Law Commons^™

Appellate Practice And Procedure, Tommy Day Wilcox

Mercer Law Review

There were a number of significant cases decided by the appellate courts of Georgia during the past survey year in the area of appellate practice and procedure. The Georgia Supreme Court and the Georgia Court of Appeals handed down more than sixty opinions that turned in part on a consideration of the Appellate Practice Act of 1965, the rules of the appellate benches, and the case law which has evolved under these standards. The most noteworthy of these cases will be highlighted here under four general headings: Enumeration of Errors; Payment of Costs and Transcripts; Final Judgments; and Miscellany.

Unlike …

Trial Practice And Procedure, J. Ralph Beaird, C. Ronald Ellington

Mercer Law Review

Each year the Georgia appellate courts decide several hundred cases that raise issues of trial practice and procedure. The period surveyed in this article covers the tenth year of cases interpreting the Long-Arm Statute and the ninth year of cases decided under the Civil Practice Act. The gradual judicial development of these important laws has been fascinating to watch and comment on. A steady improvement in both the quality and predictability of these decisions can be observed and should be applauded.

The cases selected for comment herein are those deemed the most significant because they either indicate a new direction …

A Party Need Not Show Prejudice Or Surprise To Impeach Its Own Witness, Robert R. Gunn Ii

Mercer Law Review

In Wilson v. State, the Supreme Court of Georgia unanimously held that a party may impeach the credibility of its own witness with that witness' prior inconsistent statement without showing that the testimony is a total surprise or affirmatively damaging to the party's case.

Bill Ray Wilson was convicted of murder and armed robbery on the basis of testimony from three prosecution witnesses. His case consisted solely of his sworn denial. The testimony of one prosecution witness was inconsistent with a previous written, sworn statement in which the witness had said Wilson had confessed to the murder in his …

Injury To Reputation And The Constitution: Confusion Amid Conflicting Approaches, George C. Christie

Michigan Law Review

It is the thesis of this article that the long-run implications of Firestone and Paul v. Davis will force a radical reformulation of the circumstances under which an individual may obtain legal redress for injury to his reputation brought about by falsehoods. The Court will eventually be obliged to abandon its fragmented treatment of the subject: At present, some injured persons have no chance of recovery; others are faced with requirements of proof that make recovery very difficult; still others can recover under significantly more relaxed standards of proof. The nature of the Court's likely reformulation will be developed later …

Measuring The Duration Of Judicial And Administrative Proceedings, David S. Clark, John Henry Merryman

Michigan Law Review

A method of estimating the probable duration of litigation is useful for a variety of purposes. First, the probable duration of a case may, to some extent, determine strategy in litigation since prolonged litigation is often perceived as an appreciable cost to one party and as a benefit to the other. An estimate of the duration of a criminal case, for example, probably influences the respective postures of a defendant and a prosecutor in plea bargaining. Similarly, civil litigants may be able to use an estimate of the probable duration of litigation, together with other factors, in deciding whether to …

Measuring The Duration Of Judicial And Administrative Proceedings: A Comment, David P. Doane

Michigan Law Review

Professors Clark and Merryman propose a useful indirect measure of the duration of litigation whose primary virtue is its ease of computation from published court data. As the authors note, such a measure of duration may be useful to persons involved in judicial administration and to attorneys formulating strategy in litigation, and the legal community should find informative their illustration of the concept with Italian court data. Concluding on a pragmatic note, Professors Clark and Merryman appear to suggest that attorneys, clients, judges, court administrators, and social scientists must ultimately assess the utility of their concept. In making this assessment, …

Standing, Mootness, And Federal Rule 23—Balancing Perspectives, Mary Kay Kane

Buffalo Law Review

No abstract provided.

Practice And Procedure, R. Neal Batson, Ben F. Johnson Iii

Mercer Law Review

No abstract provided.

Vindicating The Public Interest Through The Courts: A Comparativist's Contribution, Mauro Cappelletti

Buffalo Law Review

No abstract provided.

Self-Executing Treaties And The Human Rights Provisions Of The United Nations Charter: A Separation Of Powers Problem, Charles W. Stotter

Buffalo Law Review

No abstract provided.

Custody Rights Of Lesbian Mothers: Legal Theory And Litigation Strategy, Nan D. Hunter, Nancy D. Polikoff

Buffalo Law Review

No abstract provided.

Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob

Cornell Law Faculty Publications

In the past, there have been three major approaches to the experimental investigation of the jury. First, juror selection research involves the study of the relation between verdicts or leniency toward certain classes of defendants and the characteristics of potential jurors. The second class of research is group study, in which the amount and style of individual participation is observed within the context of simulated jury deliberations (e.g., Strodtbeck, James and Hawkins, 1957). Finally, experimental psychology has made another contribution to the study of the jury; numerous researchers have conducted experimental studies employing legal stimulus materials. Typically, in such a …

On Reading Cramton, Currie & Kay -- Reflections And Prophecies For The Age Of Interest Analysis, Aaron Twerski

Faculty Scholarship

No abstract provided.

Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein

Faculty Scholarship

No abstract provided.

Obtaining Personal Jurisdiction Over Alien Corporations--A Survey Of U.S. Practice, John D. Gleissner, David C. Veeneman, S. Rodgers Wheaton

Vanderbilt Journal of Transnational Law

With the increase in international trade, civil litigation between persons of different nationalities has become increasingly important. Today alien and foreign corporations are being brought before American courts to defend actions arising out of products liability, contract, and tort. There is considerable authority holding alien and foreign corporations amenable to jurisdiction on the basis of a single act or business transaction. The states themselves are affecting international trade since state law is chosen to determine the amenability of alien and foreign corporations to suit in diversity actions in federal court.

This survey presents a cross-section of recent cases and attempts …

Pro Se Litigation - Litigating Without Counsel: Faretta Or For Worse, Ira P. Robbins, Susan Herman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Design Defect Litigation Revisited, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz

University of Michigan Journal of Law Reform

This article will examine the theoretical basis for finding implied causes of action in legislation and the development of the implication doctrine in the federal courts. In particular, the Cort v. Ash case will be discussed, both in terms of the standards articulated by the Supreme Court in dicta and the potential impact of Cort on the law of implied remedies.

0128: U.S. District Court, Southern District Of Wv, Charleston Division Papers, 1836-1886, Marshall University Special Collections

Guides to Manuscript Collections

Documents pertain to the suit of Charles Gay and others against the White Sulphur Springs Company: depositions by W. B. Calwell (1880), interest coupons payable by the White Sulphur Springs Company (1861), bonds issued by Jeremiah Morton, president of the company. Also papers concerning the Ohio Central Railroad Company.

The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell

University of Michigan Journal of Law Reform

After the Supreme Court declared in Gideon v. Wainwright that indigents have a constitutional right to appointed counsel in criminal cases, attention turned to the possibility that a similar right could be found for civil litigants. Although there is no explicit constitutional guarantee of counsel for the civil litigant, the due process clause, which protects property rights as well as personal freedoms, arguably mandates that there be a right to professional representation of all citizens in all courts. The inability of most laymen to effectively present even a rudimentary case on their own behalf indicates that without counsel a meaningful …

The Informant And Accomplice Witness: Problems For The Prosecution, 9 J. Marshall J. Prac. & Proc. 243 (1975), Michael D. Marrs

UIC Law Review

No abstract provided.

The Vanishing Right Of A Plaintiff To Voluntarily Dismiss His Action, 9 J. Marshall J. Prac. & Proc. 853 (1976), Cary Fleisher

UIC Law Review

No abstract provided.

The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger

Buffalo Law Review

No abstract provided.

Trends In The Law Of Damages, John W. Reed

Articles

The law of damages deals with the process of translating harm into dollars. It is not, however, a coherent body of knowledge. Rather, it consists of an amalgam of many concepts and rules having to do with fundamental policy questions about loss-shifting, risk-spreading, and allocation of functions between judge and jury. Because damages is a "non-subject," little attention is paid to it in law school curricula and there is little writing about it. As one commentator put it, the law of damages "plods its way, ignored by academicians and 'accepted' by the courts. . . . The 'winds of change' …

Book Review, Samuel Sonenfield, Gail M. Schaffer

Cleveland State Law Review

This entry reviews Art on Trial: From Whistler to Rothko by Laurie Adams. The text presents six trials involving art. Four of these cases are American, one is English, and one is Dutch.

Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins

Faculty Scholarship

No abstract provided.

The Use And Abuse Of Warnings In Products Liability -- Design Defect Litigation Comes Of Age, Aaron Twerski, A. S. Weinstein, W. A. Donaher, H. R. Piehler

Faculty Scholarship

No abstract provided.

Attorney Fee Awards And The Public-Interest Litigant, John L. Fowler

Kentucky Law Journal

No abstract provided.

The Antibiotics Class Actions, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Promise And Reality In Legal Services, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.