.
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
43 pages.
Contains references.
Takings And Water Rights [Includes Unsigned Annotations By David Getches], David H. Getches
Takings And Water Rights [Includes Unsigned Annotations By David Getches], David H. Getches
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
13 pages (includes 1 illustration).
Includes unsigned annotations by David Getches.
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Contains footnotes.
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
42 pages (includes illustrations and map).
Contains endnotes.
Mining Regulation And Takings, L. Thomas Galloway
Mining Regulation And Takings, L. Thomas Galloway
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Mining Regulation(S) And Takings, Lawrence G. Mcbride
Mining Regulation(S) And Takings, Lawrence G. Mcbride
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
12 pages.
Contains footnotes.
The Fifth Amendment And The Retained Sovereignty Doctrine: A Study Of The Endangered Species Act And The Central Valley Project Improvement Act As Applied To Central Valley Project Water Service Contracts, Brian E. Gray
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
12 pages.
Property Rights And Public Resources, Mark L. Pollot
Property Rights And Public Resources, Mark L. Pollot
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
4 pages.
The Endangered Species Act And Constitutional Takings, Robert Meltz
The Endangered Species Act And Constitutional Takings, Robert Meltz
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
18 pages.
Contains references.
Mining Regulation And Takings, Mark Squillace
Mining Regulation And Takings, Mark Squillace
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
10 pages.
Contains footnotes.
Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys
Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
7 pages.
What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy
What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
6 pages.
“Takings” And The Endangered Species Act, Oliver A. Houck
“Takings” And The Endangered Species Act, Oliver A. Houck
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
3 pages.
Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law
Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.
Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.
Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …
The Regulatory Takings Doctrine: A Critical Overview, J. Peter Byrne
The Regulatory Takings Doctrine: A Critical Overview, J. Peter Byrne
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Takings And Retroactivity, Jan G. Laitos
Takings And Retroactivity, Jan G. Laitos
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
25 pages.
Contains references.
Background Principles Of Wetlands Law: The Early History, Fred P. Bosselman
Background Principles Of Wetlands Law: The Early History, Fred P. Bosselman
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Contains 3 pages of references.
City Of Tigard And Takings Law, Richard D. Lazarus
City Of Tigard And Takings Law, Richard D. Lazarus
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
10 pages.
Contains 1 page of references.
Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht
Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
52 pages.
Contains footnotes.
Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler
Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
4 pages.
Perceptions Of Civil Justice: The Litigation Crisis Attitudes Of Civil Jurors, Valerie P. Hans, William S. Lofquist
Perceptions Of Civil Justice: The Litigation Crisis Attitudes Of Civil Jurors, Valerie P. Hans, William S. Lofquist
Cornell Law Faculty Publications
Public perceptions that the civil justice system is in crisis are apparently widespread, but little is known about the causes or correlates of such views. This article analyzes the litigation crisis attitudes of a sample of civil jurors. Like the public, jurors endorsed a number of statements suggesting that there is a litigation crisis. Factor analysis identified two independent components: general concern over excessive litigation, and criticism of the civil jury. Litigation crisis views were found in all demographic and attitudinal subgroups. However, attitudes about the civil justice system were related to the respondent's political efficacy, claims consciousness, belief in …
Pragmatism Applied: Imagining A Solution To The Problem Of Court Congestion, Michael L. Seigel
Pragmatism Applied: Imagining A Solution To The Problem Of Court Congestion, Michael L. Seigel
UF Law Faculty Publications
Can we improve the efficiency of jury trials? If so, would this reduce the problem of court congestion? Is there any reason to favor this approach over those that seek to avoid jury trials altogether?
This Article attempts to answer these difficult questions. It does so by articulating and then employing a methodology suggested by recent scholarly ruminations about the philosophy of pragmatism and its implications for legal scholarship and practice. Although pragmatism does not provide "right answers" to questions of legal doctrine-indeed, it rejects the notion that such things exist-it does provide some guidance in formulating the search for …
Video Depositions, Transcripts And Trials, Henry H. Perritt Jr.
Video Depositions, Transcripts And Trials, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.