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Articles 1 - 30 of 79
Full-Text Articles in Civil Procedure
Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg
Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg
Cornell Law Faculty Publications
Professor Viscusi's article differs from the dominant mode of law and economics scholarship on punitive damages. The usual punitive damages article contains purely theoretical considerations about when punitive damages are appropriate and about their optimal level; no effort is made to ascertain whether the existing pattern of punitive awards corresponds with the theory. This is part of a larger problem: the dearth of empirical evidence in law and economics scholarship. Viscusi, on the other hand, provides empirical tests of whether punitive damages accomplish their goals, and he makes creative use of publicly available data sources. For the goal of his …
What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow
What If There Is No Client?: Prosecutors As "Counselors" Of Crime Victims, Stacy Caplow
Faculty Scholarship
No abstract provided.
Allowing Improper Argument Of Counsel To Be Raised For The First Time On Appeal As Fundamental Error: Are Florida Courts Throwing Out The Baby With The Bath Water?, Larry A. Klein
Florida State University Law Review
No abstract provided.
Abstracting The Record, Terry Crabtree
Abstracting The Record, Terry Crabtree
University of Arkansas at Little Rock Law Review
No abstract provided.
Civil Procedure—The End Of The Class Action In Multi-Taxpayer Litigation Seeking Refunds Of State Taxes. Acw Inc. V. Weiss, 329 Ark. 302, 947 S.W.2d 770 (1997)., Joey Nichols
University of Arkansas at Little Rock Law Review
No abstract provided.
Evidence—Scientific Evidence: Standard Of Review Raises Questions Of Fit. General Electric Co. V. Joiner, 118 S. Ct. 512 (1997)., Russell D. Marlin
Evidence—Scientific Evidence: Standard Of Review Raises Questions Of Fit. General Electric Co. V. Joiner, 118 S. Ct. 512 (1997)., Russell D. Marlin
University of Arkansas at Little Rock Law Review
No abstract provided.
Unsettled Standing: Who (Else) Should Enforce The Duties Of Charitable Fiduciaries?, Rob Atkinson
Unsettled Standing: Who (Else) Should Enforce The Duties Of Charitable Fiduciaries?, Rob Atkinson
Scholarly Publications
No abstract provided.
Civil Procedure, Robin Jean Davis, Louis J. Palmer Jr.
Civil Procedure, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Did The Civil Justice Reform Act Of 1990 Actually Expire?, Carl Tobias
Did The Civil Justice Reform Act Of 1990 Actually Expire?, Carl Tobias
University of Michigan Journal of Law Reform
The Civil Justice Reform Act of 1990 (CJRA) was intended to reduce the expense and delay associated with federal district court litigation by requiring courts to study and adopt new procedures. The CJRA's gains, however, may be erased by the uncertainty surrounding its sunset provision. Professor Tobias argues that Congress or the Judicial Conference should resolve the uncertainty by proclaiming that the CJRA has expired, thus forcing districts to abrogate procedures inconsistent with the Federal Rules of Civil Procedure.
The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank
The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
An Historical Analysis Of The Binding Effect Of Class Suits (Co-Authored With G. Hazard Jr. & J. Gedid), Stephen D. Sowle
An Historical Analysis Of The Binding Effect Of Class Suits (Co-Authored With G. Hazard Jr. & J. Gedid), Stephen D. Sowle
All Faculty Scholarship
No abstract provided.
Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan E. Steinman
Crosscurrents: Supplemental Jurisdiction, Removal, And The Ali Revision Project, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
The Scope Of Appellate Jurisdiction: Pendent Appellate Jurisdiction Before And After Swint, Joan E. Steinman
The Scope Of Appellate Jurisdiction: Pendent Appellate Jurisdiction Before And After Swint, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
The Current State Of The Peremptory Challenge, Coburn R. Beck
The Current State Of The Peremptory Challenge, Coburn R. Beck
William & Mary Law Review
No abstract provided.
