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Series

Litigation

1996

Discipline
Institution
Publication

Articles 1 - 16 of 16

Full-Text Articles in Law

Making The Move From Law Practitioner To Law Professor, Or How Not To Simplify Your Life, Susan J. Becker Oct 1996

Making The Move From Law Practitioner To Law Professor, Or How Not To Simplify Your Life, Susan J. Becker

Law Faculty Articles and Essays

The author discusses her transition from litigation practice to teaching law. She concludes that there are three discrete yet connected components of a law professor's job which closely parallel that of a litigator: teaching, administrative service, and scholarship.


Framework For Understanding Nfma In A Legal Context, David H. Getches Sep 1996

Framework For Understanding Nfma In A Legal Context, David H. Getches

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

8 pages.

Contains references.


The Failure Of Federal Land Planning, Steven P. Quarles Sep 1996

The Failure Of Federal Land Planning, Steven P. Quarles

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

26 pages.


A Comparison: Lessons From The Columbia Basin And The Upper Colorado Basin Fish Recovery Efforts, Mary Christina Wood Jun 1996

A Comparison: Lessons From The Columbia Basin And The Upper Colorado Basin Fish Recovery Efforts, Mary Christina Wood

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

47 pages.

Contains 5 pages of references.


The Enigma Of The Blind Salamander And Groundwater Pumping: Lessons From The Edwards Aquifer, Texas, Charles R. Shockey Jun 1996

The Enigma Of The Blind Salamander And Groundwater Pumping: Lessons From The Edwards Aquifer, Texas, Charles R. Shockey

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

39 pages (includes illustrations and maps).

Contains footnotes.


The Esa, Water Rights, And Regulatory Takings, Barton H. Thompson, Jr. Jun 1996

The Esa, Water Rights, And Regulatory Takings, Barton H. Thompson, Jr.

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

28 pages.

Contains 2 pages of references.


Water Rights, Contract Rights, And The Endangered Species Act, Brian E. Gray Jun 1996

Water Rights, Contract Rights, And The Endangered Species Act, Brian E. Gray

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

12 pages.

Contains references.


The Problem Of Federal-Private Split Mineral Estates: Who Has Control?, David B. Shaver, Andrew C. Mergen, Scott W. Hardt, University Of Colorado Boulder. Natural Resources Law Center Apr 1996

The Problem Of Federal-Private Split Mineral Estates: Who Has Control?, David B. Shaver, Andrew C. Mergen, Scott W. Hardt, University Of Colorado Boulder. Natural Resources Law Center

The Problem of Federal-Private Split Mineral Estates: Who Has Control? (April 23)

19 pages.

Includes footnotes.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on April 23, 1996.

Contents: National Park Service regulation of private mineral estates / David B. Shaver -- Recent litigation regarding federal split estates : who has control? what are the limits? / Andrew C. Mergen -- The problem of federal-private split mineral estates / Scott W. Hardt

Many federally owned lands overlie privately owned oil and gas and mineral rights. Increasingly, the competition between agency multiple use directives and private interests in resource development has resulted in legal battles between the federal government, which seeks to ...


At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding Apr 1996

At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding

Law Faculty Scholarly Articles

June 12th of 1995 marked a somber occasion in the annals of school desegregation litigation. On that day, the United States Supreme Court sent disturbing messages in its opinion in Missouri v. Jenkins. The Court's decision hinders achievement of the objective of school desegregation litigation—providing equal educational opportunities for African-American public school children—and detrimentally impacts other substantive areas of civil rights litigation. This article examines what I believe are several important general consequences of Jenkins's the impairment of a trial judge's discretionary equitable remedial powers; the Court's establishment of a new agenda that sacrifices ...


An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk Jan 1996

An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk

Faculty Scholarship at Penn Law

When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (each litigant bears its own litigation expenses) nor the British rule (the losing litigant pays the attorneys' fees of the winning litigant) would induce optimal decisions to bring suit. Plaintiffs may bring frivolous suits when litigation costs are small relative to the amount at stake; plaintiffs may not bring meritorious suits when litigation costs are large relative to this amount. More general fee-shifting rules are based not only on the identity of the winning party but also on how strong the court perceives the case to ...


Note, In-Kind Class Action Settlements, Scott R. Peppet Jan 1996

Note, In-Kind Class Action Settlements, Scott R. Peppet

Articles

No abstract provided.


The Pentium Papers: A Case Study Of Collective Institutional Investor Activism In Litigation, Joseph A. Grundfest, Michael A. Perino Jan 1996

The Pentium Papers: A Case Study Of Collective Institutional Investor Activism In Litigation, Joseph A. Grundfest, Michael A. Perino

Faculty Publications

This article suggests that institutional investors have rational incentives to become more active in the litigation arena, but that the current debate is falsely constrained because it rests on the assumption that institutional investors must participate either by (1) assuming the formal role of lead plaintiff, class representative, or intervenor or, (2) not participating at all. This is a false dichotomy because, as this article demonstrates, institutions have available to them a rich array of flexible, informal, and relatively inexpensive mechanisms by which they can make their views known to litigants and courts alike.

Our hypothesis that institutional investor activism ...


Pro's And Con's Of Proposed Rule 23 Amendments , Susan J. Becker Jan 1996

Pro's And Con's Of Proposed Rule 23 Amendments , Susan J. Becker

Law Faculty Articles and Essays

This article investigates whether the proposed amendments to Rule 23 (recently approved for publication and comment by the U.S. Judicial Conference's Standing Committee on Rules of Practice and Procedure) are a modest first step toward necessary class action reforms, or "a presciption for class action abuse."


Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri Jan 1996

Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri

Articles

No abstract provided.


The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman Jan 1996

The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman

Faculty Publications

No abstract provided.


Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel Jan 1996

Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel

Scholarly Works

Like any trend, ADR has its skeptics and even some opponents. Considerable debate exists regarding the degree to which the increasing ADRization of traditionally judicial activity amounts to triumph or tragedy, a point well-illustrated by the past Schwartz Lectures. In the 1993 Schwartz Lecture, Professor Laura Nader described the ADR movement as a byproduct of society's attempt to suppress or conceal uncomfortable conflicts. In the 1994 Lecture, Professor Judith Resnik essentially concluded that the modern ADR movement has brought a regrettable de facto closing of the court house (or at least raised barriers to entry) and replaced reflective decision-making ...