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Full-Text Articles in Law
Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond
Merton And The Hot Tub: Scientific Conventions And Expert Evidence In Australian Civil Procedure, Gary Edmond
Law and Contemporary Problems
Recently in Australia, common-law judges began to modify the way expert evidence is prepared and presented. Judges from a range of civil jurisdictions have conscientiously sought to reduce expert partisanship and the extent of expert disagreement in an attempt to enhance procedural efficiency and improve access to justice. One of these reforms, concurrent evidence, enables expert witnesses to participate in a joint session with considerable testimonial latitude. This represents a shift away from an adversarial approach and a conscientious attempt to foster scientific values and norms. Here, Edmond describes how changes to Australian civil procedure, motivated by judicial concerns about …
The Revocability Of Contract Provisions Controlling Resolution Of Future Disputes Between The Parties, Paul D. Carrington, Paul Y. Castle
The Revocability Of Contract Provisions Controlling Resolution Of Future Disputes Between The Parties, Paul D. Carrington, Paul Y. Castle
Law and Contemporary Problems
The Supreme Court has vastly expanded the applicability of arbitration legislation, making it applicable to many types of contracts to which the application of the revocability doctrine would make better sense. This article corrects the misunderstanding of the policies served by the common law rule and suggests the rule's revival for application to many of the contracts to which the Supreme Court has expanded the application of the Federal Arbitration Act.
Correcting Federalism Mistakes In Statutory Interpretation: The Supreme Court And The Federal Arbitration Act, David S. Schwartz
Correcting Federalism Mistakes In Statutory Interpretation: The Supreme Court And The Federal Arbitration Act, David S. Schwartz
Law and Contemporary Problems
The current judicial treatment of the Federal Arbitration Act is an embarrassment to a Supreme Court whose majority is supposed to be leading a federalism revival, if not a federalism revolution. In 1984, in Southland Corp. v. Keating, the Court held that the FAA is substantive federal law that preempts state laws regulating arbitration agreements. The Court thereby transformed a quaint, 60-year-old procedural statute into "a permanent, unauthorized eviction of state-court power to adjudicate a potentially large class of disputes," as well as an eviction of state lawmaking power over the traditional state domain of contract law. Even worse, Southland …
The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz
The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz
Law and Contemporary Problems
This article critically examines a sampling of arbitration agreements and the rules of the major arbitration service providers and concludes that the cost of arbitration is often prohibitively high, either because consumers simply cannot afford the fees attendant to filing and prosecuting a claim or because the costs of bringing a claim outweigh the benefits of any potential remedies.
Control Over Dispute-System Design And Mandatory Commercial Arbitration, Lisa B. Bingham
Control Over Dispute-System Design And Mandatory Commercial Arbitration, Lisa B. Bingham
Law and Contemporary Problems
This article argues that mandatory arbitration is not itself the problem. The problem is instead that in some instances, one party to the dispute has exclusive control of the design of the dispute-resolution system. Consequently, research on mandatory arbitration should concentrate on who is structuring it, how they structure it, why this is so and how these choices affect dispute outcomes.
Contracting With Tortfeasors: Mandatory Arbitration Clauses And Personal Injury Claims, Elizabeth G. Thornburg
Contracting With Tortfeasors: Mandatory Arbitration Clauses And Personal Injury Claims, Elizabeth G. Thornburg
Law and Contemporary Problems
This article examines some of the cases in which courts have enforced arbitration clauses in personal injury litigation and considers why courts have reached the outcomes they have. It evaluates the ways that arbitration can disturb the traditional values of procedural justice, contractual fairness and the enforcement of tort-based duties. It suggests changes in the law regarding mandatory arbitration of personal injury claims and explores the extent to which change is possible.
A Modest Reform For Federal Procedural Rulemaking, Carl Tobias
A Modest Reform For Federal Procedural Rulemaking, Carl Tobias
Law and Contemporary Problems
No abstract provided.
The Civil Jury In America, Stephan Landsman
The Civil Jury In America, Stephan Landsman
Law and Contemporary Problems
Landsman explores several questions about the function of the modern civil jury in America, including why juries have been given so important a place in the judicial process and how the jury ought to be constituted to carry ought its work.
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
“Guardian Of Civil Rights … Medieval Relic”: The Civil Jury In Canada, W. A. Bogart
Law and Contemporary Problems
Bogart offers some explanations of why Canadian civil juries exist only at the margins by examining the availability of civil juries, empirical evidence regarding their use and cost in Ontario Canada and academic and policy debates concerning their role.
Judging Rules, Ruling Judges, Stephen C. Yeazell
Judging Rules, Ruling Judges, Stephen C. Yeazell
Law and Contemporary Problems
Bureaucracy and complexity are not pejorative terms, but they are limiting terms, and it makes sense to examine the limitations that inhere in them. The US needs to return from a system of judicially created rules back to a system of judicially scrutinized rules.
