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Articles 1 - 30 of 33
Full-Text Articles in Litigation
Procedural Due Process Aspects Of District Of Columbia Eviction Procedures, Lynn E. Cunningham
Procedural Due Process Aspects Of District Of Columbia Eviction Procedures, Lynn E. Cunningham
ExpressO
The District of Columbia Superior Court, Landlord and Tenant Branch, administers the local Forcible Entry and Detainer statute in a manner that arguably violates standards of adequate notice under the Due Process Clause.
Electronic Discovery Sanctions In The Twenty-First Century, Shira A. Scheindlin, Kachana Wangkeo
Electronic Discovery Sanctions In The Twenty-First Century, Shira A. Scheindlin, Kachana Wangkeo
Michigan Telecommunications & Technology Law Review
At the federal level, the Civil Rules Advisory Committee has responded to the "unique and necessary feature of computer systems--the automatic recycling, overwriting, and alteration of electronically stored information"--with a proposed amendment to Rule 37. The proposed Rule 37(f) would shield litigants from sanctions for the destruction of electronic data if the party "took reasonable steps to preserve the information after it knew or should have known the information was discoverable in the action" and "the failure resulted from the loss of the information because of the routine operation of the party's electronic information system." The safe harbor provision would …
Minnesota's Pro Bono Appellate Program: A Simple Approach That Achieves Important Objectives, Thomas H. Boyd
Minnesota's Pro Bono Appellate Program: A Simple Approach That Achieves Important Objectives, Thomas H. Boyd
The Journal of Appellate Practice and Process
No abstract provided.
How Like A Winter? The Plight Of Absent Class Members Denied Adequate Representation, Susan P. Koniak
How Like A Winter? The Plight Of Absent Class Members Denied Adequate Representation, Susan P. Koniak
Faculty Scholarship
Class actions assume absent class members. 2 Notices in class actions tell class members that they need not show up in the courthouse, although they may if they choose.3 Class members are told that class counsel and the named class representatives will look out for them, although if they choose to hire their own lawyer, she may appear on their behalf.4 They are also routinely told that once the decision in the class action becomes final they will be bound by it, losing any and all right to protest the resolution of their claims by the class action …
The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura G. Dooley
The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura G. Dooley
ExpressO
The question of the relevant community from which a fair cross-section of jurors should be drawn has received little theoretical attention. This article seeks to fill that gap by using communitarian and postmodern theory to give content to the idea of "community" in the fair cross-section context. This analysis is timely and has grave practical importance, given that the federal government is increasingly assuming the prosecution of crime previously dealt with at the state level. This "federalization" of criminal enforcement has the second-order effect of changing the "community" from which criminal juries will be drawn, particularly in urban areas surrounded …
Appellate Practice And Procedure, K. Todd Butler
Appellate Practice And Procedure, K. Todd Butler
Mercer Law Review
This Article reviews cases decided in 2003 by the United States Court of Appeals for the Eleventh Circuit that have the greatest bearing on issues of federal appellate procedure for attorneys practicing in the Eleventh Circuit. Topics reviewed include parties' designation of matters appealed in the Notice of Appeal; parties' actions taken during or prior to trial to preserve issues for appeal; the interlocutory jurisdiction of appellate courts; the lack of appellate jurisdiction resulting from the mootness of issues appealed; and the invited error and judicial estoppel rules.
Actualidad En Derecho De La Competencia 2003, Gabriel Martinez Medrano
Actualidad En Derecho De La Competencia 2003, Gabriel Martinez Medrano
Gabriel Martinez Medrano
No abstract provided.
