Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UIC School of Law (12)
- University of Michigan Law School (7)
- Cornell University Law School (6)
- Maurer School of Law: Indiana University (4)
- Mercer University School of Law (4)
-
- SelectedWorks (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Missouri School of Law (3)
- Brigham Young University Law School (2)
- Selected Works (2)
- The University of Akron (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (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)
- American University Washington College of Law (1)
- Brooklyn Law School (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- Pace University (1)
- Seattle University School of Law (1)
- St. John's University School of Law (1)
- University at Buffalo School of Law (1)
- University of Georgia School of Law (1)
- University of Washington School of Law (1)
- Vanderbilt University Law School (1)
- Wayne State University (1)
- Keyword
-
- Litigation (9)
- Juries (5)
- Supreme Court (4)
- Damages (3)
- Dispute resolution (3)
-
- Eleventh Amendment (3)
- Qualified immunity (3)
- Retaliation claims (3)
- Section 1983 (3)
- Settlements (3)
- Trials (3)
- California (2)
- Class Action (2)
- Class actions (2)
- Commercial Law/Tort Law (2)
- Discrimination (2)
- Due process (2)
- Empirical legal studies (2)
- Empirical studies (2)
- First Amendment (2)
- Lawyers (2)
- Martin Schwartz (2)
- Medical malpractice (2)
- Psychotherapist-patient privilege (2)
- State and local government (2)
- Tortious interference (2)
- Truth (2)
- Verdicts (2)
- 11th Amendment (1)
- ADA (1)
- Publication
-
- UIC Law Review (11)
- Cornell Law Faculty Publications (6)
- All Faculty Scholarship (4)
- Faculty Publications (4)
- Mercer Law Review (4)
-
- Scholarly Works (4)
- Articles (2)
- Faculty Scholarship (2)
- Federal Communications Law Journal (2)
- Indiana Law Journal (2)
- Michigan Law Review (2)
- Touro Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- Akron Law Faculty Publications (1)
- American University Law Review (1)
- BYU Law Review (1)
- Brigham Young University Journal of Public Law (1)
- Circles: Buffalo Women's Journal of Law and Social Policy (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Florida State University Journal of Transnational Law & Policy (1)
- Gabriel Martinez Medrano (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Ira Steven Nathenson (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Research Publications (1)
- Mark Spiegel (1)
- Michigan Journal of Gender & Law (1)
- Nancy Levit (1)
- Paul R. Tremblay (1)
- Reviews (1)
- Publication Type
Articles 61 - 70 of 70
Full-Text Articles in Law
Scientific Testing & Proof Of Paternity: Some Controversy And Key Issues For Family Law Counsel, Christopher L. Blakesley
Scientific Testing & Proof Of Paternity: Some Controversy And Key Issues For Family Law Counsel, Christopher L. Blakesley
Scholarly Works
Blood and tissue testing, especially DNA matching, have become important elements of both criminal and paternity or maternity litigation. Such scientific testing has become so important that it has taken on aspects that may cause it to benefit or to do harm to the judicial process or to any given case. This article focuses on the value and the dangers surrounding this interesting subject.
The 1995 Louisiana Supreme Court decision in Pace v. State reemphasized the importance of DNA testing generally and the significance of blood and tissue genetic testing used to exclude paternity. The advances in and importance of …
The Short Happy Life Of Litigation Between Tortfeasors: Contribution, Indemnification And Subrogation After Washington's Tort Reform Acts, Stewart A. Estes
The Short Happy Life Of Litigation Between Tortfeasors: Contribution, Indemnification And Subrogation After Washington's Tort Reform Acts, Stewart A. Estes
Seattle University Law Review
Section I summarizes the history and development of tort law in Washington, with an emphasis on the impact of the 1981 and 1986 Tort Reform Acts and their imperfect union. Section II outlines the traditional equitable remedies that are potentially available to a tortfeasor seeking reimbursement for having paid more than its share. Section III sets out the thesis and explains why under current law a tortfeasor's suit for reimbursement should be the exception, not the rule. The need, and the basis, for such litigation is dependent upon the existence of joint and several liability-which now occurs only infrequently.
Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch
Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
What Is Eleventh Amendment Immunity?, Carlos Manuel Vázquez
What Is Eleventh Amendment Immunity?, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
The Supreme Court's Eleventh Amendment decisions give conflicting signals about what the Amendment does. On one view, the Amendment functions as a forum-allocation principle--immunizing states from liability in suits filed in federal court, but leaving open the possibility that states may be compelled to entertain suits against themselves in their own courts. A separate line of cases, however, implies that state courts enjoy an immunity from suit in their own courts and that nothing in the Constitution withdraws such immunity; on this view, the Eleventh Amendment, by protecting the states from suit in the federal courts, effectively immunizes the states …
Why Civil Cases Go To Trial: Strategic Bargaining And The Desire For Vindication, Samuel R. Gross, Kent D. Syverud
Why Civil Cases Go To Trial: Strategic Bargaining And The Desire For Vindication, Samuel R. Gross, Kent D. Syverud
Articles
When negotiations break down and a dispute cannot be settled, attorneys commonly blame their adversaries, often questioning their ethics or their judgment. After interviewing many attorneys, we have come to believe much of the criticism is directed at strategic moves in negotiation. But strategic ploys are not the only reason dispute resolution fails. Rather, our research also suggest that a genuine desire for vindication through trial or other formal process may be very significant in some types of cases where bargaining breaks down.
Development Of An Early Identification And Response Model Of Malpractice Prevention, Ellen Wright Clayton, Gerald B. Hickson, James W. Pichert, Charles F. Federspiel
Development Of An Early Identification And Response Model Of Malpractice Prevention, Ellen Wright Clayton, Gerald B. Hickson, James W. Pichert, Charles F. Federspiel
Vanderbilt Law School Faculty Publications
The dramatic rise in the incidence of malpractice claims over the past thirty years has revealed several problems with the U.S. system of medical dispute resolution. First, the sudden and unexpected increase in claims has created an insurance crisis wherein various medical specialists have had difficulty obtaining affordable insurance coverage. One such crisis occurred in Florida in the mid-1980's, when an inability of many physicians to procure medical malpractice coverage caused some to limit or curtail their practice. This resulted in access problems for the public. This phenomenon has disproportionately befallen physicians practicing obstetric medicine. Second, besides contributing to periodic …
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 …
Provisional Relief In Transnational Litigation, George A. Bermann
Provisional Relief In Transnational Litigation, George A. Bermann
Faculty Scholarship
In this article, Professor Bermann identifies and analyzes the principal problems raised by the rapidly growing phenomenon of transnational provisional relief National courts are facing serious challenges in organizing such interventions, but as yet lack a sufficiently comprehensive framework of analysis. The author begins with the clarifying distinction that provisional relief may be transnational either because of its significant effects abroad or because it lends support to protective measures ordered by foreign courts, and draws on the experiences of U.S. and foreign courts in determining the costs of both granting and withholding provisional relief He concludes that, despite the very …
The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel
The Case Of Mrs. Jones Revisited: Paternalism And Autonomy In Lawyer-Client Counseling, Mark Spiegel
Mark Spiegel
No abstract provided.
The Crisis Of Poverty Law And The Demands Of Benevolence, Paul R. Tremblay
The Crisis Of Poverty Law And The Demands Of Benevolence, Paul R. Tremblay
Paul R. Tremblay
No abstract provided.