Do Case Outcomes Really Reveal Anything About The Legal System? Win Rates And Removal Jurisdiction, Kevin M. Clermont, Theodore Eisenberg
Do Case Outcomes Really Reveal Anything About The Legal System? Win Rates And Removal Jurisdiction, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
General Observations on Interpreting Win-Rate Data Properly. Many empirical legal studies use data on plaintiffs' rate of success, because of those data's ready availability and apparent import. Yet these "win rates" are probably the slipperiest of all judicial data. Win rates are inherently ambiguous because of the case-selection effect. The litigants' selection of the cases brought produces a biased sample from the mass of underlying disputes. The settlement process, usually conducted by rational and knowledgeable persons who take into account and thereby neutralize the very factor that one would like to study, produces a residue of litigated cases for which …
Nearing The End Of Federal Civil Justice Reform In Montana, Carl W. Tobias
Nearing The End Of Federal Civil Justice Reform In Montana, Carl W. Tobias
Law Faculty Publications
In continuing the series of essays which evaluate and document the phenomenon of federal civil justice reform, this essay initially affords an update on recent developments in civil justice reform at the national level and in the United States District Court for the District of Montana (Montana District). The essay emphasizes the conclusion of two major studies that analyze the national reform effort and the submission to Congress of reports and a recommendation, which were premised substantially on these studies, by the Judicial Conference of the United States. The essay also stresses the completion by the Ninth Circuit District Local …
Reforming Common Sense Legal Reforms, Carl W. Tobias
Reforming Common Sense Legal Reforms, Carl W. Tobias
Law Faculty Publications
The Contract With America figured prominently in the Republican Party's victories in the 1994 congressional races. During the opening days of the 104th Congress, therefore, approximately one hundred sponsors introduced the Common Sense Legal Refonns Act (CSLRA), which embodied several measures that comprised the Contract's ninth precept. The only constituent of this package of proposals which actually became law was the Private Securities Litigation Refonn Act (PSLRA). Both Houses of Congress did pass products liability reform bills but lacked the requisite votes to override President Bill Clinton's veto. The House of Representatives approved the Attorney Accountability Act (AAA), which would …
The Sources And Scope Of Federal Procedural Common Law: Some Reflections On Erie And Gasperini, Wendy Collins Perdue
The Sources And Scope Of Federal Procedural Common Law: Some Reflections On Erie And Gasperini, Wendy Collins Perdue
Law Faculty Publications
In this Essay I explore what traditional Erie cases would look like if we treated those cases just like classic federal common law cases. I conclude that such an approach is consistent with Erie itself and is also consistent with many of the holdings, if not the language, of traditional Erie cases. This unified approach to substantive and procedural federal common law might have some advantages. In addition to providing conceptual uniformity, this approach would offer an escape from current Erie doctrine, which is confused and unsatisfactory. Under the current doctrine, the Court appears to vacillate between the balancing test …
Moving Violations: An Examination Of The Broad Preemptive Effect Of The Carmack Amendment, Jeanne M. Kaiser
Moving Violations: An Examination Of The Broad Preemptive Effect Of The Carmack Amendment, Jeanne M. Kaiser
Faculty Scholarship
This Article addresses the general principles of preemption, and describes the history, purpose and language of the Carmack Amendment. The Article then demonstrates that at the time the amendment was passed, Congress had no intention of preempting claims based on moving industry misconduct. Part II discusses the constitutional principles that govern application of the law of federal preemption and describes how application of preemption in Carmack Amendment cases has diverged from the overall application of preemption principles in other areas of congressional legislation. Finally, Part III argues that the courts have improperly granted the moving industry carte blanche to deceive …
Putting Personal Jurisdiction Within Reach: Just What Has Rule 4(K)(2) Done For The Personal Jurisdiction Of Federal Courts, Dora A. Corby
Putting Personal Jurisdiction Within Reach: Just What Has Rule 4(K)(2) Done For The Personal Jurisdiction Of Federal Courts, Dora A. Corby
McGeorge Law Review
No abstract provided.
The Effect Of Lifting The Blindfold From Civil Juries Charged With Apportioning Damages In Modified Comparative Fault Cases: An Empirical Study Of The Alternatives, Jordan H. Leibman, Robert B. Bennett, Richard Fetter
The Effect Of Lifting The Blindfold From Civil Juries Charged With Apportioning Damages In Modified Comparative Fault Cases: An Empirical Study Of The Alternatives, Jordan H. Leibman, Robert B. Bennett, Richard Fetter
Scholarship and Professional Work - Business
Focuses on a study on the effect of lifting the blindfold from civil juries charged with apportioning damages in modified comparative fault cases. Historical background on comparative fault in the United States; Origin of blindfolding; Comparison of blindfold modified comparative fault verdicts with sunshine verdicts; Conclusions.
