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Articles 1 - 30 of 39
Full-Text Articles in Law
Equal Access To Justice Act, Sidney B. Jacoby
Equal Access To Justice Act, Sidney B. Jacoby
Antioch Law Journal
The new statute entitled the Equal Access to Justice Act 1 (hereinafter Act) is of great importance because it provides, on a three year experimental basis, for the award of possibly large attorneys' fees and other expenses to private parties of modest means in successful civil actions against the government, its agencies or officials. The Act, however, is specifically not applicable in tort actions. 2 The new Act entitles certain private parties prevailing in government litigation to recover attorneys' fees, expert witness fees, and other expenses against the United States, unless the government action was "substantially justified" or "special circumstances …
Adversary Ethics: More Dirty Tricks, Richard H. Underwood
Adversary Ethics: More Dirty Tricks, Richard H. Underwood
Law Faculty Scholarly Articles
In this article the author provides a primer on the more common forms of cheating employed by trial lawyers. Another purpose is to suggest that there are antidotes that may be administered to curb these abuses, assuming that trial attorneys are alert enough to invoke them, and trial judges are willing to apply them.
Standing To Challenge The Tax-Exempt Status Of Racially Discriminatory Private Schools: Wright V. Regan, Jamie D. Scott
Standing To Challenge The Tax-Exempt Status Of Racially Discriminatory Private Schools: Wright V. Regan, Jamie D. Scott
BYU Law Review
No abstract provided.
Mobility Factors In Antitrust Cases: Assessing Market Power In Light Of Conditions Affecting Entry And Fringe Expansion, William H. Wentz
Mobility Factors In Antitrust Cases: Assessing Market Power In Light Of Conditions Affecting Entry And Fringe Expansion, William H. Wentz
Michigan Law Review
To assist courts and litigants in developing and utilizing information on mobility factors in a meaningful manner, I have attempted in this Article to outline a basic approach for analyzing the competitive and efficiency significance of mobility factors in a litigative context. In Part I, I lay the necessary foundation: discussing the importance of mobility factors in accepted economic theory, explaining the sources of the current confusion and controversy about "entry barriers" and deriving from the debate areas of fundamental agreement among economists. Building on this common ground, I develop in Part II a basic approach to consideration of mobility …
Interview Notes Of Government Agents Under The Jencks Act, Michigan Law Review
Interview Notes Of Government Agents Under The Jencks Act, Michigan Law Review
Michigan Law Review
Most courts that have considered the issue have concluded that the Jencks Act does not require the government to retain and produce rough interview notes. This Note examines the language and purpose of the Act to determine whether interview notes should be considered Jencks Act statements. Part I examines the policy underlying the Jencks Act and argues that the majority position sanctioning pre-trial destruction of interview notes conflicts with these statutory purposes. Part II discusses the statutory language and argues that the status of the witness as a government agent or a private individual determines the applicable section of the …
Legal Advocacy, Performance, And Affection, D. Robert Lohn, Milner S. Ball
Legal Advocacy, Performance, And Affection, D. Robert Lohn, Milner S. Ball
Scholarly Works
Professor Geoffrey Hazard's lecture addresses appellate advocacy. That advocate's brief is best, he says, that, short of surrender, concedes most to the opposing party. We assume that Professor Hazard would scarcely have ventured out of New Haven to participate in the distinguished Sibley Lectureship merely to commend to the consideration of the audience an interesting but minor rhetorical ploy. Therefore we read his comments as surely implying more. We interpret his lecture as an invitation to rethink the nature of the courtroom event. The textual openings to our examination of fundamentals are found in various of Professor Hazard's comments--for instance, …
Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood
Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood
Law Faculty Scholarly Articles
This Article addresses the effectiveness of recent developments and proposals related to abusive litigation, and discusses them in the context of recent opinions illustrating the power of the trial judge to control the excesses of the adversary system. It rejects the countersuit as a time-consuming and costly means of controlling litigation abuses, and concludes that “tinkering changes” in the rules of procedure cannot bring about true reform. It is urged here that the burden resulting from abuse of litigation can only be relieved by changes which foster stronger judicial control of adversarial ethics, and greater judicial involvement in the pretrial …
Seizing The Middle Ground Between Rules And Standards In Design Defect Litigation: Advancing Directed Verdict Practice In The Law Of Tort, Aaron Twerski
Faculty Scholarship
No abstract provided.
