Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (765)
- Suffolk University (494)
- Selected Works (490)
- University of Colorado Law School (433)
- SelectedWorks (272)
-
- UIC School of Law (269)
- American University Washington College of Law (245)
- Maurer School of Law: Indiana University (202)
- Cornell University Law School (200)
- Pepperdine University (196)
- Case Western Reserve University School of Law (192)
- Seattle University School of Law (180)
- University of Pennsylvania Carey Law School (179)
- Mercer University School of Law (169)
- Brooklyn Law School (147)
- University of Georgia School of Law (112)
- Touro University Jacob D. Fuchsberg Law Center (94)
- University of Washington School of Law (86)
- Vanderbilt University Law School (86)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (83)
- Fordham Law School (82)
- Georgetown University Law Center (82)
- Brigham Young University Law School (81)
- University of New Mexico (77)
- Roger Williams University (74)
- BLR (72)
- The University of Akron (71)
- University of Richmond (70)
- Washington and Lee University School of Law (70)
- University of Arkansas at Little Rock William H. Bowen School of Law (69)
- Keyword
-
- Litigation (689)
- Practice and Procedure (188)
- Evidence (173)
- Courts (159)
- Class actions (144)
-
- Supreme Court (127)
- Civil procedure (125)
- Trials (117)
- Discovery (114)
- Jurisdiction (108)
- United States (106)
- Liability (100)
- Federal Rules of Civil Procedure (99)
- Settlement (95)
- Federal courts (91)
- Juries (91)
- Arbitration (90)
- United States Supreme Court (88)
- Torts (87)
- California (84)
- Dispute resolution (84)
- Judges (83)
- Cleveland v. Cleveland Electric Illuminating Company (CEI) (82)
- Damages (82)
- Legislation (82)
- Jurisprudence (80)
- Colorado (76)
- Corporations (73)
- Lawyers (73)
- Antitrust (70)
- Publication Year
- Publication
-
- Suffolk Journal of Trial and Appellate Advocacy (494)
- Michigan Law Review (434)
- Faculty Scholarship (285)
- UIC Law Review (252)
- Articles (235)
-
- All Faculty Scholarship (199)
- Sustainable Development Law & Policy (189)
- Cornell Law Faculty Publications (186)
- Faculty Publications (171)
- Seattle University Law Review (170)
- Publications (168)
- Mercer Law Review (165)
- Scholarly Works (137)
- City of Cleveland v. The Cleveland Illuminating Company, 1980 (105)
- Pepperdine Law Review (104)
- Indiana Law Journal (89)
- Georgetown Law Faculty Publications and Other Works (77)
- Touro Law Review (75)
- ExpressO (71)
- University of Michigan Journal of Law Reform (70)
- Pepperdine Dispute Resolution Law Journal (67)
- Articles by Maurer Faculty (66)
- Washington Law Review (62)
- Journal Articles (60)
- BYU Law Review (57)
- Vanderbilt Law Review (52)
- The Journal of Appellate Practice and Process (50)
- NYLS Law Review (46)
- Gabriel Martinez Medrano (45)
- Akron Law Review (44)
- Publication Type
Articles 3631 - 3660 of 7308
Full-Text Articles in Law
Empaneling The Peers Of Polluters: Obtaining A Jury Trial Under The Opa And Cercla As Explained In United States V. Viking Resources, Inc., Addison J. Schreck
Empaneling The Peers Of Polluters: Obtaining A Jury Trial Under The Opa And Cercla As Explained In United States V. Viking Resources, Inc., Addison J. Schreck
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Slipping Away From Justice: The Effect Of Attorney Skill On Trial Outcomes, Jennifer B. Shinall
Slipping Away From Justice: The Effect Of Attorney Skill On Trial Outcomes, Jennifer B. Shinall
Vanderbilt Law School Faculty Publications
Just how important is a good attorney? Can a skillful attorney actually change the verdict? More importantly, in criminal trials, can a good defense attorney let guilty people go free, or can a good prosecutor send innocent people to jail? Every day, as more highprofile defendants find themselves in court, the anecdotal evidence of this attorney skill effect continues to mount. Yet no one has decisively answered these questions-not only for high-profile defendants, but for the everyday defendant as well. This Note will argue that a skillful defense attorney is not as powerful as popular opinion would lead us to …
Mastering Foolproof Witness Control On Cross-Examination, Maureen A. Howard
Mastering Foolproof Witness Control On Cross-Examination, Maureen A. Howard
Articles
In the wonderfully entertaining and instructive video, The Ten Commandments of Cross-Examination, the late Irving Younger offered this appraisal of lawyers’ ability to conduct cross-exam: “Most lawyers do it badly all the time, no lawyer does it well all the time, and no lawyer in the early stages of his career does it well at all.” Happily, we’ve come a long way since Younger’s grim 1975 assessment, due to the instruction of maestros like Younger, Terrence McCarthy (McCarthy on Cross-Examination), and Larry Pozner and Roger Dodd (Cross-Examination: Science and Techniques). All too often, however, lawyers …
Response: Anti-Discrimination Law In Peril?, Trina Jones
Response: Anti-Discrimination Law In Peril?, Trina Jones
Faculty Scholarship
No abstract provided.
