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Litigation

2004

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Full-Text Articles in Law

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center Dec 2004

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional


Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center Dec 2004

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional


A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner Dec 2004

A Post-Vieth Strategy For Litigating Partisan Gerrymandering Claims, James A. Gardner

Journal Articles

No abstract provided.


Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy Nov 2004

Comparison To Criminal Sanctions In The Constitutional Review Of Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.


Appeal Rates And Outcomes In Tried And Nontried Cases: Further Exploration Of Anti-Plaintiff Appellate Outcomes, Theodore Eisenberg Nov 2004

Appeal Rates And Outcomes In Tried And Nontried Cases: Further Exploration Of Anti-Plaintiff Appellate Outcomes, Theodore Eisenberg

Cornell Law Faculty Publications

Federal data sets covering district court and appellate court civil cases for cases terminating in fiscal years 1988 through 2000 are analyzed. Appeals are filed in 10.9 percent of filed cases, and 21.0 percent of cases if one limits the sample to cases with a definitive judgment for plaintiff or defendant. The appeal rate is 39.6 percent in tried cases compared to 10.0 percent of nontried cases. For cases with definitive judgments, the appeal filing rate is 19.0 percent in nontried cases and 40.9 percent in tried cases. Tried cases with definitive judgments are ...


The Effects Of Malpractice Tort Reform On Defensive Medicine, Katherine D. Hennesy, Heather M. O'Neill Oct 2004

The Effects Of Malpractice Tort Reform On Defensive Medicine, Katherine D. Hennesy, Heather M. O'Neill

Business and Economics Faculty Publications

Positive defensive medicine occurs when physicians order additional tests or procedures primarily to avoid malpractice liability. This paper shows the degree of defensive medicine occurring across states is related to the malpractice environment in the states. As the environment changes due to malpractice tort reform, defensive medicine practices also change. This paper shows the existence of positive defensive medicine and how it adds to total health care expenditures for head trauma victims in 23 states in 2000. Moreover, given different malpractice environments across states, we witness variations in defensive medicine practices leading to differences in health care expenditures.


Fear-Mongering Torts And The Exaggerated Death Of Diving, Carl Bogus Oct 2004

Fear-Mongering Torts And The Exaggerated Death Of Diving, Carl Bogus

Law Faculty Scholarship

No abstract provided.


The Role Of Opt-Outs And Objectors In Class Action Litigation: Theoretical And Empirical Issues, Theodore Eisenberg, Geoffrey P. Miller Oct 2004

The Role Of Opt-Outs And Objectors In Class Action Litigation: Theoretical And Empirical Issues, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Faculty Publications

No abstract provided.


The (F)Utility Of Rules: Regulating Attorney Conduct In Federal Court Practice, Judith A. Mcmorrow Sep 2004

The (F)Utility Of Rules: Regulating Attorney Conduct In Federal Court Practice, Judith A. Mcmorrow

Boston College Law School Faculty Papers

The problem is often decried: out-of-control attorneys, opportunists, cowboys, self-dealers, and overzealous prosecutors abusing the litigation process either for self-serving ends or from ideological zeal. But one person’s opportunist, cowboy, or self-dealer is another person’s zealous advocate. Lawyers want and need guidance on how to resolve issues that have competing claims to right behavior. The first place many lawyers look to find appropriate guidance are rules of ethics. Lawyers practicing in federal courts will find the search for rules particularly confusing. Unlike the Federal Rules of Civil and Criminal Procedure, federal courts do not operate with uniform ethics ...


Moot Court Executive Board And Teams 2004-2005, Kellie Casey Monk Aug 2004

Moot Court Executive Board And Teams 2004-2005, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.


