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Articles 1 - 8 of 8

Full-Text Articles in Law

Where Equity Meets Expertise: Re-Thinking Appellate Review In Complex Litigation, Michael J. Hays Dec 2008

Where Equity Meets Expertise: Re-Thinking Appellate Review In Complex Litigation, Michael J. Hays

University of Michigan Journal of Law Reform

The field of complex litigation continues to grow as both an academic study and a popular phenomenon. One cannot escape news accounts of major class action litigation, and lawyers continue to find new ways to push the outer bounds of civil litigation practices to accommodate large-scale disputes involving multiple claims or parties. Many question whether traditional procedures can or should apply to these cases. Drawing on this well-recognized procedural tension, this Article explores the relationship between trial and appellate courts in complex litigation and argues for a revised standard of appellate review for trial court decisions affecting the party structure …


Commonwealth Of Kentucky V. William P. King, Et Al. (Sc 1744), Manuscripts & Folklife Archives Sep 2008

Commonwealth Of Kentucky V. William P. King, Et Al. (Sc 1744), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 1744. Record of trial held in Simpson County, Kentucky of William P. King, Charles Smith, Abraham Owen and seven others for the murder of Harvey King. Defendants and victim had all participated in a previous train robbery. Also includes a photocopy of The Life of King and Owen, Written by Themselves, Revised and Prepared by Rev. L. M. Horn, Explaining the Railroad Robbery and Murder of Harvey King (Louisville, Ky., 1867); and “‘A High Handed Outrage:’ The King & Owens Railroad Robbery of 1866,” a paper written …


Rape At Rome: Feminist Interventions In The Criminalization Of Sex-Related Violence In Positive International Criminal Law, Janet Halley Jan 2008

Rape At Rome: Feminist Interventions In The Criminalization Of Sex-Related Violence In Positive International Criminal Law, Janet Halley

Michigan Journal of International Law

This Article examines the work of organized feminism in the formation of new international criminal tribunals over the course of the 1990s. It focuses on the statutes establishing the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC). It offers a description of the evolving organizational style of feminists involved in the legislative processes leading to the establishment of these courts, and a description of their reform agenda read against the outcomes in each court-establishing statute. At each stage, the Article counts up the feminist victories and defeats, …


The Victims Of Victim Participation In International Criminal Proceedings, Charles P. Trumbull Iv Jan 2008

The Victims Of Victim Participation In International Criminal Proceedings, Charles P. Trumbull Iv

Michigan Journal of International Law

This Article proceeds as follows. Part I discusses the emerging norms regarding victims' rights in international law and the factors that influenced the victim participation scheme in the Rome Statute. Section A focuses on the victims' rights movement in domestic and international law; Section B examines the case law on victim participation from several treaty-based international human rights tribunals; and Section C explains how criticisms of the ICTY and the ICTR resulted in extensive rights for victims in the ICC. Next, Part II explains the statutory framework that governs the victims' role in ICC proceedings. It then discusses the emerging …


Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez Jan 2008

Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Melting Hearts Of Stone: Clarence Darrow And The Sweet Trials, Douglas O. Linder Jan 2008

Melting Hearts Of Stone: Clarence Darrow And The Sweet Trials, Douglas O. Linder

Faculty Works

Detroit seemed to Dr. Ossian Sweet a good place to launch a medical practice in 1921. Ossian Sweet understood racial violence all too well. Growing up in Orlando, Ossian had witnessed a large crowd of whites running a black boy down a dusty road. Seeing racial hatred in its ugliest forms instilled in Sweet a deep race consciousness and determination not to let bigotry prevent him from achieving his own personal goals. He decided to move into his new home at 2905 Garland, whatever the risks to him and his family. Clarence Darrow associated with many causes over his long …


Without Fear Or Favor: Judge James Edwin Horton And The Trial Of The 'Scottsboro Boys', Douglas O. Linder Jan 2008

Without Fear Or Favor: Judge James Edwin Horton And The Trial Of The 'Scottsboro Boys', Douglas O. Linder

Faculty Works

One evening, Circuit Judge James Horton, Jr. was having dinner with his family in his antebellum home in central Athens, Alabama; Limestone's county seat. Dinners in the Horton household were an opportunity to discuss events of the day. In early March of 1933, there were plenty of events to discuss. The ringing of their party line phone interrupted the Horton family dinner. The judge excused himself from the table. When he returned a few minutes later, he looked grim. The retrial of the Scottsboro Boys had been transferred to Decatur in neighboring Morgan County. He was to be the presiding …


Stoneridge Investment Partners V. Scientific-Atlanta: The Political Economy Of Securities Class Action Reform, Adam C. Pritchard Jan 2008

Stoneridge Investment Partners V. Scientific-Atlanta: The Political Economy Of Securities Class Action Reform, Adam C. Pritchard

Articles

I begin in Part II by explaining the wrong turn that the Court took in Basic. The Basic Court misunderstood the function of the reliance element and its relation to the question of damages. As a result, the securities class action regime established in Basic threatens draconian sanctions with limited deterrent benefit. Part III then summarizes the cases leading up to Stoneridge and analyzes the Court's reasoning in that case. In Stoneridge, like the decisions interpreting the reliance requirement of Rule 10b-5 that came before it, the Court emphasized policy implications. Sometimes policy implications are invoked to broaden the reach …