The Anticipation Misconception, Colin P. Marks
The Anticipation Misconception, Colin P. Marks
Kentucky Law Journal
No abstract provided.
Consent To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella
Consent To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella
Barry Law Review
This article discusses the tri-partite relationship in litigation between insurers, the insured, and retained counsel. This article further discusses the complications for plaintiffs who wish to settle a case with defense counsel retained by the insurance carrier, and the ethical considerations that may arise under the Model Rules of Professional conduct when settlement is at the direction of the insurance carrier.
The 'Show' In The 'Show Trial': Contextualizing The Politicization Of The Courtroom, Awol K. Allo
The 'Show' In The 'Show Trial': Contextualizing The Politicization Of The Courtroom, Awol K. Allo
Barry Law Review
Questioning the indifference of the law to its own normative correctness and its claim to legitimacy, this article explores the epistemological and ontological foundations upon which the concept and lexicon of show trial is predicated. By invoking the theory of performativity, the article distinguishes between the different models of show trials to allow for a more complex and nuanced reading of the particular nature of the show in judicial practices often called ‘show trials.’ By emphasizing the peculiarity of the ‘show’ in each ‘show trial’, the article seeks to reconceptualize the ambit of the criminal trial. Arguing against the emphasis …
Conspicuous Logic: Using The Logical Fallacy Of Affirming The Consequent As A Litigation Tool, Stephen M. Rice
Conspicuous Logic: Using The Logical Fallacy Of Affirming The Consequent As A Litigation Tool, Stephen M. Rice
Barry Law Review
This article will address one of the specific logical fallacies known as the Fallacy of Affirming the Consequent, discuss the place of formal logic in legal reasoning, describe the Fallacy of Affirming the Consequent, demonstrate how courts have explicitly used the fallacy in deciding cases, and detail how litigators can use the Fallacy to win cases.
A Mock Terrorism Application Of The P300-Based Concealed Information Test, John B. Meixner Jr., J. Peter Rosenfeld
A Mock Terrorism Application Of The P300-Based Concealed Information Test, John B. Meixner Jr., J. Peter Rosenfeld
Scholarly Works
Previous studies examining the P300-based concealed information test typically tested for mock crime or autobiographical details, but no studies have used this test in a counterterrorism scenario. Subjects in the present study covertly planned a mock terrorist attack on a major city. They were then given three separate blocks of concealed information testing, examining for knowledge of the location, method, and date of the planned terrorist attack, using the Complex Trial Protocol (Rosenfeld et al., 2008). With prior knowledge of the probe items, we detected 12/12 guilty subjects as having knowledge of the planned terrorist attack with no false positives …
Ghostwriting: Filling In The Gaps Of Pro Se Prisoners' Access To The Courts, Ira P. Robbins
Ghostwriting: Filling In The Gaps Of Pro Se Prisoners' Access To The Courts, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
Compared with other litigants, pro se prisoners are at an inherent disadvan-tage when they try to vindicate their rights. They lack many of the resources enjoyed by non-prisoner litigants. They have limited finances and limited access to legal-research materials. Even if they had such access, their illiteracy would lessen its effectiveness. Moreover, many attorneys are unwilling or unable to undertake full representation of prisoner litigants. As a result, pro se prisoners struggle to navigate the complex legal system, often losing their cases on procedural grounds before ever reaching a decision on the merits. This Article argues that, in order to …
Everyone Knows Medellin; Has Anyone Heard Of O'Brien? Reconciling The United States And The International Community By Amending The Vccr, 43 J. Marshall L. Rev. 817 (2010), Steven M. Novak
UIC Law Review
No abstract provided.
