Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Mercer University School of Law (19)
- University of Colorado Law School (11)
- Cornell University Law School (6)
- UIC School of Law (5)
- University of Michigan Law School (5)
-
- Case Western Reserve University School of Law (4)
- University of San Diego (4)
- Touro University Jacob D. Fuchsberg Law Center (3)
- Brigham Young University Law School (2)
- Maurer School of Law: Indiana University (2)
- University of Baltimore Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Pennsylvania Carey Law School (2)
- University of Richmond (2)
- Fordham Law School (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- Seattle University School of Law (1)
- University of Denver (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Pittsburgh School of Law (1)
- Wayne State University (1)
- West Virginia University (1)
- Keyword
-
- Litigation (12)
- California Supreme Court (4)
- Evidence (4)
- Irrigation (4)
- Ninth Circuit Court of Appeals (4)
-
- United States Supreme Court (4)
- Beneficial use (3)
- California Courts of Appeal (3)
- Colorado (3)
- New Mexico (3)
- Prior appropriation doctrine (3)
- Statutes (3)
- Utah (3)
- Arbitration (2)
- Attorneys' fees (2)
- Bureau of Reclamation (2)
- Chicago Jury Project (2)
- Competition (2)
- Congress (2)
- Constitution (2)
- Consumer (2)
- Corporations (2)
- Department of the Interior (2)
- Due process (2)
- Empirical studies (2)
- Expert witnesses (2)
- Federal Central Valley Project (2)
- Federal courts (2)
- Fish (2)
- Flood control (2)
- Publication
-
- Mercer Law Review (19)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (11)
- Cornell Law Faculty Publications (6)
- UIC Law Review (5)
- All Faculty Scholarship (4)
-
- California Regulatory Law Reporter (4)
- Faculty Publications (4)
- Scholarly Works (4)
- Articles (3)
- Michigan Law Review (3)
- Articles by Maurer Faculty (2)
- Brigham Young University Journal of Public Law (2)
- Touro Law Review (2)
- Articles & Book Chapters (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles (1)
- Faculty Scholarship (1)
- Kentucky Law Journal (1)
- Law Faculty Publications (1)
- Law Faculty Research Publications (1)
- Sturm College of Law: Faculty Scholarship (1)
- University of Richmond Law Review Symposium (1)
- West Virginia Law Review (1)
- Publication Type
Articles 1 - 30 of 79
Full-Text Articles in Law
Personal Jurisdiction Over Aliens In Patent Infringement Actions: A Uniform Approach Toward The Situs Of The Tort, David Wille
Personal Jurisdiction Over Aliens In Patent Infringement Actions: A Uniform Approach Toward The Situs Of The Tort, David Wille
Michigan Law Review
This Note examines current approaches to the question of personal jurisdiction over alien patent infringers. Part I describes personal jurisdiction requirements in the context of patent infringement suits against aliens. The leading case addressing these requirements has been interpreted differently by several courts, thus resulting in conflicting outcomes. Part II explains the current controversy over the locus of the tort of patent infringement. The three different modes of reasoning currently used by courts to determine the locus of the tort would allow immunity from suit for the alien in at least two hypothetical cases. This Part concludes that in order …
Appellate Practice And Procedure, Marion T. Pope Jr., Ann H. Kelley
Appellate Practice And Procedure, Marion T. Pope Jr., Ann H. Kelley
Mercer Law Review
Practitioners in Georgia's state appellate courts recognize that the most important step in the appellate process is to first ascertain the proper procedure to insure that their appeal is properly before the court, Because the statutory and decisional law governing appellate practice and procedure is not immutable, the appellate practitioner must consistently strive to stay abreast of the law in this area. With these thoughts in mind, this Article will survey selected opinions of Georgia's state appellate courts pertaining to appellate practice and procedure rendered during the period from June 1, 1988 to May 31, 1991. The Article will also …
Misuse Of The Antitrust Laws: The Competitor Plaintiff, Edward A. Snyder, Thomas E. Kauper
Misuse Of The Antitrust Laws: The Competitor Plaintiff, Edward A. Snyder, Thomas E. Kauper
Michigan Law Review
In this article we ask (1) under what circumstances are competitor suits meritorious, and (2) do existing rules, such as those requiring proof of market power or other so-called filters and the requirement that plaintiffs suffer "antitrust injury," afford a reasonable prospect of eliminating anticompetitive misuses of the remedy by competitor plaintiffs? We evaluate a sample of seventy-four cases in which plaintiffs sued their rivals to learn how competitor plaintiffs use the private antitrust remedy. And because many of these cases allege anticompetitive exclusionary practices, we consider how recent theories of exclusionary practices may be used to support competitor claims. …
Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski
Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
For over one hundred years American courts expanded the rights of plaintiffs in products liability cases. First the courts eliminated the privity requirement, next the necessity of proving fault, and finally, the necessity of proving a production defect. The next logical step in this progression would be to eliminate the need to show any type of defect at all. In this Article, Professors Henderson and Twerski assert that this step cannot and will not be taken. They explore both the possibility of across-the-board liability without defect and the more limited idea of product-category liability without defect. They describe how a …
Litigation, E. D'Angelo
Litigation, E. D'Angelo, R. Fellmeth, V. Rabago
Litigation, E. D'Angelo, R. Fellmeth, V. Rabago
California Regulatory Law Reporter
No abstract provided.
