Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Adversarialism (1)
- Adversary system (1)
- American academic legal thought (1)
- Appellate judges (1)
- Civil litigation (1)
-
- Commercial insurance policies (1)
- Congress (1)
- Constrain and control (1)
- Cultural literacy (1)
- Customs (1)
- Executive (1)
- External perspective (1)
- Insurance (1)
- Insurance contract (1)
- Insurance coverage (1)
- Insurers (1)
- Internal perspective (1)
- Interpretation (1)
- Judging (1)
- Judicial construction (1)
- Judicial interpretation (1)
- Jurisprudence (1)
- Justify and redeem (1)
- Law of judges (1)
- Law of the academy (1)
- Legal culture (1)
- Legal education (1)
- Legal meaning (1)
- Litigation (1)
- Normativity (1)
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Judges
The Georgia Jury And Negligence: The View From The Trenches, R. Perry Sentell Jr.
The Georgia Jury And Negligence: The View From The Trenches, R. Perry Sentell Jr.
Scholarly Works
This is the third part of a project devoted to analyzing the Georgia negligence jury. The project employed as its original point of departure the extensive Chicago Jury Study of the 1960s, directed by Chicago Law Professor Harry Kalven, Jr. That Study's immortality derives principally from its famous first premise: Meaningful evaluation of the jury system must originate from within the system itself. That premise propelled Professor Kalven through a massive national survey of trial judges. The judges' responses, under Kalven's insightful analysis, yielded an unprecedented profile of the American jury. In foundational fashion, those responses indelibly etched into legal …
Reassessing The Sophisticated Policyholder Defense In Insurance Coverage Litigation, Jeffrey W. Stempel
Reassessing The Sophisticated Policyholder Defense In Insurance Coverage Litigation, Jeffrey W. Stempel
Scholarly Works
Insurance law often is ironically regarded as both consistent and confusing. However, the 1980s saw significant flowering in the development of an insurance coverage interpretation doctrine that, although seriously flawed in its present form, offers the as yet untapped potential of substantial improvement in judicial construction of commercial insurance policies through seemingly inconsistent treatment of insurance coverage disputes.
During the past two decades, in response to the prodding of lawyers representing insurers, courts have increasingly noted that not all insurance policyholders are equal. Some have more money and bargaining clout than others. Some have more sophistication and understanding about the …
Clerks In The Maze, Pierre Schlag
Cultural Literacy And The Adversary System: The Enduring Problems Of Distrust, Misunderstanding And Narrow Perspective, Jeffrey W. Stempel
Cultural Literacy And The Adversary System: The Enduring Problems Of Distrust, Misunderstanding And Narrow Perspective, Jeffrey W. Stempel
Scholarly Works
The meandering road to discovery reform illustrates, among other things, the ineffectiveness of an atomized profession that lacks either sufficient understanding of the adversary system or the resources and forcefulness to address the practical impact of adversarialism. In some ways, lawyers reforming litigation can be characterized as poorer investigators than the sixsome who examined the elephant. The elephant sleuths were guilty of isolation and ignorance. Lawyers and policy makers not only exhibit a lack of information and empathy, but also often show an unwarranted distrust of or contempt for the elements of the profession with which they disagree. Unfortunately, however, …
Time Warps And Identity Crises: Muddling Through The Misnomer/Misidentification Mess, 26 J. Marshall L. Rev. 257 (1993), Diane S. Kaplan, Kimberly L. Craft
Time Warps And Identity Crises: Muddling Through The Misnomer/Misidentification Mess, 26 J. Marshall L. Rev. 257 (1993), Diane S. Kaplan, Kimberly L. Craft
UIC Law Review
No abstract provided.