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Articles 1 - 30 of 91
Full-Text Articles in Law
Inside The Black Box: Comment On Diamond And Vidmar, Valerie P. Hans
Inside The Black Box: Comment On Diamond And Vidmar, Valerie P. Hans
Cornell Law Faculty Publications
It is an honor to be invited to comment on the first publication of the Arizona Jury Project, a study of Arizona juries that includes videotaping and analysis of jury room discussions and deliberations. It is a remarkable and unique project, made possible by an unusual confluence of people, places, and events. In an insightful opinion some years ago, United States Supreme Court Justice Louis Brandeis observed that "[i]t is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments …
Megafirms, Randall S. Thomas, Stewart J. Schwab, Robert G. Hansen
Megafirms, Randall S. Thomas, Stewart J. Schwab, Robert G. Hansen
Cornell Law Faculty Publications
This Article documents and explains the amazing growth of the largest firms in law, accounting, and investment banking. Scholars to date have used various supply-side theories to explain this growth, and have generally examined only one industry at a time. This Article emphasizes a demand-side explanation of firm growth and shows how the explanation is similar for firms in all "project" industries. Legal regulation also plays an important role in determining industry structure. Among the areas covered in this Article are the growth of Multidisciplinary Practice firms (MDPs). MDP growth can best be understood by looking more broadly at the …
Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner
Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner
Michigan Law Review
During patent infringement litigation, the Federal Rules of Civil Procedure ("FRCP") and the federal district court's local rules govern the parties' pretrial discovery and motion practice. The U.S. District Court for the Northern District of California has adopted the most comprehensive local rules to date covering pretrial procedures in the patent litigation context. The Northern District of California Patent Local Rules ("Local Rules") may come to have a significant impact throughout the federal courts, as it appears that other jurisdictions and commentators are looking to the Local Rules for guidance. For instance, the American Bar Association Section of Intellectual Property …
Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the conference on Trade Secrets, Non-Competes, and Unfair Competition held by UK/CLE in October 2001.
Toward A Community Of Professionalism, Elliot L. Bien
Toward A Community Of Professionalism, Elliot L. Bien
The Journal of Appellate Practice and Process
Professionalism amongst American litigators has declined. Many jurisdictions have adopted codes of conduct in order to restore professionalism. These attempts have done little to restore professionalism. Similar adversarial systems, like England's, are admired for their professionalism. What creates this value amongst barristers is a sense of community. A similar practice should be adopted in the United States in order to restore a sense of professionalism in litigation.
In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman
In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman
The Journal of Appellate Practice and Process
The Solicitor General is often asked to give advice on oral advocacy. Seth P. Waxman has been reluctant to give such advice. Asking an advocate for advice about oral advocacy instead of a judge is like asking a fisherman for advice about catching fish if fish could speak. Waxman begins with a look at the life of acclaimed advocate, Daniel Webster, before giving his long reserved advice.
J. Mcintyre Machinery, Ltd. V. Nicastro: The Stream-Of-Commerce Theory Of Personal Jurisdiction In A Globalized Economy, Elisabeth A. Beal
J. Mcintyre Machinery, Ltd. V. Nicastro: The Stream-Of-Commerce Theory Of Personal Jurisdiction In A Globalized Economy, Elisabeth A. Beal
University of Miami Law Review
No abstract provided.
Black Plaintiffs And Class Action Employment Discrimination Lawsuits In Corporate America, Michael Green
Black Plaintiffs And Class Action Employment Discrimination Lawsuits In Corporate America, Michael Green
University of the District of Columbia Law Review
Class action lawsuits initiated by black employees against corporations have been commonplace in the United States in recent years. Why has there been an influx of litigation targeted to corporate America? Is there an epidemic of discrimination directed toward black employees in many companies- or is this legal action a result of a phenomenon that is coincidental? Although many argue that there is no "systematic" approach or policy to hinder the development of blacks in corporations, it is evident that serious problems do exist in many companies that have the propensity to curtail the advancement of black employees. In essence, …
Revisiting The Taxation Of Punitive Damages, Gregg D. Polsky, Dan Markel
Revisiting The Taxation Of Punitive Damages, Gregg D. Polsky, Dan Markel
Scholarly Works
In our recent article, Taxing Punitive Damages, available at http://ssrn.com/abstract=1421879, we argued (1) that plaintiffs in punitive damages cases should be allowed to introduce to the jury evidence regarding the deductibility of those damages by defendants, and (2) that this jury tax-awareness approach is better than the Obama Administration’s suggested alternative of disallowing those deductions.
