Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Litigation

PDF

1998

Institution
Keyword
Publication
Publication Type

Articles 31 - 60 of 101

Full-Text Articles in Law

Conflicting Ideologies Of Group Litigation: Who May Challenge Settlements In Class Actions And Derivative Suits?, Susanna Ripken Jan 1998

Conflicting Ideologies Of Group Litigation: Who May Challenge Settlements In Class Actions And Derivative Suits?, Susanna Ripken

Susanna K. Ripken

The article discusses the rights of unnamed class members in class actions and shareholders in corporate derivative suits to appeal court orders approving the settlement of their claims. As representative actions, class actions and derivative suits by definition necessarily determine the rights and duties of absent parties. Unnamed class members and shareholders must rely on the named plaintiff representative to protect their interests, especially when the case is settled prior to a judgment on the merits. The federal courts are sharply divided over the question whether absent parties who are dissatisfied with the class action or derivative suit settlement may …


Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson Jan 1998

Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson

Ira Steven Nathenson

This Article addresses 'spamdexing,' namely, the practice of stuffing invisible keywords into webpages in order to try to get more favorable listings with search engines. For instance, some website owners will stuff the trademarks of competitors into a webpage’s code, particularly by using 'meta tags,' indexing keywords that can be hidden in a webpage’s source code. Although meta tags are not typically viewed by users, the code can be read by search engines, with the result that webpages may be improperly boosted in search engine rankings. Such practices can confuse the public and have also spurred trademark lawsuits. But the …


Masthead, Jtaa Editors Jan 1998

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Supreme Judicial Court Of Massachusetts Gives Unmarried Couples Standing To Petition To Adopt Children, But Is This Really An Endorsement Of Non-Traditional Families, Katherine I. Young Jan 1998

The Supreme Judicial Court Of Massachusetts Gives Unmarried Couples Standing To Petition To Adopt Children, But Is This Really An Endorsement Of Non-Traditional Families, Katherine I. Young

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Whose Baby Are You Adopting A Critique Of The Massachusetts Adoption Laws, Katherine T. Land Jan 1998

Whose Baby Are You Adopting A Critique Of The Massachusetts Adoption Laws, Katherine T. Land

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Table Of Contents, Jtaa Editors Jan 1998

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Protective Discovery Orders And The First Amendment: The Limits Of Seattle Times And The Business Week Decision, James C. Bradbury Jan 1998

Protective Discovery Orders And The First Amendment: The Limits Of Seattle Times And The Business Week Decision, James C. Bradbury

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Use Of Support Modification To Re-Litigate Equitably Divided Property In Massachusetts: Does Heins V. Ledis Draw The Line, Michael J. Deltergo Jan 1998

The Use Of Support Modification To Re-Litigate Equitably Divided Property In Massachusetts: Does Heins V. Ledis Draw The Line, Michael J. Deltergo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Bifurcation - A New Era In Patent Litigation, Brian D. Lefort Jan 1998

Bifurcation - A New Era In Patent Litigation, Brian D. Lefort

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Editor's Note, James C. Bradbury Jan 1998

Editor's Note, James C. Bradbury

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Front Matter, Jtaa Editors Jan 1998

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Polygraph Admissibility In Massachusetts Under The New Standard, Angela Lackard Jan 1998

Polygraph Admissibility In Massachusetts Under The New Standard, Angela Lackard

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Advocating For A Change In The Massachusetts Hiv Statute: Putting An End To Physician Uncertainty, Catherine Agnello Jan 1998

Advocating For A Change In The Massachusetts Hiv Statute: Putting An End To Physician Uncertainty, Catherine Agnello

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Legal Effects Of The Massachusetts Abuse Prevention Act, The Stalking Statute, And The Marital Rape Exemption On Victims Of Domestic Abuse, Esther M. Bixler Jan 1998

The Legal Effects Of The Massachusetts Abuse Prevention Act, The Stalking Statute, And The Marital Rape Exemption On Victims Of Domestic Abuse, Esther M. Bixler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Trial Counsel's Acts Today Could Affect A Client's Appeal Tomorrow: Massachusetts And New Hampshire Take Differing Positions On Appellate Review Of Unpreserved Issues, Windy Rosebush Jan 1998

Trial Counsel's Acts Today Could Affect A Client's Appeal Tomorrow: Massachusetts And New Hampshire Take Differing Positions On Appellate Review Of Unpreserved Issues, Windy Rosebush

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Fresh Complaint Testimony In Massachusetts - Friend Or Foe, Paula J. Clifford Jan 1998

Fresh Complaint Testimony In Massachusetts - Friend Or Foe, Paula J. Clifford

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch Jan 1998

The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Industrial Espionage As Unfair Competition, Robert L. Tucker Jan 1998

Industrial Espionage As Unfair Competition, Robert L. Tucker

Robert L Tucker

No abstract provided.