Are You Experienced?: Examining The Need For Specialized Ethics Rules In Patent Litigation, Benjamin J. Sodey
Are You Experienced?: Examining The Need For Specialized Ethics Rules In Patent Litigation, Benjamin J. Sodey
ExpressO
Any attorney licensed to practice before a federal district court, regardless or his or her area of specialization, may file a patent infringement suit on behalf of a client in that court. The possibility exists, therefore, for an attorney having little or no intellectual property experience to represent clients in complex patent litigation matters. Due to this, infringement defendants and their counsel may find themselves on the receiving end of a dubious patent claim brought by attorneys lacking patent law experience. This article discusses whether the existing rules governing attorney conduct, such as professional responsibility, procedural, or statutory rules, are …
The Market For Justice, The "Litigation Explosion," And The "Verdict Bubble": A Closer Look At Vanishing Trials, Frederic Nelson Smalkin, Frederic Nelson Chancellor Smalkin
The Market For Justice, The "Litigation Explosion," And The "Verdict Bubble": A Closer Look At Vanishing Trials, Frederic Nelson Smalkin, Frederic Nelson Chancellor Smalkin
ExpressO
This article takes a fresh look at the increasingly discussed topic of the scarcity of civil cases reaching trial in the Article III system. The number of cases tried declined by more than one-fourth in the decade from 1989-1999, and the decline continued at about the same rate to the end of the latest year for which statistics are available, 2002, while ADR (particularly arbitrations) skyrocketed.
The authors examine the history of competing English courts (particularly Common Pleas and King's Bench) for signs that, in fact, market competition can arise among dispute-resolving bodies. They also apply economic analysis to the …
Limitación Contractual A La Libertad De Competir (Transferencia De Activos Comerciales Y Clausulas De No Competencia), Gabriel Martinez Medrano
Limitación Contractual A La Libertad De Competir (Transferencia De Activos Comerciales Y Clausulas De No Competencia), Gabriel Martinez Medrano
Gabriel Martinez Medrano
No abstract provided.
Daños A La Reputacion De La Marca En Los Procesos De Transaccion Economica, Gabriel Martinez Medrano, Gabriela Soucasse
Daños A La Reputacion De La Marca En Los Procesos De Transaccion Economica, Gabriel Martinez Medrano, Gabriela Soucasse
Gabriel Martinez Medrano
No abstract provided.
Boicot Empresarial Y Defensa De La Competencia, Gabriel Martinez Medrano
Boicot Empresarial Y Defensa De La Competencia, Gabriel Martinez Medrano
Gabriel Martinez Medrano
No abstract provided.
Daños A La Reputacion De La Marca En Los Procesos De Transaccion Economica, Gabriel Martinez Medrano, Gabriela Soucasse
Daños A La Reputacion De La Marca En Los Procesos De Transaccion Economica, Gabriel Martinez Medrano, Gabriela Soucasse
Gabriel Martinez Medrano
No abstract provided.
Protección Contra La Dilución Marcaria En El Derecho Argentino., Gabriel Martinez Medrano
Protección Contra La Dilución Marcaria En El Derecho Argentino., Gabriel Martinez Medrano
Gabriel Martinez Medrano
El autor examina la proteccion de las marcas notorias y renombradas en el sistema de argentino de protección de marcas, con especial hincapie en la jurisprudencia de ese pais. En particular estudia como la jurisprudencia argentina trata los casos de dilución y de confusión indirecta (riesgo de asociación). Author expounds how the Well known and Famous marks are protected in the Argentine’s Trademarks system, with special emphazis in case law. The article developes how the argentine’s case law deals with dilution and likelihood of association cases involving well known marks.
Consular Absolutism: The Need For Judicial Review In The Adjudication Of Immigrant Visas For Permanent Residence, 37 J. Marshall L. Rev. 577 (2004), Maria Zas
UIC Law Review
No abstract provided.
The Cash Balance Plan: An Integral Component Of The Defined Benefit Plan Renaissance, 37 J. Marshall L. Rev. 753 (2004), Barry Kozak
UIC Law Review
No abstract provided.
Erisa: Re-Thinking Firestone In Light Of Great-West - Implications For Standard Of Review And The Right To A Jury Trial In Welfare Benefit Claims, 37 J. Marshall L. Rev. 629 (2004), Donald T. Bogan
UIC Law Review
No abstract provided.
The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald
The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald
UIC Law Review
No abstract provided.
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
UIC Law Review
No abstract provided.
