Law Commons^™

Misuse Of The Antitrust Laws: The Competitor Plaintiff, Edward A. Snyder, Thomas E. Kauper

Michigan Law Review

In this article we ask (1) under what circumstances are competitor suits meritorious, and (2) do existing rules, such as those requiring proof of market power or other so-called filters and the requirement that plaintiffs suffer "antitrust injury," afford a reasonable prospect of eliminating anticompetitive misuses of the remedy by competitor plaintiffs? We evaluate a sample of seventy-four cases in which plaintiffs sued their rivals to learn how competitor plaintiffs use the private antitrust remedy. And because many of these cases allege anticompetitive exclusionary practices, we consider how recent theories of exclusionary practices may be used to support competitor claims. …

Personal Jurisdiction Over Aliens In Patent Infringement Actions: A Uniform Approach Toward The Situs Of The Tort, David Wille

Michigan Law Review

This Note examines current approaches to the question of personal jurisdiction over alien patent infringers. Part I describes personal jurisdiction requirements in the context of patent infringement suits against aliens. The leading case addressing these requirements has been interpreted differently by several courts, thus resulting in conflicting outcomes. Part II explains the current controversy over the locus of the tort of patent infringement. The three different modes of reasoning currently used by courts to determine the locus of the tort would allow immunity from suit for the alien in at least two hypothetical cases. This Part concludes that in order …

Appellate Practice And Procedure, Marion T. Pope Jr., Ann H. Kelley

Mercer Law Review

Practitioners in Georgia's state appellate courts recognize that the most important step in the appellate process is to first ascertain the proper procedure to insure that their appeal is properly before the court, Because the statutory and decisional law governing appellate practice and procedure is not immutable, the appellate practitioner must consistently strive to stay abreast of the law in this area. With these thoughts in mind, this Article will survey selected opinions of Georgia's state appellate courts pertaining to appellate practice and procedure rendered during the period from June 1, 1988 to May 31, 1991. The Article will also …

Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

For over one hundred years American courts expanded the rights of plaintiffs in products liability cases. First the courts eliminated the privity requirement, next the necessity of proving fault, and finally, the necessity of proving a production defect. The next logical step in this progression would be to eliminate the need to show any type of defect at all. In this Article, Professors Henderson and Twerski assert that this step cannot and will not be taken. They explore both the possibility of across-the-board liability without defect and the more limited idea of product-category liability without defect. They describe how a …

Litigation, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Litigation, E. D'Angelo, R. Fellmeth, V. Rabago

California Regulatory Law Reporter

No abstract provided.

Trial Practice And Procedure, Molly Townes O'Brien

Mercer Law Review

If "[t]he history of liberty has largely been the history of the observance of procedural safeguards," then 1990 should be regarded as a fine year in the history of liberty. In this year's rulings, the Eleventh Circuit required the district courts to scrutinize in forma pauperis complaints carefully before dismissing them as frivolous and demanded that pro se parties receive express written notice that they must file affidavits in response to a motion for summary judgment. The Eleventh Circuit was also unusually receptive this year to claims by nonresident defendants that the court's exercise of personal jurisdiction over them would …

The Public Interest: A Matter Of Discretion?, R. Keith Higginson

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

15 pages.

Federal Regulatory Interests In Water, Patricia Sanderson Port

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

39 pages.

Contains references.

Dam Fights And Water Policy In California: 1969-1989, Harrison C. Dunning

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

49 pages (includes illustrations and maps).

Contains references.

Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

5 pages.

Negotiating An Indian Water Rights Settlement: The Colorado Ute Indian Experience, Lois G. Witte

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

28 pages.

Pyramid Lake Negotiated Settlement: Overview And Perspective, Joe Ely

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

20 pages.

The 1990 Fort Hall Water Rights Agreement: A Study In The Federal Trust Responsibility, Indian Self-Determination, And Water Rights Settlement, John S. Bushman

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

171 pages.

Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

26 pages.

Colorado’S Law Of “Underground Water”: A Look At The South Platte Basin & Beyond, Lawrence J. Macdonnell

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

50 pages (includes illustrations and maps).

