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Articles 1 - 12 of 12
Full-Text Articles in Law
The Myth Of Notice Pleading, Christopher M. Fairman
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
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
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
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
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
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
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
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
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
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
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
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.