Standing Versus Justiciability: Recent Developments In Participatory Suits Brought By Congressional Plaintiffs, David G. Mangum
Standing Versus Justiciability: Recent Developments In Participatory Suits Brought By Congressional Plaintiffs, David G. Mangum
BYU Law Review
No abstract provided.
Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel
Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel
Michigan Law Review
We explore in this Article the basis and consequences of the target's suit under the antitrust laws. We approach the question from the perspective of federal antitrust law and state corporation law.
We argue in Part I that the target is a singularly poor "private attorney general" because it is a beneficiary, not a victim, of any violation. An antitrust suit thus must be understood as an attempt by managers to defend their own positions, not as an attempt to vindicate the public interest. In the jargon of antitrust, the target is not a victim of "antitrust injury" and therefore …
Statutory And Common Law Considerations In Defining The Tort Liability Of Public Employee Unions To Private Citizens For Damages Inflicted By Illegal Strikes, Michigan Law Review
Statutory And Common Law Considerations In Defining The Tort Liability Of Public Employee Unions To Private Citizens For Damages Inflicted By Illegal Strikes, Michigan Law Review
Michigan Law Review
This Note argues that in the absence of any clear indication that the legislature intended to bar such suits, courts should uphold private actions whenever plaintiffs can establish the elements of a common-law tort. Part I briefly outlines the various theories supporting the view that public sector collective bargaining statutes preempt private actions. The analysis is necessarily general, but Part I concludes that in most cases neither the language and structure of the applicable statute nor an analogy to federal labor law will resolve the preemption question. Part II, therefore, looks to the policies that animate no-strike provisions and argues …
Introduction: Toward A Sociology Of The Class Action, Bryant G. Garth
Introduction: Toward A Sociology Of The Class Action, Bryant G. Garth
Indiana Law Journal
Symposium: The Sociology of Class Actions
NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982
Class Action Suits And Social Change: The Organization And Impact Of The Hill-Burton Cases, P.A. Paul-Shaheen, Harry Perlstadt
Class Action Suits And Social Change: The Organization And Impact Of The Hill-Burton Cases, P.A. Paul-Shaheen, Harry Perlstadt
Indiana Law Journal
Symposium: The Sociology of Class Actions
NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982
The Institutionalization Of Conflict In The Reform Of Schools: A Case Study Of Court Implementation Of The Parc Decree, Janet Rosenberg, William R.F. Phillips
The Institutionalization Of Conflict In The Reform Of Schools: A Case Study Of Court Implementation Of The Parc Decree, Janet Rosenberg, William R.F. Phillips
Indiana Law Journal
Symposium: The Sociology of Class Actions
NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982
Hypnotically Induced Testimony: Credibility Versus Admissibility, Octavis White
Hypnotically Induced Testimony: Credibility Versus Admissibility, Octavis White
Indiana Law Journal
No abstract provided.
Conclusion: The Mobilizing Potential Of Class Actions, Lynn Mather
Conclusion: The Mobilizing Potential Of Class Actions, Lynn Mather
Indiana Law Journal
Symposium: The Sociology of Class Actions
NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982
Survey Of Developments In The Fourth Circuit: 1981
Survey Of Developments In The Fourth Circuit: 1981
West Virginia Law Review
No abstract provided.
"Value" Judgments: Accounts Receivable Financing And Voidable Preference Under The New Bankruptcy Code, Neil B. Cohen
"Value" Judgments: Accounts Receivable Financing And Voidable Preference Under The New Bankruptcy Code, Neil B. Cohen
Faculty Scholarship
No abstract provided.