Trial Practice And Procedure, Molly Townes O'Brien
Trial Practice And Procedure, Molly Townes O'Brien
Mercer Law Review
If "[t]he history of liberty has largely been the history of the observance of procedural safeguards," then 1990 should be regarded as a fine year in the history of liberty. In this year's rulings, the Eleventh Circuit required the district courts to scrutinize in forma pauperis complaints carefully before dismissing them as frivolous and demanded that pro se parties receive express written notice that they must file affidavits in response to a motion for summary judgment. The Eleventh Circuit was also unusually receptive this year to claims by nonresident defendants that the court's exercise of personal jurisdiction over them would …
The Public Interest: A Matter Of Discretion?, R. Keith Higginson
The Public Interest: A Matter Of Discretion?, R. Keith Higginson
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
15 pages.
Federal Regulatory Interests In Water, Patricia Sanderson Port
Federal Regulatory Interests In Water, Patricia Sanderson Port
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
39 pages.
Contains references.
Dam Fights And Water Policy In California: 1969-1989, Harrison C. Dunning
Dam Fights And Water Policy In California: 1969-1989, Harrison C. Dunning
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
49 pages (includes illustrations and maps).
Contains references.
Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett
Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
5 pages.
Negotiating An Indian Water Rights Settlement: The Colorado Ute Indian Experience, Lois G. Witte
Negotiating An Indian Water Rights Settlement: The Colorado Ute Indian Experience, Lois G. Witte
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
28 pages.
Pyramid Lake Negotiated Settlement: Overview And Perspective, Joe Ely
Pyramid Lake Negotiated Settlement: Overview And Perspective, Joe Ely
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
20 pages.
The 1990 Fort Hall Water Rights Agreement: A Study In The Federal Trust Responsibility, Indian Self-Determination, And Water Rights Settlement, John S. Bushman
The 1990 Fort Hall Water Rights Agreement: A Study In The Federal Trust Responsibility, Indian Self-Determination, And Water Rights Settlement, John S. Bushman
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
171 pages.
Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez
Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
26 pages.
Colorado’S Law Of “Underground Water”: A Look At The South Platte Basin & Beyond, Lawrence J. Macdonnell
Colorado’S Law Of “Underground Water”: A Look At The South Platte Basin & Beyond, Lawrence J. Macdonnell
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
50 pages (includes illustrations and maps).
Contains footnotes.
Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, Charles F. Wilkinson and Richard B. Collins.
Pressures of population, drought, and changing water use have provided the impetus for numerous innovations in water law and management in recent years. The Center's annual conference June 5-7, 1991, will look at innovation and change in five areas--water planning, special water management areas, negotiated settlements of tribal water rights, conjunctive use of ground and surface water, and public values in water decision making. Each session will begin with talks by experts from several western …
Kansas Intensive Groundwater Use Control Areas, David L. Pope
Kansas Intensive Groundwater Use Control Areas, David L. Pope
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
22 pages (includes maps).
