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Litigation

1998

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Articles 1 - 30 of 71

Full-Text Articles in Law

Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend Dec 1998

Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend

American University Law Review

No abstract provided.


Evidence—Scientific Evidence: Standard Of Review Raises Questions Of Fit. General Electric Co. V. Joiner, 118 S. Ct. 512 (1997)., Russell D. Marlin Oct 1998

Evidence—Scientific Evidence: Standard Of Review Raises Questions Of Fit. General Electric Co. V. Joiner, 118 S. Ct. 512 (1997)., Russell D. Marlin

University of Arkansas at Little Rock Law Review

No abstract provided.


Coherence And Incoherence In Values-Talk, Paul R. Tremblay Oct 1998

Coherence And Incoherence In Values-Talk, Paul R. Tremblay

Boston College Law School Faculty Papers

No abstract provided.


An Essay On Uncertainty And Fact-Finding In Civil Litigation, With Special Reference To Contract Cases, Alex Stein Jul 1998

An Essay On Uncertainty And Fact-Finding In Civil Litigation, With Special Reference To Contract Cases, Alex Stein

Faculty Scholarship

No abstract provided.


Torts—Dramshop Liability In Arkansas—Illegal Sales Of Liquor To Minors May Expose Alcohol Vendors To Expensive Liability. Shannon V. Wilson, 329 Ark. 143, 947 S.W.2d 349 (1997)., Dustin Blake Mcdaniel Jul 1998

Torts—Dramshop Liability In Arkansas—Illegal Sales Of Liquor To Minors May Expose Alcohol Vendors To Expensive Liability. Shannon V. Wilson, 329 Ark. 143, 947 S.W.2d 349 (1997)., Dustin Blake Mcdaniel

University of Arkansas at Little Rock Law Review

No abstract provided.


Cigarette Law, Daniel Givelber Jul 1998

Cigarette Law, Daniel Givelber

Indiana Law Journal

No abstract provided.


Appellate Procedure, Robin Jean Davis, Louis J. Palmer Jr. Jun 1998

Appellate Procedure, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Agenda: Outdoor Recreation: Promise And Peril In The New West, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Bureau Of Land Management Jun 1998

Agenda: Outdoor Recreation: Promise And Peril In The New West, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Bureau Of Land Management

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

Co-sponsored by the Natural Resources Law Center and the Colorado Bureau of Land Management.

The conference will explore several components of the “promise and peril” of the ongoing outdoor recreation explosion. The conference will begin on the morning of June 8 with a series of introductory presentations designed to place the outdoor recreation movement in a useful historical and socioeconomic context. This material will be followed in the afternoon session by a discussion of environmental impacts of outdoor recreation, recognizing that the diversity and magnitude of impacts is as broad as the industry itself. This discussion will be followed on ...


Legal Issues In Outdoor Recreation: Trends In Litigation, Ted Zukoski Jun 1998

Legal Issues In Outdoor Recreation: Trends In Litigation, Ted Zukoski

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

17 pages.


The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank Apr 1998

The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Failing Faith In Litigation? A Survey Of Business Lawyers' And Executives' Opinions, John M. Lande Apr 1998

Failing Faith In Litigation? A Survey Of Business Lawyers' And Executives' Opinions, John M. Lande

Faculty Publications

To provide a more systematic assessment of contemporary faith in litigation, this article looks at a particular context-- business litigation--and analyzes the opinions of three groups of respondents: lawyers in private law firms who do commercial litigation (“outside counsel”), lawyers employed in business firms who do some litigation (“inside counsel”), and nonlawyer executives in business firms (“executives”). These groups have the greatest exposure to litigation in the corporate setting; furthermore, because they play powerful roles in our political, economic, and social life as well as the legal system, their opinions influence public opinion more generally.


Do Case Outcomes Really Reveal Anything About The Legal System? Win Rates And Removal Jurisdiction, Kevin M. Clermont, Theodore Eisenberg Mar 1998

Do Case Outcomes Really Reveal Anything About The Legal System? Win Rates And Removal Jurisdiction, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

General Observations on Interpreting Win-Rate Data Properly. Many empirical legal studies use data on plaintiffs' rate of success, because of those data's ready availability and apparent import. Yet these "win rates" are probably the slipperiest of all judicial data. Win rates are inherently ambiguous because of the case-selection effect. The litigants' selection of the cases brought produces a biased sample from the mass of underlying disputes. The settlement process, usually conducted by rational and knowledgeable persons who take into account and thereby neutralize the very factor that one would like to study, produces a residue of litigated cases for ...


