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Articles 1 - 9 of 9
Full-Text Articles in Law
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Articles & Chapters
This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …
The Competitiveness Of The U.S. Telecommunications Industry: A New York Case Study, Michael Botein, Alan Pearce
The Competitiveness Of The U.S. Telecommunications Industry: A New York Case Study, Michael Botein, Alan Pearce
Articles & Chapters
No abstract provided.
For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold
For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold
Articles & Chapters
While property scholars have argued persuasively for a unified law of servitudes and for a unified law of defeasible fees, Professor Korngold argues that further unification is necessary: the law should integrate servitudes and defeasible fees involving land use controls. Because these interests are functional equivalents, judicial results should not depend on the historical label attached to the interest. Courts should address the tension between freedom of contract and free alienability values that inhere in both interests. Professor Korngold focuses on significant issues that arise in both defeasible fees and servitudes contexts, including the forfeiture remedy, ownership in gross, permissible …
Gideon's Shelter: The Need To Reorganize A Right To Counsel For Indigent Defendants In Eviction Proceedings, Andrew Scherer
Gideon's Shelter: The Need To Reorganize A Right To Counsel For Indigent Defendants In Eviction Proceedings, Andrew Scherer
Articles & Chapters
No abstract provided.
Restoring The Confrontation Clause To The Sixth Amendment, Randolph N. Jonakait
Restoring The Confrontation Clause To The Sixth Amendment, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
The Future Of Foreign Law Offices In Japan, Sydney M. Cone Iii.
The Future Of Foreign Law Offices In Japan, Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
Responses To World War Two Criminals And Human Rights Violators: National And Comparative Perspectives; European, American, And Canadian Responses (Panel Discussion: Holocaust And Human Rights Law: The First International Conference), Ruti G. Teitel
Articles & Chapters
No abstract provided.
Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger
Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger
Articles & Chapters
No abstract provided.
Law, Litigation And Social Change: A Critical Evaluation Of An Empirical Research Tradition, Frank W. Munger
Law, Litigation And Social Change: A Critical Evaluation Of An Empirical Research Tradition, Frank W. Munger
Articles & Chapters
This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …