Law Commons^™

The Role Of "Stories" In Civil Jury Judgments, Reid Hastie

University of Michigan Journal of Law Reform

A brief review of psychological theories of juror decision making is followed by an introduction to "explanation-based" theories of judgment. Prior empirical studies of explanation-based processes in juror decision making are then reviewed. An original empirical study of jurors' judgments concerning liability for punitive damages is presented to illustrate the explanation-based approach to civil decisions.

Jury Trial Techniques In Complex Civil Litigation, Ronald S. Longhofer

University of Michigan Journal of Law Reform

Ronald Longhofer, an experienced litigator, discusses the challenges inherent in trying a complex civil case to a jury. He explores aspects of complex litigation that often impede jurors from effectively hearing such cases. In conclusion, he suggests litigation techniques which have proved successful in overcoming such obstacles and effectively translating complex evidence to jurors.

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman

University of Michigan Journal of Law Reform

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of afield experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of …

Jury Trials In The Heartland, Stephen E. Chappelear

University of Michigan Journal of Law Reform

In this Article, Stephen Chappelear draws on his study of civil jury trials in the Franklin County Court of Common Pleas in Columbus, Ohio. He concludes that trial by jury results in justice. Despite the popular belief that juries are modern day Robin Hoods, empirical data suggests that their verdicts are lower than commonly believed.

Creating A Seamless Transition From Jury Box To Jury Room For More Effective Decision Making, Annie King Phillips

University of Michigan Journal of Law Reform

Why am I writing here? I am not a judge or lawyer, and I may never be. I don't even play one on TV. In searching for an answer to this question, it came to mind that at sometime in everyone's life, there is a need to enter the court system-as a victim, offender, witness, court staff or juror. The interactions among these persons impact the effective administration of justice in our court system. Every two years for the past eighteen years (like the tick of a clock), I am summoned to jury duty at either the District of Columbia …

Financing Plaintiffs' Lawsuits: An Increasingly Popular (And Legal) Business, Susan Lorde Martin

University of Michigan Journal of Law Reform

In the late eighties and early nineties there were a few publicized cases in which the plaintiffs invited investors to finance their litigation in exchange for a share of the awards if the plaintiffs won. This kind of arrangement provides access to the justice system which might otherwise be denied impecunious plaintiffs with meritorious claims. The problem with this kind of arrangement is that it is champerty, which is prohibited in most states. This Article discusses Massachusetts' recent rejection of the champerty prohibition, the expansion of exceptions to the prohibition in this country and others, and the emergence of firms …

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell, Matthew E. Cook

Mercer Law Review

This survey period yielded several notable decisions covering the professional malpractice affidavit/pleading requirement, renewal actions, attorney-client relations, and the summary judgment standard. Refinements in the areas of insurance practice, jury qualifications, releases, default judgment, and privileges lend important guidance to practitioners, judges, and scholars in the area of trial practice and procedure. The most significant legislative development of trial practice and procedure addressed the longstanding "vanishing venue" doctrine.

The Influence Of Race In School Finance Reform, James E. Ryan

Michigan Law Review

It would be an exaggeration to say that school finance reform is all about race, but largely in the same way that it is an exaggeration to say that welfare reform is all about race. Like welfare reform, the controversy generated by school finance litigation and reform has, on the surface, little to do with race. Battles over school funding, which have been waged in nearly forty state supreme courts and at least as many state legislatures, instead appear to be over such issues as the redistribution of resources, retaining local control over education, and the efficacy of increased expenditures. …

Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby

The Journal of Appellate Practice and Process

A justice of Australia's highest court gives advice to appellate advocates. The essay begins with an overview of Australia’s judicial structure. The discussion then focuses on ten rules for appellate advocacy.

Federal Rule Of Civil Procedure 23(F): Interlocutory Appeals Of Class Action Certification Decisions, Kenneth S. Gould

The Journal of Appellate Practice and Process

This article discusses the significance of Federal Rule of Civil Procedure 23(f). The article's review of Rule 23(f) includes the importance of class certification decisions and appellate review of certifications, historical imitations on appellate review of certifications, rationale for allowing appeal of interlocutory certification, operation of rule 23(f), the first application of the rule, and prospects of Rule 23(f) achieving its goals.

Oral Argument’S Big Challenge: Fielding Questions From The Court, Jason Vail

The Journal of Appellate Practice and Process

This article contains advice for handling questions during oral argument .

