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Articles 1 - 15 of 15

Full-Text Articles in Law

Comment On Peterson And Selvin, Lea Brilmayer Jul 1991

Comment On Peterson And Selvin, Lea Brilmayer

Law and Contemporary Problems

A comment on an article by Peterson and Selvin dealing with the role of courts as participants in the resolution of mass tort cases is presented.


Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler Jul 1991

Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler

Law and Contemporary Problems

It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.


“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer Jul 1991

“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer

Law and Contemporary Problems

Improving the ability of Congress to regulate the use of judicial resources is discussed. Reducing caseload growth in the federal courts, assuring that judicial resources are utilized effectively and a proposed agency that would structure jurisdiction under particular legislation are discussed.


From “Cases” To “Litigation”, Judith Resnik Jul 1991

From “Cases” To “Litigation”, Judith Resnik

Law and Contemporary Problems

Changes in attitude and practice about the propriety of resolving cases in groups as part of one litigation are documented. The aggregation of civil cases is discussed.


Aggregating Litigation, Ralph K. Winter Jul 1991

Aggregating Litigation, Ralph K. Winter

Law and Contemporary Problems

A comment on Judith Resnik's article on the aggregation of civil cases is presented. The goals of aggregating litigation and the very circumstances in which aggregation works best in achieving those goals are discussed. The aggregation of personal injury cases is also discussed.


A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn Jul 1991

A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn

Law and Contemporary Problems

A comment on Larry Kramer's article suggesting an addition to the mechanisms of congressional review of proposed legislation that has an impact on the work of federal courts is presented. The Office of Technology Assessment's present job for Congress in this respect is evaluated.


“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck Jul 1991

“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck

Law and Contemporary Problems

The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.


Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin Jul 1991

Mass Justice: The Limited And Unlimited Power Of Courts, Mark A. Peterson, Molly Selvin

Law and Contemporary Problems

The role of courts in mass tort litigation is examined. The courts' interests in such cases, the power that courts have to aggregate claims, limits on that power and the flexibility that courts have to get around limits are discussed. Ways that courts' interests in resolving mass tort litigation interfere with judicial promulgation and consistent application of legal rules are also discussed.


One Hundred Years Of Influence On National Jurisprudence: Second Circuit Court Of Appeals Decisions Reviewed By The United States Supreme Court, Roger J. Miner '56 Jan 1991

One Hundred Years Of Influence On National Jurisprudence: Second Circuit Court Of Appeals Decisions Reviewed By The United States Supreme Court, Roger J. Miner '56

Endowed/named Lectures and Keynote Addresses

No abstract provided.


Core Freedoms In Nigerian And U.S. Constitutions: A Study In Difference, Gordon A. Christenson Jan 1991

Core Freedoms In Nigerian And U.S. Constitutions: A Study In Difference, Gordon A. Christenson

Faculty Articles and Other Publications

This article compares core freedoms in the United States Constitution with similar constitutional experience encountered in the Nigerian Constitution. It is a study in difference, illuminated by learned papers and discussion of these issues by judges, lawyers, professors, journalists and activists in Nigeria. Moreover, to add a third dimension, differences and similarities in constitutional experiences are shown within the contemporary framework of international norms.


Confessions Of An Ethics Chairman, Richard H. Underwood Jan 1991

Confessions Of An Ethics Chairman, Richard H. Underwood

Law Faculty Scholarly Articles

This article responds to the critics of state bar ethics committees. Indirectly, it raises some questions about the need, or at least the extent of the need, for yet another law-related cottage industry (the for hire legal ethics consultant). It also provides some friendly advice for those well-meaning types in every jurisdiction who are perennially "reforming" or "energizing" their bar associations and demanding for the "membership" a dazzling new array of services. It discusses practical problems that have gone unmentioned in the limited literature, just as it takes issue with many of the assertions that have been made in that ...


The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel Jan 1991

The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel

Scholarly Works

No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often ...


The Federal Courts In The 21st Century, Maurice Rosenberg Jan 1991

The Federal Courts In The 21st Century, Maurice Rosenberg

Nova Law Review

In forecasting the future, one should undoubtedly pick a target

date far enough ahead to assure that mortality will get here first.


Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter Jan 1991

Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter

Fordham Law Review

Paper presented on April 12, 1991, as part of the Fordham University School of Law's Graduate Colloquium 1990-1991, The S&L Crisis: Death and Transfiguration. This paper is a pilot for a study being prepared for the Administrative Conference of the United States on the enforcement powers of the federal banking agencies. The views expressed herein are those of the author and do not necessarily reflect those of the Conference, its members or its staff.


International Law Principles Governing The Extraterritorial Application Of Criminal Law, Christopher L. Blakesley Jan 1991

International Law Principles Governing The Extraterritorial Application Of Criminal Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on the differences and similarities between Germany and the United States on international principles of jurisdiction over extraterritorial crime.