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Full-Text Articles in Law

Federal Courts And Attorney Disqualification Motions: A Realistic Approach To Conflicts Of Interest, Linda Ann Winslow Oct 1987

Federal Courts And Attorney Disqualification Motions: A Realistic Approach To Conflicts Of Interest, Linda Ann Winslow

Washington Law Review

The motion to disqualify an adversary's attorney has become the newest weapon in a litigator's motion arsenal. Disqualification motions alleging conflicts of interest can result in a great advantage to the movant by denying the opposition their choice of counsel, or by delaying the proceedings for several weeks or months. The attractiveness of the attorney disqualification motion as a strategic weapon is enhanced by the failure of the courts to impose sanctions against attorneys who bring frivolous disqualification motions. This Comment examines the treatment in federal courts of motions made to disqualify an adversary attorney and the relevant rules of …


What Must Cause Injury In Products Liability?, Aaron Gershonowitz Jul 1987

What Must Cause Injury In Products Liability?, Aaron Gershonowitz

Indiana Law Journal

No abstract provided.


Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart Jul 1987

Questioning Litigation's Role-Courts And Class Actions In Canada, W. A. Bogart

Indiana Law Journal

No abstract provided.


Class Actions And Duplicative Litigation, Edward F. Sherman Jul 1987

Class Actions And Duplicative Litigation, Edward F. Sherman

Indiana Law Journal

No abstract provided.


Studying Civil Litigation Through The Class Action, Bryant G. Garth Jul 1987

Studying Civil Litigation Through The Class Action, Bryant G. Garth

Indiana Law Journal

No abstract provided.


Litigation, J. Wheaton May 1987

Litigation, J. Wheaton

California Regulatory Law Reporter

No abstract provided.


Judging The Jury, Eric M. Acker May 1987

Judging The Jury, Eric M. Acker

Michigan Law Review

A Review of Judging the Jury by Valerie P. Hans and Neil Vidmar


The Costs Of Complexity, Stephen B. Burbank May 1987

The Costs Of Complexity, Stephen B. Burbank

Michigan Law Review

A Review of Complex Litigation: Cases and Materials on Advanced Civil Procedure by Richard L. Marcus and Edward F. Sherman


Suing The Press: Libel, The Media, And Power, Michael L. Chidester May 1987

Suing The Press: Libel, The Media, And Power, Michael L. Chidester

Michigan Law Review

A Review of Suing the Press: Libel, the Media, and Power by Rodney A. Smolla


Apocalypse Now?, Richard L. Marcus May 1987

Apocalypse Now?, Richard L. Marcus

Michigan Law Review

A Review of Agent Orange on Trial: Mass Toxic Disasters in the Courts by Peter H. Schuck


The Civil Jury--An Endangered Species, John Feikens Apr 1987

The Civil Jury--An Endangered Species, John Feikens

University of Michigan Journal of Law Reform

George Bernard Shaw, the Irish dramatist and arch gadfly, once said, "The reasonable man adapts himself to the world: the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man. "

With this tantalizing opener, let me say that I will attempt to point out to you my deep concern about the gradual elimination of jury trials in civil cases in our country.


Washington's Retreat From Civil Rights Enforcement—Meyer V. University Of Washington, 105 Wn. 2d 847, 719 P.2d 98 (1986), Jack Warner Widell Apr 1987

Washington's Retreat From Civil Rights Enforcement—Meyer V. University Of Washington, 105 Wn. 2d 847, 719 P.2d 98 (1986), Jack Warner Widell

Washington Law Review

Congress passed the Civil Rights Attorneys' Fees Awards Act of 1976 (the Fees Act) to provide fees sufficient to attract competent counsel for civil rights plaintiffs, and thereby to promote private enforcement of civil rights laws. Ten years later, in Meyer v. University of Washington, the Washington Supreme Court transformed the Fees Act into a shield for civil rights violators which will deter bona fide civil rights claims. This Note reviews the history of the Fees Act, critiques the Meyer court's analysis of the Act, and proposes alternate methods of evaluating claims of prevailing defendants. The Meyer court misinterpreted the …


A Judicial Perspective On Expert Discovery Under Federal Rule 26(B)(4): An Empirical Study Of Trial Court Judges And A Proposed Amendment, 20 J. Marshall L. Rev. 377 (1987), David S. Day, Charvin Dixon Jan 1987

A Judicial Perspective On Expert Discovery Under Federal Rule 26(B)(4): An Empirical Study Of Trial Court Judges And A Proposed Amendment, 20 J. Marshall L. Rev. 377 (1987), David S. Day, Charvin Dixon

UIC Law Review

No abstract provided.


How To Avoid Increased Damages And Attorneys' Fees: The Duties Of The Accused Infringer And The Patent Owner, 20 J. Marshall L. Rev. 433 (1987), Kirk M. Hartung Jan 1987

How To Avoid Increased Damages And Attorneys' Fees: The Duties Of The Accused Infringer And The Patent Owner, 20 J. Marshall L. Rev. 433 (1987), Kirk M. Hartung

UIC Law Review

No abstract provided.


Computer Software Copyright Infringement: The Second Generation, Jeffrey A. Berkowitz Jan 1987

Computer Software Copyright Infringement: The Second Generation, Jeffrey A. Berkowitz

Touro Law Review

No abstract provided.


Litigation, J. Wheaton Jan 1987

Litigation, J. Wheaton

California Regulatory Law Reporter

No abstract provided.


Precluding Government Relitigation Of Statutory Interpretations: Clark-Cowlitz Joint Operating Agency V. Federal Energy Regulatory Commission, Bradley Bishop Jones Jan 1987

Precluding Government Relitigation Of Statutory Interpretations: Clark-Cowlitz Joint Operating Agency V. Federal Energy Regulatory Commission, Bradley Bishop Jones

Seattle University Law Review

This Note explores the issue of the applicability of the preclusion doctrines against the government. Specific focus is placed upon the doctrines’ application in cases where the government has previously litigated a question of statutory interpretation. The exploration begins with the recent case of Clark-Cowlitz Joint Operating Agency v. Federal Energy Regulatory Commission (Clark-Cowlitz), a classic factual setting for analyzing this issue. The Note then briefly examines the historical developments of the preclusion doctrines and the United States Supreme Court’s recent and continuing struggle with the application of the doctrines against the government. It is the position of …


Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach Jan 1987

Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach

Touro Law Review

No abstract provided.


Prosecutorial Misconduct: Quelling The Tide Of Improper Comment To The Jury, Frank D. Celebrezze Jan 1987

Prosecutorial Misconduct: Quelling The Tide Of Improper Comment To The Jury, Frank D. Celebrezze

Cleveland State Law Review

The United States Supreme Court, in Darden v. Wainwright, stated that where the error is forensic in nature, appellate courts should reverse a conviction when the prosecutor's misconduct "so infected the trial with unfairness as to make the resulting conviction a denial of due process." Therefore, except in the most egregious cases, appellate courts are placed in the uncomfortable position of condemning the prosecutor's behavior while affirming the conviction, thus fostering what an appellate judge once called "a deplorably cynical attitude towards the judiciary. This article will focus on one aspect of prosecutorial misconduct which has been chronicled with alarming …


Institutionalizing An Experiment: The Extension Of The Equal Access To Justice Act -- Questions Resolved, Questions Remaining, Claire Elizabeth Winold Jan 1987

Institutionalizing An Experiment: The Extension Of The Equal Access To Justice Act -- Questions Resolved, Questions Remaining, Claire Elizabeth Winold

Florida State University Law Review

No abstract provided.