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Articles 1 - 29 of 29
Full-Text Articles in Law
Jicarilla Apache Tribe Water Rights Settlement Act Of 1992, United States 102nd Congress
Jicarilla Apache Tribe Water Rights Settlement Act Of 1992, United States 102nd Congress
Native American Water Rights Settlement Project
Federal legislation: Jicarilla Apache Tribe Water Rights Settlement Act of 1992, PL 102-441, 106 Stat. 2237. Parties: Jicarilla Apache Nation, NM and the US. The US and the Tribal President are authorized to enter into a Settlement Contract. Sections 3 and 4 of the Upper Colorado River Basin Compact should provide sufficient water. The Contract provides 33,500 a/f/y diversion from the Navajo Reservoir or Navajo River, and 6,500 a/f/y from the San Juan-Chama Project. Tribe is entitled to return flows and may subcontract for beneficial uses off reservation, but such uses are subject to state, federal and international law. The …
The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman
The Disinterested Person: An Alternative Approach To Shareholder Derivative Litigation, Joel Seligman
Law and Contemporary Problems
It is shown that in shareholder derivative litigation certain features of the Continental civil procedure model can be combined profitably with the more adversarial US model through the medium of a disinterested person.
Civil Justice Expense And Delay Reduction Plan Pursuant To The Civil Justice Reform Act Of 1990, Georgia State University Law Review
Civil Justice Expense And Delay Reduction Plan Pursuant To The Civil Justice Reform Act Of 1990, Georgia State University Law Review
Georgia State University Law Review
No abstract provided.
Causation In Fact In Omission Cases, David A. Fischer
Causation In Fact In Omission Cases, David A. Fischer
Faculty Publications
This article analyzes the difficulties involved in attributing cause in fact in omission cases, and suggests possible resolutions. Part II discusses the basic concept of causation, and the distinction between acts and omissions. Part III discusses the particular problems that arise in applying causation principles in omission cases. Part IV then analyzes these problems from both corrective justice and economic analysis perspectives. Finally, the article suggests an approach for solving these complex issues.
The Gains From Faith In An Unfaithful Agent: Settlement Conflicts Between Defendants And Liability Insurers, Michael J. Meurer
The Gains From Faith In An Unfaithful Agent: Settlement Conflicts Between Defendants And Liability Insurers, Michael J. Meurer
Faculty Scholarship
A pervasive problem in the settlement of liability litigation arises because liability insurers bundle their promise to indemnify the insured with a promise to represent the insured in settlement and litigation [see, e.g., Beckwith Machinery Co. v. Travelers Indemnity Co., 638 F.Supp. 1179 (W.D. Pa. 1986)]. Standard policies not only require the insurer to pay for legal representation but, more importantly, give the insurer the privilege of controlling the litigation and settlement process. The problem is how to resolve the conflict of interest between the insurer and the insured that may arise during settlement negotiations. This conflict is manifest when …
Duncan Energy V. Three Affiliated Tribes (1992), District Court Of North Dakota
Duncan Energy V. Three Affiliated Tribes (1992), District Court Of North Dakota
US Government Documents related to Indigenous Nations
This court case, decided on September 28, 1992, established that the northeast quadrant of the Fort Berthold Reservation was part of the Reservation (therefore within tribal jurisdiction) but found that the Three Affiliated Tribes did not have taxation and employment authority over the gas and oil companies operating in that quadrant. Per Tribal Tax Code, any property on the Reservation used for business or profit is subject to a one-percent taxation and per the Tribal Employment Rights Office Ordinance (TERO), any employers within the Reservation must give preference to Native American workers. The Three Affiliated Tribes attempted to levy a …
Stories Versus Theories At The Cardozo Evidence Conference: It's Just Another Metaphor To Me, Lewis H. Larue
Stories Versus Theories At The Cardozo Evidence Conference: It's Just Another Metaphor To Me, Lewis H. Larue
Scholarly Articles
Not available.
Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association
Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
Sponsored by Natural Resources Law Center, University of Colorado School of Law and the Rocky Mountain Ground-Water Conference, organized by the Colorado Ground-Water Association.
