Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- ATCA (1)
- Alien Tort Claims Act (1)
- Bernstein (1)
- Board of Regents of the University of Wisconsin System v. Southworth (1)
- Branzburg v. Hayes (1)
-
- CJRA (1)
- Chicago Council of Lawyers v. Bauer (1)
- Civil Justice Reform Act of 1990 (1)
- Connecticut Magazine v. Monaghan (1)
- Cornell v. Generali (1)
- Generali (1)
- Gentile v. State Bar (1)
- Gentile v. State Bar of Nevada (1)
- Globe Newspaper Co. v. Superior Court (1)
- Goodman v. Searle (1)
- Handel v. Artukovic (1)
- Hirschkop v. Snead (1)
- In re Application of Dow Jones & Co. (1)
- In re Morrissey (1)
- In re Russell (1)
- Iwanowa v. Ford Motor Co. (1)
- Levine v. United States (1)
- Litigation costs (1)
- Litigation delays (1)
- MOMA (1)
- Mills v. Alabama (1)
- Montana ex rel. Missoulian v. Montana Twenty-First Judicial District Court (1)
- Museum of Modern Art (1)
- NBC Subsidiary Inc. v. Superior Court (1)
- Nebraska Press Ass'n v. Stuart (1)
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Law
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Richmond Journal of Law and the Public Interest
As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …
Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl W. Tobias
Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl W. Tobias
Law Faculty Publications
One decade ago, Congress undertook an ambitious, controversial effort to reduce expense and delay in the federal civil justice system. The Civil Justice Reform Act ("CJRA") of 1990 instituted unprecedented nationwide experimentation by requiring that all ninety-four federal district courts scrutinize their civil and criminal dockets and then promulgate and apply numerous procedures which district judges believed would save cost and time in civil litigation. Congress also prescribed rigorous assessment of the six principles, guidelines, and techniques of litigation management and expense and delay reduction that federal districts in fact adopted and enforced. Lawmakers provided for an expert, independent evaluator …
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Richmond Public Interest Law Review
As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …
Nuremberg In America: Litigating The Holocaust In United States Courts, Michael J. Bazyler
Nuremberg In America: Litigating The Holocaust In United States Courts, Michael J. Bazyler
University of Richmond Law Review
The phrase "opening the floodgates of litigation" connotes a pejorative meaning in American legal argument. Most often, it is used by courts as a reason not to allow a certain case to proceed for fear that it would overburden both courts and society with a new class of lawsuits.
What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla
What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla
University of Richmond Law Review
In this Allen Chair Symposium issue of the University of Richmond Law Review, three outstanding scholars have written provocative pieces on the First Amendment. Professor John Nowak engages in an exercise of constitutional futurism, "'remembering the future" to propose a number of relatively radical alterations of First Amendment doctrine to achieve what he argues should be the appropriate balance between freedom of speech and fair trials in "cyber world." Professor Paul Carrington, arguing that a communitarian right of citizens to self-government is the principal that ought to animate our politics and law, has launched a broadside indictment against contemporary First …
Trial Participants In The Newsgathering Process, C. Thomas Dienes
Trial Participants In The Newsgathering Process, C. Thomas Dienes
University of Richmond Law Review
The 1990s produced a number of sensational criminal and civil trials. The media and public avidly followed the murder trials of O.J. Simpson and the Menendez brothers, the Oklahoma City bombing trials of Timothy McVeigh and Terry Nichols, and the trial of those charged in the World Trade Center bombing. Civil trials involving products liability, medical malpractice, environmental pollution; the civil trial of O.J. Simpson; Paula Jones's sexual harassment action against President Clinton; and the notorious antitrust case against Microsoft similarly captured the public's attention. Also, as might be expected, trial judges and the legal system generally grappled with questions …