Review Of Labor And Employment Decisions From The United States Supreme Court’S 2008–2009 Term, Kenneth G. Dau-Schmidt, Todd C. Dvorak
Review Of Labor And Employment Decisions From The United States Supreme Court’S 2008–2009 Term, Kenneth G. Dau-Schmidt, Todd C. Dvorak
Articles by Maurer Faculty
In its most recently completed Term, the United States Supreme Court decided eight labor and employment law cases of some consequence. The decided cases covered a broad array of labor and employment subjects, including: the Employee Retirement Income Security Act (ERISA), Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), public sector labor law, and private sector labor law. Practitioners who specialize in a particular area might be tempted to focus on only the cases in their area. Academics might be tempted to try to devise some economic or logical theory …
Uncertainty And The Advantage Of Collective Settlement Symposium: The Limits Of Predictability And The Value Of Uncertainty: Sixteenth Annual Clifford Symposium On Tort Law And Social Policy, Howard M. Erichson
Faculty Scholarship
Judgments are printed in black and white; reality comes in shades of gray. The settlement palette available to negotiating parties, unlike the adjudication palette available to judges and juries, offers a range of grays to suit the realities of uncertain liability, uncertain causation, and uncertain damages. Settlement thus offers certain advantages over adjudication. I am not referring to process advantages, such as speed, economy, privacy, and relationship preservation. Rather, I am referring to the idea that settlements may offer outcomes that more accurately comport with justice under the relevant facts and law. There is, of course, a long-running debate over …
The Pleading Problem In Antitrust Cases And Beyond, Herbert J. Hovenkamp
The Pleading Problem In Antitrust Cases And Beyond, Herbert J. Hovenkamp
All Faculty Scholarship
In its Twombly decision the Supreme Court held that an antitrust complaint failed because its allegations did not include enough “factual matter” to justify proceeding to discovery. Two years later the Court extended this new pleading standard to federal complaints generally. Twombly’s broad language has led to a broad rewriting of federal pleading doctrine.
Naked market division conspiracies such as the one pled in Twombly must be kept secret because antitrust enforcers will prosecute them when they are detected. This inherent secrecy, which the Supreme Court did not discuss, has dire consequences for pleading if too much factual specificity …
Summary Judgment, Pleading, And The Future Of Transsubstantive Procedure, Stephen B. Burbank
Summary Judgment, Pleading, And The Future Of Transsubstantive Procedure, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Distortionary Effect Of Evidence On Primary Behavior, Gideon Parchomovsky, Alex Stein
The Distortionary Effect Of Evidence On Primary Behavior, Gideon Parchomovsky, Alex Stein
All Faculty Scholarship
In this Essay, we analyze how evidentiary concerns dominate actors’ behavior. Our findings offer an important refinement to the conventional wisdom in law and economics literature, which assumes that legal rules can always be fashioned to achieve socially optimal outcomes. We show that evidentiary motivations will often lead actors to engage in socially suboptimal behavior when doing so is likely to increase their likelihood of prevailing in court. Because adjudicators must base decisions on observable and verifiable information—or, in short, evidence—rational actors will always strive to generate evidence that can later be presented in court and increase their chances of …
Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio
Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio
Richmond Public Interest Law Review
Part I will set forth the analytical framework established by the Supreme Court in the RFRA and RLUIPA contexts before 0 Centro." This Part will provide a brief background to RFRA and RLUIPA and set forth the definition of "compelling interest" before 0 Centro. Part II will focus on the decision in 0 Centro; specifically, how the Supreme Court's redefinition of "compelling interest" significantly elevates the government's burden. Part III will compare the government's chance of winning on a "compelling interest" argument before 0 Centro" with the chance of winning in its wake. This Part will discuss the merits, flaws, …
Plausible Screening: A Defense Of Twombly And Iqbal's Plausibility Pleading, Michelle Kallen
Plausible Screening: A Defense Of Twombly And Iqbal's Plausibility Pleading, Michelle Kallen
Richmond Public Interest Law Review
Part I of the article describes the vision of the 1938 reformers and the changes to the litigation landscape since. Part II describes the Twombly and Iqbal cases in relation to prior pleading standards. Part III builds on Twombly and Iqbal's language to set forth an account of plausibility pleadings that addresses the problems with today's system of litigation. Part IV describes some of the major critiques to plausibility pleading and explains why these critiques do not pose a threat to the account of plausibility pleading set forth in Part III.
Virtual Contacts In Patent Cases: How Should Internet-Related Contacts Affect The Personal Jurisdiction Analysis?, Megan M. La Belle
Virtual Contacts In Patent Cases: How Should Internet-Related Contacts Affect The Personal Jurisdiction Analysis?, Megan M. La Belle
Scholarly Articles
In the 1990s, when the Internet was still considered novel, courts struggled with the question of how Internet-related contacts should be treated in the personal jurisdiction analysis. So when Zippo Manufacturing v. Zippo DOT Com established an apparently easy-to-apply test for deciding whether a defendant’s virtual contacts are sufficient for personal jurisdiction, many courts embraced it . To date, however, the Federal Circuit has neither adopted nor rejected the Zippo approach, leaving litigants and lower courts in patent cases with little guidance on the issue. Although a recent decision suggests that the Federal Circuit recognizes the limitations of Zippo, it …
New Pleading, New Discovery, Scott Dodson
New Pleading, New Discovery, Scott Dodson
Michigan Law Review
Pleading in federal court has a new narrative. The old narrative was one of notice, with the goal of broad access to the civil justice system. New Pleading, after the landmark Supreme Court cases of Twombly and Iqbal, is focused on factual sufficiency, with the purpose of screening out meritless cases that otherwise might impose discovery costs on defendants. The problem with New Pleading is that factual insufficiency often is a poor proxy for meritlessness. Some plaintifs lack sufficient factual knowledge of the elements of their claims not because the claims lack merit but because the information they need is …
When The Government Is The Controlling Shareholder: Implications For Delaware, Marcel Kahan, Edward B. Rock
When The Government Is The Controlling Shareholder: Implications For Delaware, Marcel Kahan, Edward B. Rock
All Faculty Scholarship
No abstract provided.