Contains footnotes.

Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, Charles F. Wilkinson and Richard B. Collins.

Pressures of population, drought, and changing water use have provided the impetus for numerous innovations in water law and management in recent years. The Center's annual conference June 5-7, 1991, will look at innovation and change in five areas--water planning, special water management areas, negotiated settlements of tribal water rights, conjunctive use of ground and surface water, and public values in water decision making. Each session will begin with talks by experts from several western …

Kansas Intensive Groundwater Use Control Areas, David L. Pope

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

22 pages (includes maps).

Contains references.

Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Litigation, E. Angelo, J. Miller, V. Rabago

California Regulatory Law Reporter

No abstract provided.

The World In Our Courts, Stephen B. Burbank

Michigan Law Review

A Review of International Civil Litigation in United States Courts: Commentary and Materials by Gary B. Born and David Westin

The American Jury At Twenty-Five Years, Valerie P. Hans, Neil Vidmar

Cornell Law Faculty Publications

The year 1991 marks the twenty-fifth anniversary of the publication of Harry Kalven, Jr. and Hans Zeisel's classic work, The American Jury. Arguably one of the most important books in the field of law and social science, this research monograph began the modrn field of jury studies and deeply influenced contemporary understanding of the jury as an institution.

In this essay we assess the book from the vantage point of a quarter- century. First, we provide a historical backdrop by reviewing the activities of the University of Chicago's Jury Project that led to the publication of The American Jury …

United States Department Of Labor V. Triplett: Black Lung Claimants Will Continue To Suffer From A Lack Of Legal Representation, Robert A. Campbell

West Virginia Law Review

No abstract provided.

The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings

Brigham Young University Journal of Public Law

No abstract provided.

Comparative Negligence In Suits Against Accountants: A Statutory And Policy Analysis, Dennis V. Dahle

Brigham Young University Journal of Public Law

No abstract provided.

Telling Stories: The Spoken Narrative Tradition In Criminal Defense Discourse, Laura Gardner Webster

Mercer Law Review

Near the end of the Criminal Procedure course that I teach, I assigned the case of Cuyler v. Sullivan, a treacherously complex decision grounded in the sixth amendment right to conflict-free counsel in criminal trials. While the case demonstrates the intricacies of federal habeas corpus review of state criminal convictions, I do not find it absorbing for that reason. I assign it because the respondent, John Sullivan, having successfully urged his claim before the United States Supreme Court, died in the jail in which he had spent most of the previous twenty years of his life.

Building The Powerfully Persuasive Criminal Defense, Stephen C. Rench

Mercer Law Review

The persuasive case remains the foundation and sine qua non of trial advocacy. The importance of building the persuasive case first cannot be overestimated, for everything else flows 'from the thoroughly prepared and developed case. It furnishes the essential solid foundation from which the lawyer works in evaluating, negotiating, and when necessary, preparing the individual phases of the trial; The purpose of this Article is to describe the persuasive case and then to set forth a system and process for the building of that persuasive criminal defense case.

Opening Statements, Robert B. Hirschhorn

Mercer Law Review

As we begin the last decade of the twentieth century, we are experiencing a revolution in the courtroom. The techniques of the old guard must give way to new and innovative means of motivating our captive audience called the jury. I will not engage in a legal treatise of the opening statement. Few cases have ever been reversed on error committed during the opening statement. Instead, I intend to address the humanistic factors that make the difference between a losing and a winning opening statement. Some cases have been lost because of an ineffective opening, but a disproportionate number of …

Calling Your Attention To The Direct Examination: How To Avoid The What Happened Next Question, Christina L. Hunt

Mercer Law Review

When presenting a direct examination, whether it'is the testimony of your client or of another witness, you must remember one thing-prepare your case. Without preparation, a number of consequences inevitably follow:

1. you will definitely lose your client's case;
2. your client will call you every day and drive you insane;
3. your client will then proceed to the penitentiary;
4. he will say unflattering things' about you (and you will deserve it);
5. you will lose potential new clients;
6. he will file habeas corpus papers pro se;
7. he also will sue you for millions of dollars, and, he will do that pro …