Plain Meaning, Practical Reason, And Cuplability: Toward A Theory Of Jury Interpretation Of Criminal Statutes, Darryl K. Brown Mar 1998

Plain Meaning, Practical Reason, And Cuplability: Toward A Theory Of Jury Interpretation Of Criminal Statutes, Darryl K. Brown

Michigan Law Review

In one of the few existing recordings of American juries deliberating in an actual criminal case, Wisconsin v. Reed, we observe jurors struggling with how they should apply a statute in a case in which the facts are not in real dispute. The defendant is charged with felon in possession of a gun, and all agree that he has a felony record and owned a pistol until he turned it over to the police upon their request. The statute contains three elements. The defendant must (a) have a felony conviction, (b) have possessed a gun, and (c) have known that ...


Interjurisdictional Preclusion, Howard M. Erichson Feb 1998

Interjurisdictional Preclusion, Howard M. Erichson

Michigan Law Review

Res judicata is hard enough already. Consider it at the interjurisdictional level, and we are asking for headaches. But consider it at that level we must, because litigation trends make interjurisdictional preclusion more important than ever. Lawyers, judges, litigants, and other litigation participants increasingly must contemplate the possibility that a lawsuit will have claim-preclusive or issue-preclusive effect in a subsequent suit in another jurisdiction. With great frequency, multiple lawsuits arise out of single or related transactions or events. Mass tort litigation and complex commercial litigation provide the most emphatic examples, but the phenomenon of multiple related lawsuits extends to every ...


Conflicting Ideologies Of Group Litigation: Who May Challenge Settlements In Class Actions And Derivative Suits?, Susanna Ripken Jan 1998

Conflicting Ideologies Of Group Litigation: Who May Challenge Settlements In Class Actions And Derivative Suits?, Susanna Ripken

Susanna K. Ripken

The article discusses the rights of unnamed class members in class actions and shareholders in corporate derivative suits to appeal court orders approving the settlement of their claims. As representative actions, class actions and derivative suits by definition necessarily determine the rights and duties of absent parties. Unnamed class members and shareholders must rely on the named plaintiff representative to protect their interests, especially when the case is settled prior to a judgment on the merits. The federal courts are sharply divided over the question whether absent parties who are dissatisfied with the class action or derivative suit settlement may ...


Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson Jan 1998

Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson

Ira Steven Nathenson

This Article addresses 'spamdexing,' namely, the practice of stuffing invisible keywords into webpages in order to try to get more favorable listings with search engines. For instance, some website owners will stuff the trademarks of competitors into a webpage’s code, particularly by using 'meta tags,' indexing keywords that can be hidden in a webpage’s source code. Although meta tags are not typically viewed by users, the code can be read by search engines, with the result that webpages may be improperly boosted in search engine rankings. Such practices can confuse the public and have also spurred trademark lawsuits ...


Industrial Espionage As Unfair Competition, Robert L. Tucker Jan 1998

Industrial Espionage As Unfair Competition, Robert L. Tucker

Akron Law Publications

No abstract provided.


Publicity In High Profile Criminal Cases, H. Patrick Furman Jan 1998

Publicity In High Profile Criminal Cases, H. Patrick Furman

Articles

No abstract provided.


A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang Jan 1998

A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang

Articles

Given the importance of private enforcement of federal civil rights laws, Congress and the courts have attempted to encourage plaintiffs' attorneys to accept meritorious civil rights cases through fee shifting and risk multipliers. Recently, however, the Supreme Court has essentially prohibited the use of risk multipliers, thus undercompensating attorneys for the risk of losing civil rights actions and discouraging the filing of such cases. In this Article, Professor Huang develops a new options-based theory of calculating attorney's fees. Professor Huang argues that a lawsuit consists of a sequence of options to continue with the case rather than a once-and-for-all ...


New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra Jan 1998

New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra

Cleveland State Law Review

This paper will explore the libel-proof plaintiff doctrine and examine it in light of traditional standing and jurisdictional principles. Part II of this paper discusses the origin of the libel-proof doctrine and its application. Part III explores the general requirements for diversity actions in the federal district courts, the application of state law to those actions, and the impact of the First Amendment on state libel law. Part IV discusses standing to sue principles and analyzes the libel-proof plaintiff doctrine in light of those principles. Part V discusses some criticisms of the libel-proof plaintiff doctrine. Finally, Part VI concludes that ...