D Is For Digitize: An Introduction, James Grimmelmann
D Is For Digitize: An Introduction, James Grimmelmann
Cornell Law Faculty Publications
This symposium issue of the New York Law School Law Review collects seven articles springing from the D Is for Digitize conference on the Google Books lawsuit and settlement, held at New York Law School October 8-10, 2009. In the spirit of Chaucer's "good feyth," thirty panelists and over one hundred attendees (plus dozens more watching online) gathered to discuss the legal and social issues raised by the proposed settlement. For three days, lawyers, academics, librarians, programmers, and public-interest advocates met for a rich, respectful, and wide-ranging conversation on this once-in-a-lifetime settlement. These articles continue that conversation.
Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim
Procedures For Public Law Remediation In School-To-Prison Pipeline Litigation: Lessons Learned From Antoine V. Winner School District, Catherine Y. Kim
Faculty Scholarship
No abstract provided.
Redeeming The Missed Opportunities Of Shady Grove, Stephen B. Burbank, Tobias Barrington Wolff
Redeeming The Missed Opportunities Of Shady Grove, Stephen B. Burbank, Tobias Barrington Wolff
All Faculty Scholarship
Shady Grove Orthopedic Associates v. Allstate Insurance Co., a closely watched case decided in the 2009–10 Term, presented the Court with an opportunity to speak to two related problems under the Rules Enabling Act that have languished for decades without proper resolution. The first involves a broad interpretive question: How can the limitations on rulemaking authority contained in the Act be applied in a manner that reflects the separation-of-powers concerns that animated them while also exhibiting respect for the state regulatory arrangements that govern much of our economic and social activity? The second problem involves the intersection of the …
Time And The Courts: What Deadlines And Their Treatment Tell Us About The Litigation System, Catherine T. Struve
Time And The Courts: What Deadlines And Their Treatment Tell Us About The Litigation System, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
Piped In: The Tenth Circuit Weighs In On Extending American Pipe Tolling In State Farm Mutual Automobile Insurance Co. V. Boellstorff, Caleb Brown
Oklahoma Law Review
No abstract provided.
Foreword: Procedure As Palimpsest, Catherine T. Struve
Foreword: Procedure As Palimpsest, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
A Decision-Theoretic Rule Of Reason For Minimum Resale Price Maintenance, Thom Lambert
A Decision-Theoretic Rule Of Reason For Minimum Resale Price Maintenance, Thom Lambert
Faculty Publications
This article evaluates these approaches from the perspective of decision theory and, finding each lacking, proposes an alternative approach to structuring the rule of reason governing RPM. Part II sets forth the decision-theoretic perspective, which seeks to maximize the net benefits of liability rules by minimizing the sum of decision and error costs. Part III then evaluates, from the standpoint of decision theory, the proposed approaches to evaluating instances of RPM. Part IV proposes an alternative evaluative approach that is more consistent with decision theory’s insights.
The Conscience Of A Prosecutor, David Luban
The Conscience Of A Prosecutor, David Luban
Georgetown Law Faculty Publications and Other Works
This essay, a version of the 2010 Tabor Lecture at Valparaiso Law School, examines issues about the role of a prosecutor in the adversary system through the lens of the following question: Should a prosecutor throw a case to avoid keeping men who he thinks are innocent in prison? This issue came to prominence in 2008, when Daniel Bibb, a New York City prosecutor, told newspaper reporters that he had done so in connection with a 1991 murder conviction that he had been assigned to reinvestigate after new evidence emerged that the wrong men had been convicted and were serving …
Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz
Constitutional Litigation Under Section 1983 And The Bivens Doctrine In The October 2008 Term, Martin A. Schwartz
Touro Law Review
Section 1983 is the major enforcer of individual federal constitutional rights. It authorizes individuals to enforce their constitutional rights against state and local officials; for example,prison officers and police officers, and against municipalities. It is the most important civil statute in American law. To its credit, the United States Supreme Court understands the significance of § 1983.
For the past three decades, in virtually every single Term of theCourt, it has decided a substantial number of cases dealing with different facets of § 1983 litigation. Last Term, there was anunusual number of § 1983 decisions rendered by the United States …