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Articles 1 - 5 of 5

Full-Text Articles in Law

A Selective Bibliography On The Endangered Species Act, Kristin Cheney Jun 1993

A Selective Bibliography On The Endangered Species Act, Kristin Cheney

Faculty Scholarship

Since its passage in 1973, the Endangered Species Act (ESA) has been the subject of much discussion and numerous publications. This bibliography is not an exhaustive treatment of the topic, but rather concentrates on monographs published from 1980 forward and includes only post-1988 journal articles. To aid the reader in locating relevant references, the journal articles are organized into the subcategories of (1) law and regulations, (2) litigation, and (3) international and extraterritorial.


Longterm Strategies In Japanese Environmental Litigation, Setsuo Miyazawa Jan 1993

Longterm Strategies In Japanese Environmental Litigation, Setsuo Miyazawa

Faculty Scholarship

Japan's reputation for unusually strong emphasis on the avoidance of public conflict and therefore for de-emphasis of legal institutions suggests an arid, hostile environment for litigators, especially those who lack substantial resources. In a study of a quasi-class action lawsuit by Japanese air pollution victims, we find that litigation can be developed as a tool in the pursuit of a social movement's wider objectives despite the paucity of resources within the Japanese legal system. Our research documents the many ways in which the delays, obstacles, and costs that characterize the litigation environment in Japan have been either neutralized ...


Rethinking Advocacy Training, Marilyn Berger, John Mitchell Jan 1993

Rethinking Advocacy Training, Marilyn Berger, John Mitchell

Faculty Scholarship

This article examines advocacy teaching methodology and how to impart to students and beginning attorneys the methods and approaches that experienced trial lawyers use.


Sanctifying Secrecy: The Mythology Of The Corporate Attorney-Client Privilege, Elizabeth G. Thornburg Jan 1993

Sanctifying Secrecy: The Mythology Of The Corporate Attorney-Client Privilege, Elizabeth G. Thornburg

Faculty Scholarship

This article surveys the traditional justifications for giving corporations the benefit of attorney-client privilege. It rejects both moral and utilitarian explanations and argues that, far from being beneficial or benign, the privilege actually does great harm to the truth-seeking function of litigation and imposes tremendous transaction costs on the litigants and on the judicial system as a whole.


Will A New Restatement Help Settle Troubled Waters: Reflections, Aaron Twerski, J. A. Henderson Jan 1993

Will A New Restatement Help Settle Troubled Waters: Reflections, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.