"He Looks Guilty": Reforming Good Character Evidence To Undercut The Presumption Of Guilt., Josephine Ross Jun 2004

"He Looks Guilty": Reforming Good Character Evidence To Undercut The Presumption Of Guilt., Josephine Ross

Boston College Law School Faculty Papers

Juries often use short-cuts to determine the character of the accused, such as their job, age, race, gender, marital status, or what the person looks like. These short-cuts often substitute for character evidence in courtrooms across the United States, adding to the divide in the criminal justice system today. This problem provides a lens to examine the character evidence rules and how they are implemented. Rules governing good and bad character evidence themselves have been turned on their head. A defendant’s right to put in good character has been called “deeply imbedded in our jurisprudence.” Nevertheless, the rules currently ...


Slides: Intro To Groundwater Law In Colorado, David L. Harrison Jun 2004

Slides: Intro To Groundwater Law In Colorado, David L. Harrison

Groundwater in the West (Summer Conference, June 16-18)

Presenter: David L. Harrison.

17 slides.


Intro To Ground Water Law In Colorado And Surface-Groundwater Conflicts In The South Platte, David Harrison, Veronica A. Sperling, Steven O. Sims Jun 2004

Intro To Ground Water Law In Colorado And Surface-Groundwater Conflicts In The South Platte, David Harrison, Veronica A. Sperling, Steven O. Sims

Groundwater in the West (Summer Conference, June 16-18)

25 pages.

Contains footnotes.


Groundwater Management: Lessons From Colorado V. Kansas, David W. Robbins Jun 2004

Groundwater Management: Lessons From Colorado V. Kansas, David W. Robbins

Groundwater in the West (Summer Conference, June 16-18)

11 pages.


The Future Of Groundwater In The West, James S. Lochhead Jun 2004

The Future Of Groundwater In The West, James S. Lochhead

Groundwater in the West (Summer Conference, June 16-18)

7 pages.


Slides: The Spokane And The Yakima: A Tale Of Two Aquifers, Rachel Paschal Osborn Jun 2004

Slides: The Spokane And The Yakima: A Tale Of Two Aquifers, Rachel Paschal Osborn

Groundwater in the West (Summer Conference, June 16-18)

Presenter: Rachael Paschal Osborn, Private Practice and Gonzaga Law School.

89 slides.


Slides: An Update On Management Of The Northern Ogallala, Raymond J. Supalla Jun 2004

Slides: An Update On Management Of The Northern Ogallala, Raymond J. Supalla

Groundwater in the West (Summer Conference, June 16-18)

Presenter: Raymond Supalla, Department of Agricultural Economics, University of Nebraska.

37 slides.


Slides: California Groundwater Management, Michael Fife Jun 2004

Slides: California Groundwater Management, Michael Fife

Groundwater in the West (Summer Conference, June 16-18)

Presenter: Michael Fife, Hatch and Parent.

66 pages (includes map) and 18 slides.

Contains footnotes.


Groundwater Resources Of The Lower Colorado Region, Tim Henley Jun 2004

Groundwater Resources Of The Lower Colorado Region, Tim Henley

Groundwater in the West (Summer Conference, June 16-18)

15 pages.


Agenda: Groundwater In The West, University Of Colorado Boulder. Natural Resources Law Center Jun 2004

Agenda: Groundwater In The West, University Of Colorado Boulder. Natural Resources Law Center

Groundwater in the West (Summer Conference, June 16-18)

Conference moderators and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., Douglas S. Kenney, Jim Martin and Kathryn M. Mutz.

The Colorado Law Natural Resources Law Center celebrated its 25th Annual Summer Conference by exploring one of the most important natural resources of the 21st century: groundwater. Titled "Groundwater in the West," the conference was held June 16-18 at the Fleming Law Building on the University of Colorado at Boulder campus. Participants discussed law, policy, and management of groundwater in the West. "As demands on surface water increase and drought seems more the norm ...


Slides: Survey Of Indian Groundwater Issues, Rodney B. Lewis Jun 2004

Slides: Survey Of Indian Groundwater Issues, Rodney B. Lewis

Groundwater in the West (Summer Conference, June 16-18)

Presenter: Rodney Lewis, General Counsel, Gila River Tribe.

49 slides.


