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Articles 31 - 60 of 119
Full-Text Articles in Law
"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose
"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose
The Journal of Appellate Practice and Process
No abstract provided.
Freestyle Lawyering: Taking An Expedited Appeal In The New York State Courts, Alicia R. Ouellette
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.
To Expediency And Beyond: Vermont's Rocket Docket, Tracy Bach
To Expediency And Beyond: Vermont's Rocket Docket, Tracy Bach
The Journal of Appellate Practice and Process
No abstract provided.
A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich
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.
Studying Labor Law And Human Resources In Rhode Island, Stewart J. Schwab
Studying Labor Law And Human Resources In Rhode Island, Stewart J. Schwab
Cornell Law Faculty Publications
Our task today is to celebrate, inaugurate, and educate. Lawyers demanded the education part of the talk because they love double counting whenever possible. The lawyers in our audience get Continuing Legal Education credits for attending. That's just one illustration of how to think like a lawyer--kill as many birds with as few stones as possible.
Lawyers are often accused of talking in an arcane language that no one else can understand. Labor-relations people are sometimes thought to be either pie-in-the-sky optimists or Marxist-inspired anarchists. Human-relations professionals are sometimes said to be hypocrites giving a fake smile to employees while …
The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins
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.
Welfare Implications Of Costly Litigation Under Strict Liability, Keith N. Hylton
Welfare Implications Of Costly Litigation Under Strict Liability, Keith N. Hylton
Faculty Scholarship
This article examines a model of strict liability with costly litigation and presents conditions under which (1) potential injurers take optimal precautions, (2) increasing the cost of litigation enhances precaution and social welfare, (3) the optimal level of liability exceeds the compensatory level, and (4) increasing the rate of settlement enhances social welfare. The results have implications for controversies surrounding fee shifting, optimal damage awards (e.g., punitive damages), and the social desirability of settlement. The most striking implication is that fee shifting in favor of prevailing plaintiffs is socially desirable in low-transaction-cost settings.
The Preparatory Commission For The International Criminal Court, Valerie Oosterveld
The Preparatory Commission For The International Criminal Court, Valerie Oosterveld
Law Publications
As it becomes increasingly clear that the International Criminal Court will be set up in the near future, it is important to reflect on the work of the Preparatory Commission for the International Criminal Court. When the Rome Statute was being negotiated, it became very clear that additional documents would be necessary in order to create a fully functioning ICC. At the time, eight such documents were identified and included in Resolution F of the Final Act of the Rome Diplomatic conference. As work on these documents nears completion, States have begun to consider the practicalities of setting up the …
Juries, Judges, And Punitive Damages: An Empirical Study, Theodore Eisenberg, Neil Lafountain, Brian Ostrom, David Rottman, Martin T. Wells
Juries, Judges, And Punitive Damages: An Empirical Study, Theodore Eisenberg, Neil Lafountain, Brian Ostrom, David Rottman, Martin T. Wells
Cornell Law Faculty Publications
This Article, the first broad-based analysis of punitive damages in judge-tried cases, compares judge and jury performance in awarding punitive damages and in setting their levels. Data covering one year of judge and jury trial outcomes from forty-five of the nation's largest counties yield no substantial evidence that judges and juries differ in the rate at which they award punitive damages or in the central relation between the size of punitive awards and compensatory awards. The relation between punitive and compensatory awards in jury trials is strikingly similar to the relation in judge trials. For a given level of compensatory …
A Common Carrier Approach To Internet Interconnection, James B. Speta
A Common Carrier Approach To Internet Interconnection, James B. Speta
Federal Communications Law Journal
This Article argues that some generalized interconnection rules are broadly appropriate. Specifically, some lessons learned from the ancient regime of common carrier regulation provide the appropriate regulatory foundation for the modern Internet. Since at least the middle ages, most significant carriers of communications and commerce have been regulated as common carriers. Common carrier rules have resolved the disputed issues of duty to serve, nondiscrimination, and interconnection. These were the problems of seventeenth-century ferry owners and innkeepers, eighteenth-century steamships, nineteenth-century railroads, and twentieth-century telephone networks. They are similar to the problems of the twenty-first-century Internet, and similar rules can govern its …
Awakening Hong Kong's Sleeping Lion: A Case For Increased Use Of O 62 R 8, Gregor A. Hensrude
Awakening Hong Kong's Sleeping Lion: A Case For Increased Use Of O 62 R 8, Gregor A. Hensrude
Washington International Law Journal
Hong Kong, like much of the world, is facing public criticism about the operation and accessibility of its civil litigation system. One judge and scholar has suggested increased use of a litigation rule requiring solicitors to pay any costs wasted by their misconduct. By comparing this rule to its counterparts in the United Kingdom and the United States, it becomes apparent that such a solution could work to improve litigation in Hong Kong. Increased use of the rule would compensate parties injured by abusive litigation tactics and deter solicitors from engaging in misconduct to line their pockets or win for …
International Parallel Litigation – A Survey Of Conventions And Model Laws, James George
International Parallel Litigation – A Survey Of Conventions And Model Laws, James George
James P. George
No abstract provided.
The Communities That Make Standards Of Care Possible, Anita Bernstein
The Communities That Make Standards Of Care Possible, Anita Bernstein
Faculty Scholarship
No abstract provided.
