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Articles 1 - 12 of 12

Full-Text Articles in Law

The Myth Of Notice Pleading, Christopher M. Fairman Dec 2003

The Myth Of Notice Pleading, Christopher M. Fairman

Christopher M Fairman

No abstract provided.


For Owen M. Fiss: Some Reflections On The Triumph And The Death Of Adjudication, Judith Resnik Oct 2003

For Owen M. Fiss: Some Reflections On The Triumph And The Death Of Adjudication, Judith Resnik

University of Miami Law Review

No abstract provided.


Real Options In Law: (Possibly, Frivolous) Litigation And Other Applications, Peter H. Huang Aug 2003

Real Options In Law: (Possibly, Frivolous) Litigation And Other Applications, Peter H. Huang

ExpressO

This Article advances the thesis that real options are not only ubiquitous in law, but also provide novel insights about legal decision making, doctrines and rules. An introduction provides a brief a primer about financial options, real options, and real options in law. Part I of this Article develops implications of the fact that every lawsuit contains a sequence of real options for the plaintiff to unilaterally abandon that lawsuit. Part II of this Article appraises the limitations of game-theoretic analysis of the abandonment options embedded in litigation and some responses to such limitations. Part III of this Article illustrates …


Civil Justice Systems In Europe And The United States, Hein Kötz Jul 2003

Civil Justice Systems In Europe And The United States, Hein Kötz

Duke Journal of Comparative & International Law

No abstract provided.


The Civil Jury And American Democracy, Paul D. Carrington Jul 2003

The Civil Jury And American Democracy, Paul D. Carrington

Duke Journal of Comparative & International Law

No abstract provided.


Notas Sobre As Tutelas Mandamental E Executiva ‘Lato Sensu’ Nas Leis Nº 10.358/01 E 10.444/02, Nelson Rodrigues Netto Apr 2003

Notas Sobre As Tutelas Mandamental E Executiva ‘Lato Sensu’ Nas Leis Nº 10.358/01 E 10.444/02, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.


Symposium Introduction: Perspectives On Dispute Resolution In The Twenty-First Century, Jeffrey W. Stempel Jan 2003

Symposium Introduction: Perspectives On Dispute Resolution In The Twenty-First Century, Jeffrey W. Stempel

Scholarly Works

No abstract provided.


Destruction Of Documents Before Proceedings Commence: What Is A Court To Do?, Camille Cameron, Jonathan Liberman Jan 2003

Destruction Of Documents Before Proceedings Commence: What Is A Court To Do?, Camille Cameron, Jonathan Liberman

Articles, Book Chapters, & Popular Press

The effective performance by courts of their adjudicative role depends on the availability of relevant evidence. In civil proceedings, the discovery process aims to ensure that such evidence is available. If documents that would be relevant evidence in a trial are destroyed, a fair adjudication is made difficult, if not impossible. This is so whether the destruction of documents occurs before or after proceedings commence. This article asks what a trial judge should do in a situation where relevant evidence is unavailable because one of the parties has destroyed documents before the proceedings commenced but anticipating that such proceedings were …


Civil Procedure: Class Certification And The Predominance Requirement Under Oklahoma Section 2023(B)(3), Steven S. Gensler Jan 2003

Civil Procedure: Class Certification And The Predominance Requirement Under Oklahoma Section 2023(B)(3), Steven S. Gensler

Oklahoma Law Review

No abstract provided.


Compulsory Party Joinder And Tribal Sovereign Immunity: A Proposal To Modify Federal Courts' Application Of Rule 19 To Cases Involving Absent Tribes As "Necessary" Parties, Nicholas V. Merkley Jan 2003

Compulsory Party Joinder And Tribal Sovereign Immunity: A Proposal To Modify Federal Courts' Application Of Rule 19 To Cases Involving Absent Tribes As "Necessary" Parties, Nicholas V. Merkley

Oklahoma Law Review

No abstract provided.


Civil Procedure: Time To Stand Back: Unnecessary Gate-Keeping To Oklahoma Courts, Stasha D. Mcbride Jan 2003

Civil Procedure: Time To Stand Back: Unnecessary Gate-Keeping To Oklahoma Courts, Stasha D. Mcbride

Oklahoma Law Review

No abstract provided.


Fact-Finding In Civil Domestic Violence Cases: Secondary Traumatic Stress And The Need For Compassionate Witness, Ann E. Freedman Jan 2003

Fact-Finding In Civil Domestic Violence Cases: Secondary Traumatic Stress And The Need For Compassionate Witness, Ann E. Freedman

American University Journal of Gender, Social Policy & the Law

No abstract provided.