Cognitive Ability Testing And Selection: A Review Of Court Decisions Since 1991, Leslie Pedigo May 2004

Cognitive Ability Testing And Selection: A Review Of Court Decisions Since 1991, Leslie Pedigo

Masters Theses & Specialist Projects

Cognitive ability testing is utilized by many organizations in the selection process. Historically, cognitive ability testing has resulted in group differences in scores, particularly between Caucasians and African-Americans. Such group differences can result in adverse impact. This impact can lead to legal ramifications for the organization utilizing the cognitive ability test. The present study examined ten factors to determine their relationship to the findings of the courts in cases involving cognitive ability tests. The factors examined were gender of the plaintiff, reason for the lawsuit, workplace setting, group or individual plaintiffs, standardadized versus unstandardized tests, validation of the tests, development ...


Facilitating Auditing’S New Early Warning System: Control Disclosure, Auditor Liability And Safe Harbors, Lawrence A. Cunningham Apr 2004

Facilitating Auditing’S New Early Warning System: Control Disclosure, Auditor Liability And Safe Harbors, Lawrence A. Cunningham

Boston College Law School Faculty Papers

This Article considers the interplay between new auditing standards governing audits of internal control over financial reporting and pre-existing legal standards governing auditor liability for audit failure. The interplay produces skewed liability incentives that, if unadjusted, threaten to impair the objective of this new control-audit regime. The regime’s objective is, in part, to provide an early warning to financial statement users when current financial statements are reliable but control weaknesses indicate material risk of a company’s future inability to produce reliable financial statements. To be meaningful, auditor disclosure of material weaknesses and potential effects is necessary. While liability ...


A New Product For The State Corporation Law Market: Audit Committee Certifications, Lawrence A. Cunningham Mar 2004

A New Product For The State Corporation Law Market: Audit Committee Certifications, Lawrence A. Cunningham

Boston College Law School Faculty Papers

Audit committees of corporate boards of directors are central to corporate governance for many corporations. Their effectiveness in supervising financial managers and overseeing the financial reporting process is important to promote reliable financial statements. This centrality suggests that it is likewise important for investors and others to have a basis for justifiable confidence in audit committee effectiveness. At present, there is no such mechanism. This Article explains why, considers a way states can provide it and assesses as low the likelihood that states will do so. In the swirling corporate governance reforms led by SOX, the SEC, SROs and PCAOB ...


Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski Mar 2004

Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski

Boston College Law School Faculty Papers

No abstract provided.


Georgia General Assembly Adopts "Manifest Disregard" As A Ground For Vacating Arbitration Awards: How Will Georgia Courts Treat The New Standard?, John W. Hinchey, Thomas V. Burch Feb 2004

Georgia General Assembly Adopts "Manifest Disregard" As A Ground For Vacating Arbitration Awards: How Will Georgia Courts Treat The New Standard?, John W. Hinchey, Thomas V. Burch

Scholarly Works

Generally, courts may only set aside arbitration awards on the grounds listed in the Federal Arbitration Act or the applicable state arbitration code. However, all federal circuit courts and a few state courts have adopted a non-statutory exception that allows a court to overturn an arbitrator's decision if the arbitrator has exemplified a "manifest disregard" of the law.

In 2002, after several years of tentative lower court decisions, the Georgia Supreme Court, in Progressive Data Systems v. Jefferson Holding Corporation, held that manifest disregard is not a proper ground for vacatur in Georgia. The court emphasized that Georgia's ...


Joseph Henry Lumpkin Inn Of Court Team Members 2004-2005, Kellie Casey Monk Jan 2004

Joseph Henry Lumpkin Inn Of Court Team Members 2004-2005, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.


National Order Of Barristers 2004, Kellie Casey Monk Jan 2004

National Order Of Barristers 2004, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.


The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley Jan 2004

The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.


Mock Trial Team Members 2004-2005, Kellie Casey Monk Jan 2004

Mock Trial Team Members 2004-2005, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.