Faculty for the conference included University of Colorado School of Law professor Lawrence J. MacDonnell.
Nearly half the people in the United States rely on groundwater as their primary water source. As demands for groundwater grow, it becomes increasingly important for lawyer and technical professionals to understand the legal and hydrologic issues arising in groundwater development, use, and protection. These issues will be the focus of the Center's thirteenth annual summer program, June 15-17, 1992.
This …
The Practice And Problems Of Plain Meaning: A Response To Aleinikoff And Shaw, Frederick Schauer
The Practice And Problems Of Plain Meaning: A Response To Aleinikoff And Shaw, Frederick Schauer
Vanderbilt Law Review
The attention so many of the participants in this Symposium have paid to my thoughts about the role of plain meaning in statutory interpretation' is both gratifying and surprising. Among those scholars finding my ideas worthy of note are Professors Aleinikoff and Shaw, and my aim is both to comment on their contribution here and to respond more generally to what others have said about my views on the role of plain meaning. By continuing the discussion I hope to clarify some of the claims I have made about plain meaning, and in doing so to foster a better appreciation …
Experts As Hearsay Conduits: Confrontation Abuses In Opinion Testimony, Ronald L. Carlson
Experts As Hearsay Conduits: Confrontation Abuses In Opinion Testimony, Ronald L. Carlson
Scholarly Works
The dispute over whether litigants may use experts to run unexamined hearsay into the trial record is a microcosm of a larger debate. The larger question is whether judicial review of expert testimony should be passive, or whether the expert witness process should be marked by active judicial policing. Does the plethora of expert opinions presently being offered in modern trials merit special scrutiny by the courts?
Some scholars urge that courts must accommodate experts. Proponents of this view favor few challenges to the unrestricted rendition of opinions by an expert, whether the expert is real or self-proclaimed. Under this …
Litigation & Inequality: Federal Diversity Jurisdiction In Industrial America, 1870–1958, Edward A. Purcell Jr.
Litigation & Inequality: Federal Diversity Jurisdiction In Industrial America, 1870–1958, Edward A. Purcell Jr.
Books
Through the prism of litigation practice and tactics, Purcell explores the dynamic relationship between legal and social change. He studies changing litigation patterns in suits between individuals and national corporations over tort claims for personal injuries and contract claims for insurance benefits. Purcell refines the "progressive" claim that the federal courts favored business enterprise during this time, identifying specific manners and times in which the federal courts reached decisions both in favor of and against national corporations. He also identifies 1892-1908 as a critical period in the evolution of the twentieth century federal judicial system.
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
Faculty Scholarship
No abstract provided.
Litigation As A Predatory Practice, Gary Myers
Litigation As A Predatory Practice, Gary Myers
Faculty Publications
This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.
The Asbestos Litigation Crisis: Is There A Need For An Administrative Alternative?, Lester Brickman
The Asbestos Litigation Crisis: Is There A Need For An Administrative Alternative?, Lester Brickman
Articles
No abstract provided.
Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait
Making The Law Of Factual Determinations Matter More, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
Copyright Misuse As A Defense In An Infringement Action: Lasercomb America, Inc. V. Reynolds, John Baker Mcclanahan
Copyright Misuse As A Defense In An Infringement Action: Lasercomb America, Inc. V. Reynolds, John Baker Mcclanahan
Washington and Lee Law Review
No abstract provided.
Work Product Rejected: A Reply To Professor Allen, Elizabeth G. Thornburg
Work Product Rejected: A Reply To Professor Allen, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
This article responds to Professor Ronald Allen's Work Product Revisited: A Comment on Rethinking Work Product.
Power And Legal Artifice: The Federal Class Action, Bryant Garth
Power And Legal Artifice: The Federal Class Action, Bryant Garth
Articles by Maurer Faculty
Using case studies and interviews with lawyers and representatives in class actions, this article explores the contribution that class actions make to their ostensible beneficiaries. The article first distinguishes the major types of class actions in terms of the roles of lawyers and class representatives, ranging from very passive representatives to individuals intensively involved with the dispute that gave rise to the litigation. The article next seeks to evaluate the class actions. On the basis of the results of the class actions, the article finds that class actions cannot be proclaimed major contributors to social change. The focus on results, …
The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus
Touro Law Review
No abstract provided.