To our delight, Professor Larry Zelenak and Paul Mogin have each provided published comments to our piece on Virginia Law Review's In Brief companion website. Professor Zelenak’s thoughtful response focuses on our prescriptive claim that jury tax-awareness is better than nondeductibility, while Mr. Mogin disputes …
Public Interest Litigation In A Comparative Context, Jayanth Kumar Krishnan
Public Interest Litigation In A Comparative Context, Jayanth Kumar Krishnan
Buffalo Public Interest Law Journal
No abstract provided.
Moot Court Teams 2001-2002, Kellie Casey Monk
Moot Court Teams 2001-2002, Kellie Casey Monk
Materials from All Student Organizations
No abstract provided.
Shifting Winds: Court Whittles Away At Plaintiffs' Recovery Of Attorney Fees, Carl W. Tobias, Margaret L. Sanner
Shifting Winds: Court Whittles Away At Plaintiffs' Recovery Of Attorney Fees, Carl W. Tobias, Margaret L. Sanner
Law Faculty Publications
A Supreme Court ruling in a case brought by an assisted-living home doesn't offer much assistance to civil rights lawyers. The ruling in Buckhannon Board & Care Home v. West Virginia will frustrate plaintiffs' efforts to recover attorney fees in litigation to vindicate important societal values such as the prevention of discrimination. But it shouldn't come as a big surprise. Buckhannon is only the most recent of numerous High Court decisions since the 1980s that can complicate attempts by plaintiffs lawyers to secure attorney's fees.
Preparing For Bioinformatics Litigation: How Will The Courts Confront The Next Generation Of Biotechnology Patents?, Scott D. Locke, David A. Kalow
Preparing For Bioinformatics Litigation: How Will The Courts Confront The Next Generation Of Biotechnology Patents?, Scott D. Locke, David A. Kalow
Buffalo Intellectual Property Law Journal
No abstract provided.
Judges, Prosecutors, Jurors, And Organized Labor: Four Perspectives Of Corporate Citizenship, Noel Beasley, Janine P. Geske, Valerie P. Hans, E. Michael Mccann, Frank Daily
Judges, Prosecutors, Jurors, And Organized Labor: Four Perspectives Of Corporate Citizenship, Noel Beasley, Janine P. Geske, Valerie P. Hans, E. Michael Mccann, Frank Daily
Cornell Law Faculty Publications
Some people argue that the civil jury is in decline. They argue that it's not really so important to be focusing on jurors and jurors' views about corporate responsibility as it might have been in prior times. I want to raise some arguments in favor of the continuing importance of the civil jury. First of all, the cases that juries try may be very important cases in terms of the company and in terms of the role of the company vis-a-vis government regulation. Jurors are symbolic representatives of the public in the courtroom. Finding out what juries do when they …
Estate Litigation In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Estate Litigation In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the conference on Estate Litigation in Kentucky held by UK/CLE in July 2001.
Can We Talk?: Removing Counterproductive Ethical Restraints Upon Ex Parte Communication Between Attorneys And Adverse Expert Witnesses, Stephen D. Easton
Can We Talk?: Removing Counterproductive Ethical Restraints Upon Ex Parte Communication Between Attorneys And Adverse Expert Witnesses, Stephen D. Easton
Indiana Law Journal
No abstract provided.
Experts, Carl E. Schneider
Experts, Carl E. Schneider
Articles
George Bernard Shaw famously said that all professions are conspiracies against the laity. Less famously, less elegantly, but at least as accurately, Andrew Abbott argued that professions are conspiracies against each other. Professions compete for authority to do work and for authority over work. The umpire in these skirmishes and sieges is the government, for the state holds the gift of monopoly and the power to regulate it. In Abbott's terms, "bioethics" is contesting medicine's power to influence the way doctors treat patients. If it follows the classic pattern, bioethics will solicit work and authority by recruiting government's power. A …
Appellate Practice And Procedure, William M. Droze, Suzanne F. Sturdivant
Appellate Practice And Procedure, William M. Droze, Suzanne F. Sturdivant
Mercer Law Review
In 2000 the United States Court of Appeals for the Eleventh Circuit was called upon to decide high profile and difficult issues. It helped determine the fate of young Elian Gonzalez and the course of President Bush and former Vice President Al Gore's legal battles for the presidency. Yet some of these decisions-and many others-turned on less sensational procedural questions. This Article examines the role that procedural issues have played in the court's recent opinions. It is intended to help practitioners gauge trends in the court's approach to interlocutory matters; timeliness of notice of appeal and presentation of argument; the …
Trial Practice And Procedure, Philip W. Savrin
Trial Practice And Procedure, Philip W. Savrin
Mercer Law Review
This Article surveys the year 2000 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.