Contains references.
Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.
Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Litigation, E. Angelo, J. Miller, V. Rabago
Litigation, E. Angelo, J. Miller, V. Rabago
California Regulatory Law Reporter
No abstract provided.
The World In Our Courts, Stephen B. Burbank
The World In Our Courts, Stephen B. Burbank
Michigan Law Review
A Review of International Civil Litigation in United States Courts: Commentary and Materials by Gary B. Born and David Westin
United States Department Of Labor V. Triplett: Black Lung Claimants Will Continue To Suffer From A Lack Of Legal Representation, Robert A. Campbell
United States Department Of Labor V. Triplett: Black Lung Claimants Will Continue To Suffer From A Lack Of Legal Representation, Robert A. Campbell
West Virginia Law Review
No abstract provided.
The American Jury At Twenty-Five Years, Valerie P. Hans, Neil Vidmar
The American Jury At Twenty-Five Years, Valerie P. Hans, Neil Vidmar
Cornell Law Faculty Publications
The year 1991 marks the twenty-fifth anniversary of the publication of Harry Kalven, Jr. and Hans Zeisel's classic work, The American Jury. Arguably one of the most important books in the field of law and social science, this research monograph began the modrn field of jury studies and deeply influenced contemporary understanding of the jury as an institution.
In this essay we assess the book from the vantage point of a quarter- century. First, we provide a historical backdrop by reviewing the activities of the University of Chicago's Jury Project that led to the publication of The American Jury …
The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings
The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings
Brigham Young University Journal of Public Law
No abstract provided.
Comparative Negligence In Suits Against Accountants: A Statutory And Policy Analysis, Dennis V. Dahle
Comparative Negligence In Suits Against Accountants: A Statutory And Policy Analysis, Dennis V. Dahle
Brigham Young University Journal of Public Law
No abstract provided.
Building The Powerfully Persuasive Criminal Defense, Stephen C. Rench
Building The Powerfully Persuasive Criminal Defense, Stephen C. Rench
Mercer Law Review
The persuasive case remains the foundation and sine qua non of trial advocacy. The importance of building the persuasive case first cannot be overestimated, for everything else flows 'from the thoroughly prepared and developed case. It furnishes the essential solid foundation from which the lawyer works in evaluating, negotiating, and when necessary, preparing the individual phases of the trial; The purpose of this Article is to describe the persuasive case and then to set forth a system and process for the building of that persuasive criminal defense case.
The Art Of Impeachment, J. Vincent Aprile Ii
The Art Of Impeachment, J. Vincent Aprile Ii
Mercer Law Review
Impeachment is more than a cross-examination technique; impeachment is often a criminal defense lawyer's only weapon against the prosecution's case-in-chief. Impeachment is not a trial tactic or strategy that often can be extemporaneously employed to undermine a prosecution witness's believability. When impeachment, regardless of the mode or technique, is a significant part of the defense strategy, defense counsel must begin to build the context of the impeachment, at the latest, during voir dire and, at the earliest, no later than pretrial motion practice.
Closing Argument: Tapping The Human Experience, Drew Findling
Closing Argument: Tapping The Human Experience, Drew Findling
Mercer Law Review
To every criminal defense attorney there comes the inevitable daydream. That time when you imagine yourself in front of the jury passionately proclaiming your client's innocence. It is a fantasy dominated by your emotion and shared with an imaginary jury. You can sense the jury move with every word you utter. You expect the jury to applaud you at any moment. Finally, at the end of this reverie, you receive the ultimate ovation, a verdict of not guilty. It is your responsibility to convert that daydream into reality. Your closing argument should be that segment of the trial in which …
Opening Statements, Robert B. Hirschhorn
Opening Statements, Robert B. Hirschhorn
Mercer Law Review
As we begin the last decade of the twentieth century, we are experiencing a revolution in the courtroom. The techniques of the old guard must give way to new and innovative means of motivating our captive audience called the jury. I will not engage in a legal treatise of the opening statement. Few cases have ever been reversed on error committed during the opening statement. Instead, I intend to address the humanistic factors that make the difference between a losing and a winning opening statement. Some cases have been lost because of an ineffective opening, but a disproportionate number of …