Naked Politics, Federal Courts Law, And The Canon Of Acceptable Arguments, Michael Wells Jan 1998

Naked Politics, Federal Courts Law, And The Canon Of Acceptable Arguments, Michael Wells

Scholarly Works

In this Article, I argue that there is a wide gap between the aspirations and the actual operation of Federal Courts law. I maintain that, despite the conversational rule forbidding it, raw substance in fact wields significant influence in the resolution of Federal Courts issues. For example, the familiar argument that federal courts should be favored because they are more "sympathetic" to federal claims is really an appeal to naked politics. The empirical premise of this and other arguments of naked politics is that there are structural differences between federal and state courts which affect the outcomes of close cases, …


Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan Jan 1998

Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan

UIC Law Review

No abstract provided.


Fidelity To Original Preferences: An Application Of Consumer Choice Theory To The Problems Of Legal Interpretation, 31 J. Marshall L. Rev. 1111 (1998), Ahmed M. Saeed Jan 1998

Fidelity To Original Preferences: An Application Of Consumer Choice Theory To The Problems Of Legal Interpretation, 31 J. Marshall L. Rev. 1111 (1998), Ahmed M. Saeed

UIC Law Review

No abstract provided.


Law In The Backwaters: A Comment Of Mirjan Damaška's Evidence Law Adrift, Samuel R. Gross Jan 1998

Law In The Backwaters: A Comment Of Mirjan Damaška's Evidence Law Adrift, Samuel R. Gross

Reviews

The most problematic part of Professor Mirjan Damaška's fine book is the title.' Professor Damaška does an excellent job of situating American evidence law in the procedural context in which American trials occur. He identifies three major procedural elements. First, juries are traditionally cited as the primary or sole explanation for our extensive set of exclusionary rules, which are said to express mistrust of lay adjudicators. Professor Damaška points out as well that lay juries permit a divided court, with a professional judge who has exclusive control over "questions of law," and that this division is necessary for the operation …


An Historical Analysis Of The Binding Nature Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowie Jan 1998

An Historical Analysis Of The Binding Nature Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowie

All Faculty Scholarship

No abstract provided.


Section 1983 Litigation, Martin A. Schwartz, George C. Pratt Jan 1998

Section 1983 Litigation, Martin A. Schwartz, George C. Pratt

Scholarly Works

No abstract provided.


Liberalism Stumbles In Tennessee, Donald J. Herzog Jan 1998

Liberalism Stumbles In Tennessee, Donald J. Herzog

Reviews

The Scopes trial will never be the same. I mean the trial immortalized in Inherit the Wind,' with its Southerners clutching in vain to their cozy scientific illiteracy and mechanically literal faith in the Bible, its idiotic intolerant Southerners destined to fall to the gale winds of modernity, liberalism, secularism, and skepticism embodied by a heroic ACLU and the inimitable Clarence Darrow. So what if Scopes got convicted? Surely the trial made a laughingstock of everything Tennessee stood for in banning the teaching of evolution from the public schools. And in a touch worthy of a gruesome morality play, William …


Front Matter, Jtaa Editors Jan 1998

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Editor's Notes, Paul Toner Jan 1998

Editor's Notes, Paul Toner

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


From Specialized Courts To Specialized Juries: Calling For Professional Juries In Complex Civil Litigation, Kristy Lee Bertelsen Jan 1998

From Specialized Courts To Specialized Juries: Calling For Professional Juries In Complex Civil Litigation, Kristy Lee Bertelsen

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The After-Acquired Evidence Doctrine: An Additional Hurdle For The Victim Of Employment Discrimination, Karen F. Mahoney Jan 1998

The After-Acquired Evidence Doctrine: An Additional Hurdle For The Victim Of Employment Discrimination, Karen F. Mahoney

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Impact Of Lohr V. Medtronic On The First Circuit's Application Of The Medical Device Amendments, Jennifer Salvatore O'Connor Jan 1998

The Impact Of Lohr V. Medtronic On The First Circuit's Application Of The Medical Device Amendments, Jennifer Salvatore O'Connor

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.