- Constitutional Torts
- Removal Jurisdiction
- Intervention
- Jurisdiction
- Prison Litigation Reform Act
- Abstention and Removal of Bankruptcy Proceedings
Reeves V. Sanderson Plumbing Products: Stemming The Tide Of Motions For Summary Judgment And Motions For Judgment As A Matter Of Law, Trevor K. Ross
Reeves V. Sanderson Plumbing Products: Stemming The Tide Of Motions For Summary Judgment And Motions For Judgment As A Matter Of Law, Trevor K. Ross
Mercer Law Review
In Reeves v. Sanderson Plumbing Products, Inc., the Supreme Court addressed the evidentiary burdens required of a plaintiff in an ADEA case, holding that evidence leading the fact finder to reject the defendant's proffered legitimate nondiscriminatory reasons together with the elements of a prima facie case may meet a plaintiff's burden to show intentional discrimination. Additionally, the Court at last set forth the way in which judges may consider a motion for judgment as a matter of law without weighing the evidence, holding that a court should consider all the nonmovant's evidence drawing all reasonable inferences in favor of …
Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala
Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala
Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry F. Colb
"Whodunit" Versus "What Was Done": When To Admit Character Evidence In Criminal Cases, Sherry F. Colb
Cornell Law Faculty Publications
In virtually every jurisdiction in the United States, the law of evidence prohibits parties from offering proof of an individual's general character traits to suggest that, on a specific occasion, the individual behaved in a manner consistent with those traits. In a criminal trial in particular, the law prohibits a prosecutor's introduction of evidence about the defendant's character as proof of his guilt. In this Article, Professor Colb proposes that the exclusion of defendant character evidence is appropriate in one category of cases but inappropriate in another. In the first category, which Professor Colb calls "whodunit" cases, the parties agree …
Finding Gold In The Rainbow Rights Movement, Shayna S. Cook
Finding Gold In The Rainbow Rights Movement, Shayna S. Cook
Michigan Law Review
In her history of the past fifty years of the gay and lesbian civil rights movement, Patricia Cain recounts the litigation successes and failures that contributed to the legal status of gays and lesbians in the Untied States today. Clearly an insider who has marched with the movement every step of the way, Cain provides a comprehensive account of all fronts of the battle in state and federal courts since 1950. But while Rainbow Rights serves as a good primer on the legal challenges and the key themes uniting them, the book reads like an account of a struggle ending …
Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students
Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students
A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)
Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.
Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.
The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).
"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …
Appeal From Jury Or Judge Trial: Defendants' Advantage, Kevin M. Clermont, Theodore Eisenberg
Appeal From Jury Or Judge Trial: Defendants' Advantage, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
The prevailing "expert" opinion is that jury verdicts are largely immune to appellate revision. Using a database that combines all federal civil trials and appeals decided since 1988, we find that jury trials, as a group, are in fact not so special on appeal. But the data do show that defendants succeed more than plaintiffs on appeal from civil trials, and especially from jury trials. Defendants appealing their losses after trial by jury obtain reversals at a 31% rate, while losing plaintiffs succeed in only 13% of their appeals from jury trials. Both descriptive analyses of the results and more …
The Implications Of Kumho Tire: Applying Daubert Analysis To Warning-Label Testimony In Products Liability Cases, Sara K. Ledford
The Implications Of Kumho Tire: Applying Daubert Analysis To Warning-Label Testimony In Products Liability Cases, Sara K. Ledford
Indiana Law Journal
No abstract provided.
Weiland V. Telectronics Pacing Systems, Inc.: Illinois Reexamines Medical Device Preemption, Adrian S. Allen
Weiland V. Telectronics Pacing Systems, Inc.: Illinois Reexamines Medical Device Preemption, Adrian S. Allen
Indiana Law Journal
No abstract provided.
Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch
Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
3rd Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the 3rd Annual Computer & Technology Law Institute held by UK/CLE in March 2001.