Comment On The Supplemental-Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf
Comment On The Supplemental-Jurisdiction Statute: 28 U.S.C. § 1367, Arthur D. Wolf
Faculty Scholarship
This Article discusses the supplemental-jurisdiction statute of 1990, 28 U.S.C. § 1367, which has generated more commentary than perhaps any other jurisdictional section. Together, § 1331, which traces its history to the Judiciary Act of 1875, and § 1332, which dates back to the Judiciary Act of 1789, did not undoubtedly promote more examination in their first eight years of existence. One might speculate why § 1367 has been the focus of so much commentary, largely critical: critical of the speed with which § 1367 was enacted, critical of the narrow range of persons involved in its drafting, critical of …
Industrial Espionage As Unfair Competition, Robert L. Tucker
Industrial Espionage As Unfair Competition, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson
Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson
Ira Steven Nathenson
This Article addresses 'spamdexing,' namely, the practice of stuffing invisible keywords into webpages in order to try to get more favorable listings with search engines. For instance, some website owners will stuff the trademarks of competitors into a webpage’s code, particularly by using 'meta tags,' indexing keywords that can be hidden in a webpage’s source code. Although meta tags are not typically viewed by users, the code can be read by search engines, with the result that webpages may be improperly boosted in search engine rankings. Such practices can confuse the public and have also spurred trademark lawsuits. But the …
Postmodernism, Spirit Healing, And The Proposed Amendments To The Indian Child Welfare Act, Sandra Ruffin
Postmodernism, Spirit Healing, And The Proposed Amendments To The Indian Child Welfare Act, Sandra Ruffin
Sandra Ruffin
No abstract provided.
Did The Civil Justice Reform Act Of 1990 Actually Expire?, Carl W. Tobias
Did The Civil Justice Reform Act Of 1990 Actually Expire?, Carl W. Tobias
Law Faculty Publications
The Civil Justice Reform Act of 1990 (CJRA) was intended to reduce the expense and delay associated with federal district court litigation by requiring courts to study and adopt new procedures. The CJR.lrs gains, however, may be erased by the uncertainty surrounding its sunset provision. Professor Tobias argues that Congress or the Judicial Conference should resolve the uncertainty by proclaiming that the CJRA has expired, thus forcing districts to abrogate procedures inconsistent with the Federal Rules of Civil Procedure.
The Judicial Conference Report And The Conclusion Of Federal Civil Justice Reform, Carl W. Tobias
The Judicial Conference Report And The Conclusion Of Federal Civil Justice Reform, Carl W. Tobias
Law Faculty Publications
The Civil Justice Reform Act (CJRA) of 1990 instituted a nationwide experiment with procedures for decreasing expense and delay in federal civil litigation. Congress required all ninety-four federal district courts to adopt civil justice expense and delay reduction plans and to apply cost and delay reduction measures for at least four years.Congress correspondingly prescribed considerable evaluation of the experimentation which the federal districts undertook. The 1990 legislation mandated that each court annually assess the efficacy of the procedures which the district employed. Moreover, Congress required that an “independent organization with expertise in the area of Federal court management” conduct a …
Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner
Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner
Richmond Journal of Law & Technology
Throughout American legal history the adequacy of traditional jurisprudence has been tested by technological developments. The creation and expanded use of the Internet is the latest of these advancements. There are, however, characteristics of the Internet that distinguish it from past technological breakthroughs. These features include the difficulty of defining the Internet in traditional terms, the plethora of the contacts taking place, and the speed at which the Internet is expanding.
1367 And All That: Recodifying Federal Supplemental Jurisdiction, Thomas D. Rowe Jr.
1367 And All That: Recodifying Federal Supplemental Jurisdiction, Thomas D. Rowe Jr.
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.
The Forgotten Proviso Of § 1367(B) (And Why We Forgot), Peter Raven-Hansen
The Forgotten Proviso Of § 1367(B) (And Why We Forgot), Peter Raven-Hansen
Indiana Law Journal
Symposium: A Reappraisal of the Supplemental-Jurisdiction Statute: Title 28 U.S.C. § 1367.