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Articles 1 - 11 of 11
Full-Text Articles in Law
Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski
Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski
Faculty Scholarship
No abstract provided.
"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow
"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow
Faculty Scholarship
No abstract provided.
From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Aaron D. Twerski, Margaret Berger
From The Wrong End Of The Telescope: A Response To Professor David Bernstein, Aaron D. Twerski, Margaret Berger
Faculty Scholarship
No abstract provided.
What We Talk About When We Talk About Workplace Privacy, Anita Bernstein
What We Talk About When We Talk About Workplace Privacy, Anita Bernstein
Faculty Scholarship
No abstract provided.
Information, Litigation, And Common Law Evolution, Keith N. Hylton
Information, Litigation, And Common Law Evolution, Keith N. Hylton
Faculty Scholarship
It is common in the legal academy to describe judicial decision trends leading to new common law rules as resulting from conscious judicial effort. Evolutionary models of litigation, in contrast, treat common law as resulting from pressure applied by litigants. One apparent difficulty in the theory of litigation is explaining how trends in judicial decisions favoring one litigant, and biasing the legal standard, could occur. This article presents a model in which an apparent bias in the legal standard can occur in the absence of any effort toward this end on the part of judges. Trends can develop favoring the …
Secrecy In Context: The Shadowy Life Of Civil Rights Litigation, Minna J. Kotkin
Secrecy In Context: The Shadowy Life Of Civil Rights Litigation, Minna J. Kotkin
Faculty Scholarship
No abstract provided.
Book Review: Tom Baker's The Medical Malpractice Myth, Barbara A. Noah
Book Review: Tom Baker's The Medical Malpractice Myth, Barbara A. Noah
Faculty Scholarship
The Author reviews THE MEDICAL MALPRACTICE MYTH by Tom Baker, published by University of Chicago Press, 2005. Baker’s book confronts the idea that medical malpractice litigation is exploding and underserving plaintiffs and that their attorneys receive unjustified rewards while physicians struggle under the burden of high costs. The book strives to debunk the various aspects of this myth and offers directions for reform. Throughout the book, Baker very effectively connects the legal arguments and the insurance and litigation data to his broader points about the politics of tort reform. Baker’s style is concise, lively, and very readable. He effectively weaves …
The Clinician As Ethical Role Model In The Criminal Appellate Litigation Clinic, J. Thomas Sullivan
The Clinician As Ethical Role Model In The Criminal Appellate Litigation Clinic, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Court-Ordered Confidentiality In Discovery Symposium: Secrecy In Litigation: I: Article, Howard M. Erichson
Court-Ordered Confidentiality In Discovery Symposium: Secrecy In Litigation: I: Article, Howard M. Erichson
Faculty Scholarship
The debate over discovery confidentiality has raged for over twenty years, since before the Supreme Court's decision in Seattle Times Co. v. Rhinehart, and it shows no sign of fading. If anything, issues of litigation confidentiality appear to have gained increased attention in recent years. The United States District Court for the District of South Carolina attracted nationwide attention in 2002 when it adopted a local rule severely restricting secret settlements and addressing other aspects of court-ordered confidentiality. In 2004 the Federal Judicial Center completed an empirical study of sealed settlements. It seems that each month of 2005 brought new …
Safe-Conduct Theory Of The Alien Tort Statute, The, Thomas H. Lee
Safe-Conduct Theory Of The Alien Tort Statute, The, Thomas H. Lee
Faculty Scholarship
In this Article, Professor Lee introduces a novel explanation of the Alien Tort Statute (ATS) - a founding-era enactment that has achieved modern prominence as a vehicle for international human rights litigation. He demonstrates how the statute was intended to address violations of something called a "safe conduct" - a sovereign promise of safety to aliens from injury to their persons and property. The safe-conduct theory advances a new modern role for the ATS to redress torts committed by private actors - including aliens - with a U.S. sovereign nexus, and not for international law violations committed by anyone anywhere. …
Teaching Reflective Lawyering In A Small Case Litigation Clinic: A Love Letter To My Clinic Papers Presented At The Ucla/Ials Conference On Enriching Clinical Education, Ian Weinstein
Faculty Scholarship
This article describes a live client, small case, teaching and learning centered, criminal defense clinic set in a high volume urban court. It offers concrete suggestions about how clinical educators can help students develop analytic and technical skills. The clinic model is conceived in three phases: giving students the opportunity to develop a contextualized understanding of the client; guiding students through strategic analysis and planning; and focusing students' litigation strategies on executing their tactical vision for their client. The article argues that this clinical setting structures the students' experiences so that they develop a complex and deeply moral lawyerly problem …