The Federal Rules Of Civil Procedure In The Context Of Transnational Law, George K. Walker
The Federal Rules Of Civil Procedure In The Context Of Transnational Law, George K. Walker
Law and Contemporary Problems
The development of exceptions in the Rules of Civil Procedure and federal statutes that apply only to litigants outside the US is explored. The Rules should not make exceptions on a blanket basis, as some proposals indicate.
Remarks, Peter H. Pfund
Remarks, Peter H. Pfund
Law and Contemporary Problems
The US proposal for the Hague Conference to prepare a recognition and enforcement convention is a proposal for multilateral negotiations by the member states of the Hague Conference that would involve many states besides the US.
Reflections On The Interface Of Treaties And Rules Of Procedure: Time For Federal “Long-Arm” Legislation, J. Dickson Phillips, Paul D. Carrington
Reflections On The Interface Of Treaties And Rules Of Procedure: Time For Federal “Long-Arm” Legislation, J. Dickson Phillips, Paul D. Carrington
Law and Contemporary Problems
Civil justice in the US is a primary means of law enforcement, and those who compete in the US economy ought, except in compelling circumstances, to be subject to the same modes of law enforcement as their US competitors. The five-tiered process for rulemaking regarding special accomodation of foreign interests is examined.
Aggregating Litigation, Ralph K. Winter
Aggregating Litigation, Ralph K. Winter
Law and Contemporary Problems
A comment on Judith Resnik's article on the aggregation of civil cases is presented. The goals of aggregating litigation and the very circumstances in which aggregation works best in achieving those goals are discussed. The aggregation of personal injury cases is also discussed.
Judicial Government, Doris Marie Provine
Judicial Government, Doris Marie Provine
Law and Contemporary Problems
No abstract provided.
Enhancing The Restraining Accuracy In Adjudication, Michael J. Saks
Enhancing The Restraining Accuracy In Adjudication, Michael J. Saks
Law and Contemporary Problems
No abstract provided.
Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard Lempert, Karl Monsma
Lawyers And Informal Justice: The Case Of A Public Housing Eviction Board, Richard Lempert, Karl Monsma
Law and Contemporary Problems
No abstract provided.
The Handmaiden’S Revenge: On Reading And Using The Newer Sociology Of Civil Procedure, David M. Trubek
The Handmaiden’S Revenge: On Reading And Using The Newer Sociology Of Civil Procedure, David M. Trubek
Law and Contemporary Problems
No abstract provided.
Hearing The Hidden Agenda: The Ethnographic Investigation Of Procedure, John M. Conley, William M. O'Barr
Hearing The Hidden Agenda: The Ethnographic Investigation Of Procedure, John M. Conley, William M. O'Barr
Law and Contemporary Problems
No abstract provided.
Empirical Research On Offers Of Settlement: A Preliminary Report, Thomas D. Rowe Jr., Neil Vidmar
Empirical Research On Offers Of Settlement: A Preliminary Report, Thomas D. Rowe Jr., Neil Vidmar
Law and Contemporary Problems
No abstract provided.
The Discovery Survey, Francis E. Mcgovern, E. Allan Lind
The Discovery Survey, Francis E. Mcgovern, E. Allan Lind
Law and Contemporary Problems
No abstract provided.
Foreword: The Scientific Study Of Legal Institutions, Paul D. Carrington
Foreword: The Scientific Study Of Legal Institutions, Paul D. Carrington
Law and Contemporary Problems
No abstract provided.
Empirical Research And The Politics Of Judicial Administration: Creating The Federal Judicial Center, Russell Wheeler
Empirical Research And The Politics Of Judicial Administration: Creating The Federal Judicial Center, Russell Wheeler
Law and Contemporary Problems
No abstract provided.
Foreword: The Scientific Study Of Legal Institutions, Paul D. Carrington
Foreword: The Scientific Study Of Legal Institutions, Paul D. Carrington
Law and Contemporary Problems
No abstract provided.
Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart
Empirical Studies In Civil Procedure: A Selected Annotated Bibliography, Michael Chiorazzi, Barbara A. Baccari, Karen R. Cashion, Christopher R. Hart
Law and Contemporary Problems
No abstract provided.
Researching Civil Justice: Problems And Pitfalls, Deborah R. Hensler
Researching Civil Justice: Problems And Pitfalls, Deborah R. Hensler
Law and Contemporary Problems
No abstract provided.
The Impact Of Procedure-Impact Studies In The Administration Of Justice, Maurice Rosenberg
The Impact Of Procedure-Impact Studies In The Administration Of Justice, Maurice Rosenberg
Law and Contemporary Problems
No abstract provided.
Perfecting Federal Civil Rules: A Proposal For Restricted Field Experiments, Laurens Walker
Perfecting Federal Civil Rules: A Proposal For Restricted Field Experiments, Laurens Walker
Law and Contemporary Problems
No abstract provided.
The European Experience With Attorney Fee Shifting, Werner Pfennigstorf
The European Experience With Attorney Fee Shifting, Werner Pfennigstorf
Law and Contemporary Problems
No abstract provided.