Appellate Practice And Procedure, William M. Droze, Andrea L. Siedlecki

Mercer Law Review

Appellate practice and procedure often dictates the resolution of cases presented for review. Although procedural rules are not implemented in a vacuum, and the particular facts and legal questions raised by each case necessarily determine their application, an analysis of appellate practice provides a valuable tool in assessing judicial trends by portraying the judicial character in a manner that transcends the peculiar circumstances of a given case.

An evaluation of recent appellate practice reveals an increased emphasis on judicial economy and efficiency. During 1998, the Eleventh Circuit appeared aware of the necessity of providing practitioners, parties, and lower courts with …

Trial Practice And Procedure, Philip W. Savrin, Robert W. Capobianco

Mercer Law Review

This Article surveys the 1998 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.

II. STATUTE OF LIMITATIONS

III. JURISDICTIONAL ISSUES

IV. PREEMPTION

V. ABSTENTION

VI. APPELLATE JURISDICTION

VII. MISCELLANEOUS

Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice

American University Law Review

No abstract provided.

A Second Look At Amended Rule 11 , Theodore C. Hirt

American University Law Review

No abstract provided.

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …

Legal Opinions In Corporate Transactions Affected By Fcc Regulation: An Economic Approach, John C. Quale, Brian D. Weimer

Federal Communications Law Journal

In 1996, a subcommittee of the Federal Communications Bar Association published a report on legal opinion practice in corporate transactions involving FCC licensees (the FCBA Report). The FCBA Report, although inspired by the American Bar Association’s Legal Opinion Accord and Guidelines (the Accord), deviated from the Accord in many important respects. The FCBA Report likewise is at variance with the recent report of the TriBar Opinion Committee (the TriBar Report), which presents a comprehensive treatment of customary legal opinion practice. Given recent developments in case law expanding the liability of lawyers to third parties for their …

Criminal Fraud , Ellen S. Podgor

American University Law Review

No abstract provided.

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Employment Contracts After O'Brien V. New England Telephone & Telegraph Co.: An Open Door For Failure-To-Promote Claims, David A. A. Brown, Margaret H. Paget

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Case Of John Salvi: Ethical Binds When Representing The Incompetent Defendant, Gregory Brown

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Foxes Guarding The Chicken Coop: Intervention As Of Right And The Defense Of Civil Rights Remedies, Alan Jenkins

Michigan Journal of Race and Law

This article focuses on the recent spate of cases in which educational institutions on the grounds that their race-conscious admissions policies are unconstitutional. The author analyzes the role of minority students and organizations who are the beneficiaries of those polices at the defendant institutions and their recent attempts to intervene in the lawsuits pursuant to Rule 24 of the Federal Rules of Civil Procedure. First, the author argues that under the traditional interpretation of Rule 24(a); intervention of right should be granted to minority students and organizations in the great majority of instances. Second, the author looks at the reasons …

Focus On The Crucial Issue, Myron H. Bright

The Journal of Appellate Practice and Process

A Senior Judge for the United States Court of Appeals for the Eighth Circuit addresses the importance of saving valuable time by focusing on the core issues when arguing a case. The essay also provides guidance on identifying core issues.

19 Tips From 19 Years On The Appellate Bench, Patricia M. Wald

The Journal of Appellate Practice and Process

A former Chief Judge of the United States Court of Appeals for the District of Columbia Circuit provides nineteen pieces of appellate advice to commemorate her nineteen years with the court.

Prosecutorial Misconduct In Closing Argument: The Role Of Intent In Appellate Review, Paul J. Spiegelman

The Journal of Appellate Practice and Process

This article is the first of two articles that discuss the concern of prosecutorial misconduct. This article focuses improper prosecutorial argument in the 1990s. The article examines a California Supreme Court reversal of a murder conviction and death sentence due to misconduct during the prosecutor’s closing argument. The article then discusses forty-five federal appellate court opinions addressing the issue of prosecutorial misconduct.

In Defense Of Oral Argument, Stanley Mosk

The Journal of Appellate Practice and Process

Stanley Mosk presents a case against the trend of appellate courts granting oral argument less frequently.

Editor's Note, Sean M. O'Brien

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Opinion, Probable Cause, Factual Investigation: The Admissibility Of Ntsb Reports And Investigator's Opinions In Aviation Accident Litigation, Lorri E. Badolato

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.