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Articles 1 - 20 of 20
Full-Text Articles in Law
Blind Man's Bluff: An Analysis Of The Discovery Of Expert Witnesses Under Federal Rule Of Civil Procedure 26(B)(4) And A Proposed Amendment, Mathew R. Wildermuth
Blind Man's Bluff: An Analysis Of The Discovery Of Expert Witnesses Under Federal Rule Of Civil Procedure 26(B)(4) And A Proposed Amendment, Mathew R. Wildermuth
Indiana Law Journal
No abstract provided.
Unfair And Deceptive Trade Practices In Construction Litigation And Arbitration, Richard D. Conner, Cynthia A. Hatfield, Carmon J. Stuart
Unfair And Deceptive Trade Practices In Construction Litigation And Arbitration, Richard D. Conner, Cynthia A. Hatfield, Carmon J. Stuart
South Carolina Law Review
No abstract provided.
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.
Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.
This conference will provide the …
Case Digests: West Virginia Supreme Court Of Appeals Decisions, 1988, Gregory Vincent Smith, Matthew Victor
Case Digests: West Virginia Supreme Court Of Appeals Decisions, 1988, Gregory Vincent Smith, Matthew Victor
West Virginia Law Review
No abstract provided.
Values, Ideology, And The Evolution Of The Adversary System, Ellen E. Sward
Values, Ideology, And The Evolution Of The Adversary System, Ellen E. Sward
Indiana Law Journal
No abstract provided.
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans
Touro Law Review
No abstract provided.
Caseload Conundrum, Constitutional Restraint And The Manipulation Of Jurisdiction, Nancy Levit
Caseload Conundrum, Constitutional Restraint And The Manipulation Of Jurisdiction, Nancy Levit
Faculty Works
The quantity of litigation in the federal courts has reached unprecedented heights. While this 'crisis of volume' has attracted the attention of legislators and scholars, the judiciary has been left to divine self-help measures to reduce litigants' use of the federal courts. The federal bench that must manage this caseload explosion includes a cadre of recently appointed federal judges. Many of these judges embrace the New Federalism, an initiative to shift governmental power and responsibility back to the states.
This article posits that the combination of judicial overload and injudicious federalism is operating to shunt certain classes of litigants away …
The Supreme Court's Denial Of Reasonable Attorney's Fees To Prevailing Civil Rights Plaintiffs, Jean R. Sternlight
The Supreme Court's Denial Of Reasonable Attorney's Fees To Prevailing Civil Rights Plaintiffs, Jean R. Sternlight
Scholarly Works
The Supreme Court, through a series of recent decisions has effectively overridden Congress’ dictate that prevailing civil rights plaintiffs are entitled to recover reasonable attorney’s fees and costs. The solution to the current crisis lies not in reluctant court-appointed attorneys, but rather in a broad-based reform of the law regarding court-awarded attorney’s fees.
This article argues that only action by Congress will suffice to override the Supreme Court’s erroneous ruling and ensure just compensation for civil rights attorneys. Absent such legislation, it seems virtually certain that both the quantity and quality of civil rights litigation will continue to decrease. Fewer …
Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner
Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner
Journal of Dispute Resolution
Section II of this article describes the historical framework from which child custody mediation has developed. Section III discusses the process and procedures normally followed by a mediator in order to assure maximum, effective results. Section IV explains the role of the mediator including ethical considerations and problems faced by attorneys who wish to mediate the custody disputes of divorcing couples. Section V sets forth the results and conclusions of the Denver Custody Mediation Project (Denver Project), an influential study that has become the basis of encouraging mediation throughout the nation. Finally, Section VI discusses the advantages and disadvantages of …
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Touro Law Review
No abstract provided.
Application Of The Discovery Rule To The Ohio Wrongful Death Statute, Edward J. Leonard
Application Of The Discovery Rule To The Ohio Wrongful Death Statute, Edward J. Leonard
Journal of Law and Health
The focus of this note will be on the statute of limitations applicable to the Ohio wrongful death statute. This statute requires that any claim for wrongful death be brought within two years of the date of death. Application of the discovery rule to the wrongful death statute would allow an action to be brought within two years of discovering that the death was the result of a wrongful act.
Resolving The Medical Malpractice Crisis: Alternatives To Litigation, Allen K. Hutkin
Resolving The Medical Malpractice Crisis: Alternatives To Litigation, Allen K. Hutkin
Journal of Law and Health
This article will review the societal and individual costs of the present medical malpractice system, analyze current efforts to reform the system, and propose several alternatives for consideration. These alternatives include expanding the use of alternative dispute resolution, reformulating the doctor/patient relationship, expanding the scope of conventional hospital risk management and modifying the manner in which medical malpractice insurance is presently provided.
Impeachment Of Witnesses: Part Ii, Paul C. Giannelli
Impeachment Of Witnesses: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Expert Witnesses, Paul C. Giannelli
Impeachment Of Witnesses: Part I, Paul C. Giannelli
Impeachment Of Witnesses: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Interference With Prospective Civil Litigation By Spollation Of Evidence: Should Texas Adopt A New Tort., Philip A. Lionberger
Interference With Prospective Civil Litigation By Spollation Of Evidence: Should Texas Adopt A New Tort., Philip A. Lionberger
St. Mary's Law Journal
Texas courts should adopt a tort for spoliation of evidence. Spoliation of evidence is the tampering with, interference with, loss of, or destruction of evidence. Spoliation of evidence is a serious legal problem because it increases a litigant’s difficulty in proving a cause of action or a defense. Evidence destruction may also increase litigation costs and cause the trial court to make factfinding errors. Texas courts should adopt the tort of spoliation of evidence because it compensates injured litigants and deters future acts of spoliation. Another reason for adopting the tort for spoliation of evidence is the inadequacy of alternative …
National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith
National Farmers Union And Its Progeny: Does It Create A New Federal Court System?, Philip J. Smith
American Indian Law Review
No abstract provided.
Foreword: The Economics Of Contract Law, Michael J. Meurer
Foreword: The Economics Of Contract Law, Michael J. Meurer
Faculty Scholarship
The articles in this issue are samples from the burgeoning economics of contract law. They demonstrate that lawyers a can bring economic models to bear on quite specific issues of co offer normative guidance regarding the structure of efficient The success of the symposium and the quality of the articles of this field will continue to flourish. The articles cover a fairly narrow range of contract law issues. The second through sixth articles all address topics involving remedies. Two of these loo at the optimal remedies to be provided by contract law, and the other three are concerned with remedies …
Poison Pills And Litigation Uncertainty, Charles M. Yablon
Poison Pills And Litigation Uncertainty, Charles M. Yablon
Articles
No abstract provided.
Section 1983, Martin A. Schwartz, Leon Lazer, George Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, Leon Lazer, George Pratt, Leon Friedman
Scholarly Works
No abstract provided.