The Rationalist Tradition At Trial, James L. Kainen
The Rationalist Tradition At Trial, James L. Kainen
Fordham Law Review
Analysis of Evidence: How to Do Things With Facts Based On Wigmore's Science of Judicial Proof, By Terrence Anderson and William Twining (with an Appendix on Probablity and Proof by Philip Dawid). Little, Brown and Company, and London: George Weidenfeld and Nicolson, Ltd., 1991. Pp. 457. $22.00. (Teacher's Manual. Pp. 181)
Settlement In Securities Fraud: Is Settlement Promoting Litigation - In Re Jiffy Lube Securities Litigation, Brian R. Hajicek
Settlement In Securities Fraud: Is Settlement Promoting Litigation - In Re Jiffy Lube Securities Litigation, Brian R. Hajicek
Journal of Dispute Resolution
In the complex securities fraud arena, partial pretrial settlement in cases involving multiple defendants would appear to reduce litigation in the dispute. However, conflict over the proper method of allocating responsibility for a damage award among settling and non-settling defendants can in fact increase litigation. Federal courts disagree as to which method most fairly and equitably apportions damage liability. In re Jiffy Lube Securities Litigation is the most recent case that touches upon the issue of damage allocation among settling and non-settling defendants. This Note will address competing policy considerations which drive courts to choose different allocative methods.
Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli
Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli
Faculty Publications
No abstract provided.
"Other Acts” & Character Evidence: Part I, Paul C. Giannelli
"Other Acts” & Character Evidence: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli
"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Report Of The New York State Judicial Commission On Minorities
Report Of The New York State Judicial Commission On Minorities
Fordham Urban Law Journal
The Commission was given a three-fold mandate to study how (1) court participants and the public at large perceive minority treatment in the New York Court System; (2) the representation of minorities in non-judicial staff positions within the court system; and (3) the number of minorities, both elected and appointed, in judicial positions in New York. The Commission recommended a milieu of changes to address the problems of racism in the court system and proposed another commission-- with a five year mandate-- be created to implement these recommendations, further analyze and collect data on race and the court system, and …
Five Year Report Of The New York Judicial Committee On Women In The Courts, The Judicial Committee On Women In The Courts
Five Year Report Of The New York Judicial Committee On Women In The Courts, The Judicial Committee On Women In The Courts
Fordham Urban Law Journal
In response to a report submitted by the Judicial Committee on Women, which concluded gender bias to be a "pervasive problem" in the New York State Court System, a Task Force was created to implement the recommendations of that committee. The Five Year Report is a summary of the work done by the Committee and notes the progress made in the fight for more gender equality in our courts. The Committee concluded that although significant progress has been made, there is still a long way to go in the fight for gender equality.
Book Review. This Week On The Talk Shows: The Litigation Explosion, J. Alexander Tanford
Book Review. This Week On The Talk Shows: The Litigation Explosion, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
Unattainable Justice: The Form Of Complex Litigation And The Limits Of Judicial Power, Jay Tidmarsh
Unattainable Justice: The Form Of Complex Litigation And The Limits Of Judicial Power, Jay Tidmarsh
Journal Articles
Part I begins the inquiry by describing the practical and theoretical factors that have led various courts and commentators to label particular types of litigation "complex." Although all the definitions provide important data about the nature of complex litigation, none capture its full breadth. Thus, the task of the Article's next two Parts is to develop a formal and inclusive definition. Part II builds the theoretical framework for the definition by describing the form of adjudication and the positive assumptions of modern civil litigation.
Next, Part III demonstrates that complex litigation arises from the friction between the real-world problems outlined …
Litigation As A Predatory Practice, Gary Myers
Litigation As A Predatory Practice, Gary Myers
Kentucky Law Journal
No abstract provided.