Will Employment Discrimination Class Actions Survive?, Melissa Hart
Will Employment Discrimination Class Actions Survive?, Melissa Hart
Publications
Recent years have witnessed increasing attacks on the appropriateness of certification of employment discrimination class action claims. The shift is often attributed to amendments to federal antidiscrimination laws in the Civil Rights Act of 1991. This paper argues, however, that the changes wrought by the 1991 amendments need not pose a barrier to resolution of employment discrimination claims through class litigation. The addition of compensatory and punitive damages and a jury-trial right may increase the level of scrutiny and perhaps the level of judicial involvement necessary in an employment discrimination class action. But they do not render such a class …
The Province Of The Judiciary, 37 J. Marshall L. Rev. 325 (2004), William E. Nelson
The Province Of The Judiciary, 37 J. Marshall L. Rev. 325 (2004), William E. Nelson
UIC Law Review
No abstract provided.
The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman
The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman
UIC Law Review
No abstract provided.
Separations, Blow-Outs, And Fallout: A Treadise On The Regulatory Aftermath Of The Ford-Firestone Tire Recall, 37 J. Marshall L. Rev. 1073 (2004), Kevin M. Mcdonald
Separations, Blow-Outs, And Fallout: A Treadise On The Regulatory Aftermath Of The Ford-Firestone Tire Recall, 37 J. Marshall L. Rev. 1073 (2004), Kevin M. Mcdonald
UIC Law Review
No abstract provided.
Rethinking The Role Of Expert Testimony Regarding The Reliability Of Eyewitness Identifications In New York, Scott Woller
Rethinking The Role Of Expert Testimony Regarding The Reliability Of Eyewitness Identifications In New York, Scott Woller
NYLS Law Review
No abstract provided.
Original Jurisdiction Actions As A Remedy For Oklahoma's Decision Deficit, Bradley W. Welsh
Original Jurisdiction Actions As A Remedy For Oklahoma's Decision Deficit, Bradley W. Welsh
Oklahoma Law Review
No abstract provided.
A Global Convention On Choice Of Court Agreements, Ronald A. Brand
A Global Convention On Choice Of Court Agreements, Ronald A. Brand
Articles
This article reviews the work of the Special Commission of the Hague Conference on Private International Law, which meet during the first nine days of December 2003 to consider a Draft Text on Choice of Court Agreements. Negotiations originally sought a rather comprehensive convention on jurisdiction and the recognition and enforcement of judgments, with a preliminary draft convention being prepared in October 1999, and further revised at the first part of a Diplomatic Conference in June 2001. When it became clear that some countries, particularly the United States, could not agree to the convention being considered, negotiations were redirected at …
What Is The Time Limit For Filing A Lawsuit? It Depends On What Your Definition Of "Arising Under" Is! An Analysis Of Jones V. R.R. Donnelley & Sons Co., Barbara J. Fick
What Is The Time Limit For Filing A Lawsuit? It Depends On What Your Definition Of "Arising Under" Is! An Analysis Of Jones V. R.R. Donnelley & Sons Co., Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Jones et. al. v. R.R. Donnelly & Sons Co., 541 U.S. 369 (2004). The author predicted that the case would require the court to determine the appropriate statute of limitations to apply in a class action race-discrimination lawsuit filed under 42 U.S.C. § 1981.
Tribal Immunity And Tribal Courts, Catherine T. Struve
Tribal Immunity And Tribal Courts, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
Courts As Forums For Protest, Jules Lobel
Courts As Forums For Protest, Jules Lobel
Articles
For almost half a century, scholars, judges and politicians have debated two competing models of the judiciary's role in a democratic society. The mainstream model views courts as arbiters of disputes between private individuals asserting particular rights. The reform upsurge of the 1960s and 1970s led many to argue that courts are not merely forums to settle private disputes, but can also be used as instruments of societal change. Academics termed the emerging model the hein"public law" or "institutional reform" model.
The ongoing debate between these two views of the judicial role has obscured a third model of the role …
Eyes Tied Shut: Litigating For Access Under Cipa In The Government’S “War On Terror”, Cameron Stracher
Eyes Tied Shut: Litigating For Access Under Cipa In The Government’S “War On Terror”, Cameron Stracher
NYLS Law Review
No abstract provided.