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Articles 1 - 9 of 9
Full-Text Articles in Civil Law
Dispute Resolution In Pandemic Circumstances, George A. Bermann
Dispute Resolution In Pandemic Circumstances, George A. Bermann
Faculty Scholarship
The peaceful resolution of disputes is among the most important earmarks of a regime attached to the rule of law. Even in countries in which, for one reason or another, courts do not work especially well, civil peace is of paramount importance. The absence of effective institutions for the administration of justice between and among private parties would spell a high degree of social disorder.
Even in the absence of a crisis such as we are experiencing, justice systems face a number of challenges in this day and age. Does a jurisdiction have a sufficient number of persons qualified to …
Simplified Courts Can't Solve Inequality, Colleen F. Shanahan, Anna E. Carpenter
Simplified Courts Can't Solve Inequality, Colleen F. Shanahan, Anna E. Carpenter
Faculty Scholarship
State civil courts struggle to handle the volume of cases before them. Litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems. This access-to-justice crisis has led to a range of reform efforts and solutions. One type of reform, court simplification, strives to reduce the complexity of procedures and information used by courts to help unrepresented litigants navigate the judicial system. These reforms mitigate but do not solve the symptoms of the larger underlying problem: state civil courts are struggling because they have been stuck with legal cases that arise from the …
Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin
Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin
Faculty Scholarship
No abstract provided.
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
The Jury Wants To Take The Podium -- But Even With The Authority To Do So, Can It? An Interdisciplinary Examination Of Jurors' Questioning Of Witnesses At Trial, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
The Litigation Finance Contract, Maya Steinitz
The Litigation Finance Contract, Maya Steinitz
Faculty Scholarship
Litigation funding-for-profit, nonrecourse funding of a litigation by a nonparty-is a new and rapidly developing industry. It has been described as one of the "biggest and most influential trends in civil justice" today by RAND, the New York Times, and others. Despite the importance and growth of the industry, there is a complete absence of information about or discussion of litigation finance contracting, even though all the promises and pitfalls of litigation funding stem from the relationships those contracts establish and organize. Further, the literature and case law pertaining to litigation funding have evolved from an analogy between litigation funding …
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
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.
The Communities That Make Standards Of Care Possible, Anita Bernstein
The Communities That Make Standards Of Care Possible, Anita Bernstein
Faculty Scholarship
No abstract provided.
An Essay On Uncertainty And Fact-Finding In Civil Litigation, With Special Reference To Contract Cases, Alex Stein
An Essay On Uncertainty And Fact-Finding In Civil Litigation, With Special Reference To Contract Cases, Alex Stein
Faculty Scholarship
No abstract provided.