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Litigation

2002

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Articles 1 - 30 of 106

Full-Text Articles in Law

International Civil Litigation In China: A Practical Analysis Of The Chinese Judicial System, Mo Zhang Dec 2002

International Civil Litigation In China: A Practical Analysis Of The Chinese Judicial System, Mo Zhang

Boston College International and Comparative Law Review

In recent years, international civil litigation in China has been on the rise. This trend will inevitably continue with China's entry into the World Trade Organization. Given the increase of foreign businesses in China, a better understanding of the Chinese judicial system becomes essential to protect foreign business interests. Jurisdiction, choice of law, and enforcement of judgments are three primary concerns of foreign parties seeking judicial relief and remedies in China. Questions commonly asked include: what are the bases for a Chinese People's Court to assert jurisdiction over foreign parties; what are the standards to determine judicial competence ...


Litigation Realities, Kevin M. Clermont, Theodore Eisenberg Nov 2002

Litigation Realities, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

After both summarizing recent empirical work and presenting new observations on each of the six phases of a civil lawsuit (forum, pretrial, settlement, trial, judgment, and appeal), the authors draw a series of lessons for understanding and using empirical methods in the study of the legal system's operation. In so doing, they generate implications for current and projected policy debates concerning litigation, while identifying areas that demand further empirical work.


Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr. Oct 2002

Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr.

Faculty Publications

Critics of medical malpractice litigation believe that expert testimony is often anecdotal and biased. To remedy this problem, several have recently suggested that attorneys should provide and courts should seek reliable empirical evidence of actual clinical norms. Their suggestion should be welcomed. If our expectations are realistic and the design pitfalls are avoided, greater use of use of empirical research will improve the fairness of malpractice adjudication. At least in theory, it could be useful in both the "easy" cases (where it reveals that a consensus standard of care exists) and also some of the harder cases (where clinical practices ...


To Sanction Or Not To Sanction: Why Arguing Against The Court's Precedent Is Not An Automatic Rule 11 Violation According To Hunter V. Earth-Grains Co. Bakery, William H. Pate Oct 2002

To Sanction Or Not To Sanction: Why Arguing Against The Court's Precedent Is Not An Automatic Rule 11 Violation According To Hunter V. Earth-Grains Co. Bakery, William H. Pate

Campbell Law Review

No abstract provided.


Misclassifying Monetary Restitution, Colleen P. Murphy Oct 2002

Misclassifying Monetary Restitution, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


Maintaining The Adversarial System: The Practice Of Allowing Jurors To Question Witnesses During Trial, Kristen Debarba Oct 2002

Maintaining The Adversarial System: The Practice Of Allowing Jurors To Question Witnesses During Trial, Kristen Debarba

Vanderbilt Law Review

A defendant sits in the witness stand undergoing examination by his attorney. He is accused of armed robbery, among other criminal acts. During the course of the defendant's testimony, a juror blurts out that he has a question. The judge tells the juror to write his question down and advises the juror that he will be able to ask his question upon completion of the attorneys' examinations. When the juror's question is finally asked, the judge indicates to the defendant's attorney that the attorney should address the matter raised by the juror on reexamination. During the reexamination ...


Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson Oct 2002

Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson

The Journal of Appellate Practice and Process

No abstract provided.


Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy Oct 2002

Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy

The Journal of Appellate Practice and Process

No abstract provided.


An Argument For Reviving The Actual Futility Exception To The Supreme Court's Procedural Default Doctrine, Brent E. Newton Oct 2002

An Argument For Reviving The Actual Futility Exception To The Supreme Court's Procedural Default Doctrine, Brent E. Newton

The Journal of Appellate Practice and Process

No abstract provided.


Educational Jujitsu: How School Finance Lawyers Learned To Turn Standards And Accountability Into Dollars, Michael Heise Oct 2002

Educational Jujitsu: How School Finance Lawyers Learned To Turn Standards And Accountability Into Dollars, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


Tailored Police Testimony At Suppression Hearings, Joel Atlas Oct 2002

Tailored Police Testimony At Suppression Hearings, Joel Atlas

Cornell Law Faculty Publications

Whether a court must suppress evidence typically turns on the conduct or observations of the police officer who discovered the evidence. By falsely testifying to the facts surrounding the discovery of the evidence, a police officer may validate a blatantly unconstitutional search. New York courts have long recognized that police officers sometimes fabricate suppression testimony to meet constitutional restrictions. Indeed, the Appellate Division has rejected police testimony at suppression hearings where the officer’s testimony appears to have been “patently tailored to nullify constitutional objections.” Although, to be sure, rejections are rare and their number appears to be declining, the ...


Risky Business: Attorney Liability In Insurance Defense Litigation-A Review Of The Arizona Supreme Court's Decision In Paradigm Insurance Co. V. Langerman Law Offices Sep 2002

Risky Business: Attorney Liability In Insurance Defense Litigation-A Review Of The Arizona Supreme Court's Decision In Paradigm Insurance Co. V. Langerman Law Offices

BYU Law Review

No abstract provided.