Claims For Damages For Violations Of State Constitutional Rights – Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz Jan 1998

Claims For Damages For Violations Of State Constitutional Rights – Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz

Scholarly Works

No abstract provided.


Third Party Intervention And Joinder As Of Right In International Arbitration: An Infringement Of Individual Contract Rights Or A Proper Equitable Measure?, S. I. Strong Jan 1998

Third Party Intervention And Joinder As Of Right In International Arbitration: An Infringement Of Individual Contract Rights Or A Proper Equitable Measure?, S. I. Strong

Faculty Publications

Arbitration has long been called a creature of contract, a dispute resolution mechanism that has no form or validity outside the four corners of the parties' arbitration agreement. Some feel, however, that it may be time to change this narrow interpretation of arbitration's function and scope, and nowhere is this need for reform more apparent than in the realm of multi-party international disputes. Arbitration has taken on an increasingly important role in international commercial transactions and has become the preferred dispute resolution mechanism in many types of transnational contracts. Although there are any number of reasons why this may ...


Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger Jan 1998

Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger

Faculty Scholarship

No abstract provided.


Enter Yossarian: How To Resolve The Procedural Catch-22 That The Private Securities Litigation Reform Act Creates, Elliott J. Weiss, Janet E. Moser Jan 1998

Enter Yossarian: How To Resolve The Procedural Catch-22 That The Private Securities Litigation Reform Act Creates, Elliott J. Weiss, Janet E. Moser

Washington University Law Review

Section II of this Article sets forth our understanding of what the Reform Act requires a plaintiff to set forth in a complaint to state a valid claim that a corporation has made false or misleading public statements in violation of section 10(b) and Rule 10(b)(5). Section III describes our case study of GTF. Section IV analyzes the options a court would face in a case similar to the "quasi-hypothetical" we studied and suggests the option we believe a court should choose.


The Statutory Safe Harbor For Forward-Looking Statements After Two And A Half Years: Has It Changed The Law? Has It Achieved What Congress Intended?, Richard A. Rosen Jan 1998

The Statutory Safe Harbor For Forward-Looking Statements After Two And A Half Years: Has It Changed The Law? Has It Achieved What Congress Intended?, Richard A. Rosen

Washington University Law Review

This Article examines the safe harbor for projections and forward-looking statements created by the Private Securities Litigation Reform Act of 1995.


“The Private Securities Litigation Reform Act Of 1995—27 Months Later”: Securities Class Action Litigation Under The Private Securities Litigation Reform Act's Brave New World, William S. Lerach Jan 1998

“The Private Securities Litigation Reform Act Of 1995—27 Months Later”: Securities Class Action Litigation Under The Private Securities Litigation Reform Act's Brave New World, William S. Lerach

Washington University Law Review

No abstract provided.


Introduction: The Implication Of The Private Securities Reform Act, Richard H. Walker Jan 1998

Introduction: The Implication Of The Private Securities Reform Act, Richard H. Walker

Washington University Law Review

I'll offer my observations about key activities at both the federal and state levels in the wake of the Reform Act. I'll conclude by offering my opinion about whether, on the current record, the case for preemption has been made.


Heightened Pleading And Discovery Stays: An Analysis Of The Effect Of The Pslra's Internal-Information Standard On '33 And '34 Act Claims, Hillary A. Sale Jan 1998

Heightened Pleading And Discovery Stays: An Analysis Of The Effect Of The Pslra's Internal-Information Standard On '33 And '34 Act Claims, Hillary A. Sale

Washington University Law Review

This Article presents a new model for analyzing securities-fraud claims.


Securities Litigation In State Courts—Something Old, Something New, Something Borrowed, Douglas M. Branson Jan 1998

Securities Litigation In State Courts—Something Old, Something New, Something Borrowed, Douglas M. Branson

Washington University Law Review

Using an old marital saying to title this Article may mislead. In particular, owing to federal legislative attempts to preempt state securities law actions, all may not be, or remain, bliss in the state courts.


Evidence: 1996-1997 Survey Of New York Law, Faust Rossi Jan 1998

Evidence: 1996-1997 Survey Of New York Law, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.