Law Commons^™

Trial Practice And Procedure, David A. Forehand Jr., Ken M. Nimmons

Mercer Law Review

Because the trial of a lawsuit is often, by its very nature, as dramatic as a Shakespearean production, the trial lawyer must assume the roles of writer, actor, and director. He must indulge himself in the effusions of forensic eloquence, "reason with the accuracy and power of the trained logician, and enforce his cause with all the inspirations of genius," and ultimately persuade a jury to his cause. In attempting to set the stage for a successful conclusion to the drama of trial, the trial lawyer must adhere to the rules of trial practice and procedure. While the authors of …

Litigation, C. Oshiro

California Regulatory Law Reporter

No abstract provided.

The Use Of Risk Assessment Evidence To Prove Increased Risk And Alternative Causation In Toxic Tort Litigation, Michael S. Baram

Faculty Scholarship

Due to the difficulties of proving causation in most toxic tort suits, plaintiffs and defendants in toxic tort litigation have begun to develop and use scientifically sophisticated risk assessments as evidence in proving or disproving causation. This use has led to two new trends in tort liability. First, there is the trend in which risk assessment is used by plaintiffs to buttress claims for future injury or increased risk. Second, there is the trend in which risk assessment is used by defendants to establish that other factors caused, in whole or in part, plaintiffs’ injuries.

This article evaluates these two …

Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Barker Brandt

BYU Law Review

No abstract provided.

Litigation, C. Oshiro

California Regulatory Law Reporter

No abstract provided.

Legal Devices For Enhancing Water Diversion Opportunities Within The Appropriation System, David C. Hallford

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

28 pages.

Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages (includes illustrations).

Contains references.

Water Agencies And Water Transfers In California: A Case Study Of The Kern County Water Agency, Brian E. Gray

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

20 pages.

Contains references.

The Role Of Market Transfers In The Accommodation Of New Uses: A Case Study Of The Truckee-Carson Basin, A. Dan Tarlock

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages (includes 1 map).

The Role Of The Federal Energy Regulatory Commission In Protecting Non-Consumptive Water Uses, Peter J. Kirsch, J. Barton Seitz

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

55 pages.

Update On Market Strategies For The Protection Of Western Instream Flows And Wetlands, Robert Wigington

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

49 pages.

Contains references.

Sources Of Water Iv: Tribal Water Rights, John E. Echohawk

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

10 pages.

Contains references.

Sources Of Water Iii: Interstate Transfers, Clyde O. Martz

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

35 pages.

Contains references.

Shifting The Uses Of Water In The West: An Overview, Lawrence J. Macdonnell

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages.

Contains references.

Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.

Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.

The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …

Testing The Selection Effect: A New Theoretical Framework With Empirical Tests, Theodore Eisenberg

Cornell Law Faculty Publications

Recent law and economics scholarship has produced much theoretical and empirical work on how and why legal disputes are settled and litigated. One of the most significant developments in this literature, attributable to the work of William Baxter and the combined efforts of George Priest and Benjamin Klein, has been the formation of a theory about both the selection of disputes for trial and the rates of success that plaintiffs enjoy for those cases that are resolved at trial. The basic theory contains two components. The selection effect refers to the proposition that the selection of tried cases is not …

Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …

Judicial Discretion: Is One More Of A Good Thing Too Much?, David B. Sentelle

Michigan Law Review

A Review of Judicial Discretion by Aharon Barak

Reform And Regret: The Story Of Federal Judicial Involvement In The Alabama Prison System, Steven M. Farina

Michigan Law Review

A Review of Reform and Regret: The Story of Federal Judicial Involvement in the Alabama Prison System by Larry W. Yackle

Invasion Of Privacy: The Cross Creek Trial Of Marjorie Kinnan Rawlings, Laura J. Hines

Michigan Law Review

A Review of Invasion of Privacy: The Cross Creek Trial of Marjorie Kinnan Rawlings by Patricia Nassif Acton