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1995

University of Missouri School of Law

Litigation

Articles 1 - 4 of 4

Full-Text Articles in Law

Suing The Firm, Richard C. Reuben Dec 1995

Suing The Firm, Richard C. Reuben

Faculty Publications

Lawyers who once would rather take grievances against their firms to the grave are now taking them to court. Is it the death of professionalism or the dawning of accountability?


Summary Jury Trial: A Proposal From The Bench, The, Alexander B. Denson Jul 1995

Summary Jury Trial: A Proposal From The Bench, The, Alexander B. Denson

Journal of Dispute Resolution

Professor Woodley's article is an excellent overview of the issues relating to Summary Jury Trials and offers a menu of sound proposals for their solution. This article is written from the perspective of a trial judge and recommends procedures and case selection criteria found to be effective in the trial arena. A careful reader will note that many of the proposals discussed herein are included in Professor Woodley's article because the undersigned participated in her canvass of judges on the subject.


Summary Jury Trial - A Caution, Avern Cohn Jul 1995

Summary Jury Trial - A Caution, Avern Cohn

Journal of Dispute Resolution

My experience with summary jury trials as a settlement device, as well as a poll of my colleagues in the Eastern District of Michigan, suggests the drawbacks of summary jury trials outweigh the benefits. Additionally, a decision regarding the worth of summary jury trial as a dispute resolution mechanism, particularly over the objections of a party, should be suspended until the Rand Corporation's Institute for Civil Justice reports to Congress on its evaluation of Civil Justice Reform Act initiatives with regard to alternate dispute resolution procedures in federal district courts.


Saving The Summary Jury Trial: A Proposal To Halt The Flow Of Litigation And End The Uncertainties, Ann E. Woodley Jul 1995

Saving The Summary Jury Trial: A Proposal To Halt The Flow Of Litigation And End The Uncertainties, Ann E. Woodley

Journal of Dispute Resolution

The discussion below is divided into four parts. Part II is a background section describing the summary jury trial process and its intended benefits, as well as briefly identifying the five litigated issues and basic uncertainties discussed here. Part III describes the five litigated issues and basic uncertainties in detail, describes how judges have attempted to deal with them, and discusses potential solutions. Part IV contains specific statutory language embodying the proposed solutions. And, finally, Part V offers a brief conclusion