Table Of Contents, Jtaa Editors
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Jumping The Distinctiveness Hurdle: Registrability Of Trademarks With High Technology Word Compositions, Elizabeth A. Shaw
Jumping The Distinctiveness Hurdle: Registrability Of Trademarks With High Technology Word Compositions, Elizabeth A. Shaw
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Front Matter, Jtaa Editors
Front Matter, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Revisiting Expert Testimony On The Reliability Of Eyewitness Identification, Jeremy C. Bucci
Revisiting Expert Testimony On The Reliability Of Eyewitness Identification, Jeremy C. Bucci
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Editor's Note, Ronald Barriere
Editor's Note, Ronald Barriere
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Circuit Court Interpretations Of What Constitutes A Successive Habeas Corpus Motion Under The Anti-Terrorism And Effective Death Penalty Act Of 1996, Craig Iannini
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Hysteria Trumps First Amendment: Balancing Student Speech With School Safety, Kathryn E. Mcintyre
Hysteria Trumps First Amendment: Balancing Student Speech With School Safety, Kathryn E. Mcintyre
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
A Refusal To Produce Corporate Documents: The Fifth Amendment's Protection Of Former Employees, Aaron Finesilver
A Refusal To Produce Corporate Documents: The Fifth Amendment's Protection Of Former Employees, Aaron Finesilver
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Family Law: Side-Stepping The Marriage Laws: The Contradiction Created By The Texas Appeals Court In Littleton V. Prange, Shawn Richard Perreault
Family Law: Side-Stepping The Marriage Laws: The Contradiction Created By The Texas Appeals Court In Littleton V. Prange, Shawn Richard Perreault
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Interpreting Rule 60(B)(6) Of The Federal Rules Of Civil Procedure: Limitations On Relief From Judgments For Any Other Reason, Mary C. Cavanagh
Interpreting Rule 60(B)(6) Of The Federal Rules Of Civil Procedure: Limitations On Relief From Judgments For Any Other Reason, Mary C. Cavanagh
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Antitrust, Health Care Quality, And The Courts, Peter J. Hammer, William M. Sage
Antitrust, Health Care Quality, And The Courts, Peter J. Hammer, William M. Sage
Law Faculty Research Publications
Antitrust law represents the principal legal tool that the United States employs to police private markets, yet it often relegates quality and nonprice considerations to a secondary position. While antitrust law espouses the belief that vigorous competition will enhance quality as well as price, little evidence exists of the practical ability of courts to deliver on that promise. In this Article, Professors Hammer and Sage examine American health care as a vehicle for advancing understanding of the nexus among competition, quality, and antitrust law. The Article reports the results of a comprehensive empirical review of judicial opinions in health care …
Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank
Semtek, Forum Shopping, And Federal Common Law, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Joseph Henry Lumpkin Inn Of Court Team Members 2002-2003, Kellie Casey Monk
Joseph Henry Lumpkin Inn Of Court Team Members 2002-2003, Kellie Casey Monk
Materials from All Student Organizations
No abstract provided.
Rediscovering Discovery: State Procedural Rules And The Level Playing Field, Seymour Moskowitz
Rediscovering Discovery: State Procedural Rules And The Level Playing Field, Seymour Moskowitz
Law Faculty Publications
In the modern era of few trials, the pretrial process is critical to the disposition of most cases. Discovery has been a fiercely debated subject for may years. Many commentators believe that discovery has become too expensive, very time consuming, and often abusive. Others disagree, and articulate an entirely different diagnosis of the problems in our civil justice system. Regardless, the scope of discovery, and the process for undertaking it, create predictable advantages and disadvantages for many types of litigants. Although state courts dispose of the vast majority of cases in the United States, academic writings on procedural matters, particularly …
U.S. Jury Reform: The Active Jury And The Adversarial Ideal, Valerie P. Hans
U.S. Jury Reform: The Active Jury And The Adversarial Ideal, Valerie P. Hans
Cornell Law Faculty Publications
In many countries, lay people participate as decision makers in legal cases. Some countries include their citizens in the justice system as lay judges or jurors, who assess cases independently. The legal systems of other nations combine lay and law-trained judges who decide cases together in mixed tribunals. The International Conference on Lay Participation in the Criminal Trial in the 21st Century provided useful contrasts among different methods of incorporating lay voices into criminal justice systems worldwide. Systems with inquisitorial methods are more likely to employ mixed courts, whereas adversarial systems more often use juries. Research presented at the Conference …
Washington Practice Materials, Nancy Mcmurrer
Washington Practice Materials, Nancy Mcmurrer
Librarians' Chapters in Books
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Plaintiphobia In The Appellate Courts: Civil Rights Really Do Differ From Negotiable Instruments, Kevin M. Clermont, Theodore Eisenberg
Plaintiphobia In The Appellate Courts: Civil Rights Really Do Differ From Negotiable Instruments, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
Professors Clermont and Eisenberg conducted a systematic analysis of appellate court behavior and report that defendants have a substantial advantage over plaintiffs on appeal. Their analysis attempted to control for different variables that may affect the decision to appeal or the appellate outcome, including case complexity, case type, amount in controversy, and whether there had been a judge or a jury trial. Once they accounted for these variables and explored and discarded various alternate explanations, they came to the conclusion that a defendants' advantage exists probably because of appellate judges' misperceptions that trial level adjudicators are pro-plaintiff.