Oligopoly, Shared Monopoly, And Antitrust Law, George A. Hay
Oligopoly, Shared Monopoly, And Antitrust Law, George A. Hay
Cornell Law Faculty Publications
No abstract provided.
The Numbers Game: Statistical Inference In Discrimination Cases, David H. Kaye
The Numbers Game: Statistical Inference In Discrimination Cases, David H. Kaye
Michigan Law Review
A Review of Statistical Proof of Discrimination by David Baldus and James Cole
Lawsuit, Michigan Law Review
Lawsuit, Michigan Law Review
Michigan Law Review
A Review of Lawsuit by Stuart M. Speiser
The Use/Nonuse/Misuse Of Applied Social Research In The Courts, Michigan Law Review
The Use/Nonuse/Misuse Of Applied Social Research In The Courts, Michigan Law Review
Michigan Law Review
A Review of The Use/Nonuse/Misuse of Applied Social Research in the Courts edited by Michael J. Saks and Charles H. Baron
The Litigious Society, Michigan Law Review
The Litigious Society, Michigan Law Review
Michigan Law Review
A Review of The Litigious Society by Jethro K. Kieberman
Light-Hearted Thoughts About Discovery Reform, John W. Reed
Light-Hearted Thoughts About Discovery Reform, John W. Reed
Other Publications
I am delighted to be here among friends from various settings and associations over the years. Having been unable to arrive until late last evening, I am in a poor position to offer useful commentary on what has been said here. But no matter-that is not my assignment. You have heard enough words of wisdom for one weekend. My pleasant assignment is to offer some "light-hearted" comments on discovery reform. I hope they do not prove to be "light-headed" as well.
Conclusion: The Mobilizing Potential Of Class Actions, Lynn Mather
Conclusion: The Mobilizing Potential Of Class Actions, Lynn Mather
Journal Articles
No abstract provided.
Jury Selection In Two Countries: A Psychological Perspective, Valerie P. Hans
Jury Selection In Two Countries: A Psychological Perspective, Valerie P. Hans
Cornell Law Faculty Publications
A comparative survey of jury selection practices in Britain and the United States indicates that the two countries differ along a number of dimensions, including the emphasis on the jury selection process in the trial, the amount and type of information available about prospective jurors, and the frequency with which trial lawyers alter the composition of the jury. The probable impact of these differences is analysed by considering the importance of jury composition in determining a jury’s verdict, the effectiveness of lawyers in exercising their challenges, and broader effects of jury selection procedures in the two countries.
Legitimacy In Social Reform Litigation: An Empirical Study, Timothy Wilton
Legitimacy In Social Reform Litigation: An Empirical Study, Timothy Wilton
University of Michigan Journal of Law Reform
This Article undertakes a detailed examination of a single lawsuit, Martin Luther King Junior Elementary School Children v. Ann Arbor School District Board. This study first explores the diversity of interests present among both the plaintiff and defendant groups in King, and analyzes the performance of the attorneys in representing these interests. The Article then turns to the problems of resistance that arise at the decree stage in social reform litigation, and presents an empirical evaluation of the factors influencing the response to judicially mandated relief.
The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel
The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel
UIC Law Review
No abstract provided.
State Court Judgments In Federal Litigation: Mapping The Contours Of Full Faith And Credit, Barbara Ann Atwood
State Court Judgments In Federal Litigation: Mapping The Contours Of Full Faith And Credit, Barbara Ann Atwood
Indiana Law Journal
No abstract provided.
Casenotes: Constitutional Law — Constitutionality Of Double Celling Requires Examination Of Total Prison Conditions. Nelson V. Collins, 659 F.2d 420 (4th Cir. 1981) (En Banc), Harry Levy
University of Baltimore Law Review
No abstract provided.