Public Interest Groups' Litigation Alternatives, Jaclyn S. Wanemaker Sep 2002

Public Interest Groups' Litigation Alternatives, Jaclyn S. Wanemaker

Buffalo Public Interest Law Journal

No abstract provided.


The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay Aug 2002

The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich Aug 2002

Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Cornell Law Faculty Publications

Many people rely on mental shortcuts, or heuristics, to make complex decisions, but this sometimes leads to inaccurate inferences, or cognitive illusions. A recent study suggests such cognitive illusions influence judicial decision making.


No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan Aug 2002

No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan

Michigan Law Review

In an increasingly common litigation strategy, plaintiffs in Patrickson v. Dole Food Company, laborers in the banana industries of Costa Rica, Ecuador, Guatemala and Panama, brought a classaction suit in Hawaii state court against Dole Food and other defendants. Plaintiffs brought only state law causes of action, alleging that they had been harmed by Dole Food's use of DBCP, a toxic pesticide banned from use in the United States. Dole Food removed the case to federal district court seeking the procedural advantages of a federal forum, as corporate defendants facing alien tort plaintiffs seeking redress for overseas conduct invariably ...


Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein Jul 2002

Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein

Faculty Scholarship

No abstract provided.


"Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster": The Necessity Of Maintaining And Narrowing The Welcomeness Requirement In Sexual Harassment Suits, Leigh A. Salmon Jul 2002

"Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster": The Necessity Of Maintaining And Narrowing The Welcomeness Requirement In Sexual Harassment Suits, Leigh A. Salmon

Indiana Law Journal

No abstract provided.


Asbestos Litigation Gone Mad: Exposure-Based Recovery For Increased Risk, Mental Distress, And Medical Monitoring, James A. Henderson Jr., Aaron Twerski Jul 2002

Asbestos Litigation Gone Mad: Exposure-Based Recovery For Increased Risk, Mental Distress, And Medical Monitoring, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.


The Courts, Educational Policy, And Unintended Consequences, Michael Heise Jul 2002

The Courts, Educational Policy, And Unintended Consequences, Michael Heise

Cornell Law Faculty Publications

Recent school finance litigation illustrates yet again how law can generate unintended policy consequences. Seeking to improve student achievement and school accountability, more states now turn to educational standards and assessments. At the same time, a multi-decade school finance litigation effort develops and changes its theoretical base. Recently, educational standards and school finance litigation converged in a way that enables school districts to gain financially from their inability to meet desired achievement levels. Specifically, courts increasingly allow litigants and lawsuits to transform standards and assessments into constitutional entitlements to additional resources. As a consequence, increased legal and financial exposure for ...


A "Keene" Story, Eugene R. Anderson Jun 2002

A "Keene" Story, Eugene R. Anderson

Nevada Law Journal

No abstract provided.


The Saga Of Gracie Terrace, Thomas R. Newman, Maro A. Goldstone Jun 2002

The Saga Of Gracie Terrace, Thomas R. Newman, Maro A. Goldstone

Nevada Law Journal

No abstract provided.


Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai Jun 2002

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

American University Law Review

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for ...


You Can’T Tear It Down: The Origins Of The D.C. Historic Preservation Act, Jeremy W. Dutra May 2002

You Can’T Tear It Down: The Origins Of The D.C. Historic Preservation Act, Jeremy W. Dutra

Georgetown Law Historic Preservation Papers Series

No abstract provided.


Ethics Of Enterprise Liability In Product Design And Marketing Litigation, James A. Henderson Jr. May 2002

Ethics Of Enterprise Liability In Product Design And Marketing Litigation, James A. Henderson Jr.

Cornell Law Faculty Publications

American courts talk as though they are imposing strict enterprise liability on product manufacturers, but in truth they do so only with respect to manufacturing defects. In product design and marketing litigation, manufacturers' liability is based on fault. The reason why strict liability is inappropriate for the generic product hazards associated with design and marketing is that, in sharp contrast to manufacturing defects, the conditions necessary for insurance to function are not satisfied. Users and consumers control generic product risks to a sufficiently great extent that any insurance scheme based on strict enterprise liability would be destroyed by combinations of ...


The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins Apr 2002

The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins

University of Arkansas at Little Rock Law Review

No abstract provided.


A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich Apr 2002

A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich

University of Arkansas at Little Rock Law Review

No abstract provided.


Freestyle Lawyering: Taking An Expedited Appeal In The New York State Courts, Alicia R. Ouellette Apr 2002

Freestyle Lawyering: Taking An Expedited Appeal In The New York State Courts, Alicia R. Ouellette

The Journal of Appellate Practice and Process

No abstract provided.


Expedited Appeals In Kentucky, Susan Hanley Kosse, Kristen S. Miller Apr 2002

Expedited Appeals In Kentucky, Susan Hanley Kosse, Kristen S. Miller

The Journal of Appellate Practice and Process

No abstract provided.


The Expedited Appeals Process For The District Of Columbia Court Of Appeals, Bonny L. Tavares Apr 2002

The Expedited Appeals Process For The District Of Columbia Court Of Appeals, Bonny L. Tavares

The Journal of Appellate Practice and Process

No abstract provided.