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Civil Law

1993

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Articles 1 - 30 of 37

Full-Text Articles in Law

Jurors' Views Of Civil Lawyers: Implications For Courtroom Communication, Valerie P. Hans, Krista Sweigart Oct 1993

Jurors' Views Of Civil Lawyers: Implications For Courtroom Communication, Valerie P. Hans, Krista Sweigart

Indiana Law Journal

No abstract provided.


Law Reform Error: Retry Or Abort?, Audrey Macklin Oct 1993

Law Reform Error: Retry Or Abort?, Audrey Macklin

Dalhousie Law Journal

The void left by the demise of the Law Reform Commission of Canada (LRCC) in 1991 presents an opportunity to rethink the scope and legitimacy of law reform as it has been conceptualized and practised by academic lawyers. I am concerned that the dominant meaning ascribed to the term "federal law reform" under the tenure of the LRCC was partial, inadequate, and ultimately conservatizing in its influence. In reviewing past commentary on law reform in Canada, I have been struck by the recurring themes that emerged from the literature. I was particularly impressed by an exceptional piece written by the …


Central Pathology Service Medical Clinic, Inc. V. Superior Court: Statute Limiting Punitive Damages For The Professional Negligence Of Health Care Providers Includes Intentional Torts, Russell A. Gold Aug 1993

Central Pathology Service Medical Clinic, Inc. V. Superior Court: Statute Limiting Punitive Damages For The Professional Negligence Of Health Care Providers Includes Intentional Torts, Russell A. Gold

San Diego Law Review

In the 1992 decision of Central Pathology Service Medical Clinic, Inc. v. Superior Court the California Supreme Court held that every plaintiff injured by a health care provider must comply with section 452.13 of the California Civil Procedure Code, provided the injuries are directly related to the provision of professional services. Section 452.13 requires a pretrial determination of whether a punitive damage claim has a substantial probability of prevailing. This statute also applies to intentional torts, in which the plaintiff is injured by treatment to which the plaintiff did not consent. This Casenote analyzes whether additional procedural obstacles are warranted …


Private Justice And The Federal Bench, Lauren K. Robel Jul 1993

Private Justice And The Federal Bench, Lauren K. Robel

Indiana Law Journal

No abstract provided.


Constitutional Civil Law, Albert Sidney Johnson, Susan Cole Mullis Jul 1993

Constitutional Civil Law, Albert Sidney Johnson, Susan Cole Mullis

Mercer Law Review

During the 1992 survey period, the most noticeable aspect of the constitutional civil law jurisprudence of the United States Court of Appeals for the Eleventh Circuit was the large body of circuit jurisprudence concerning the First Amendment, both in the context of ballot access and the rights of public employees. The Eleventh Circuit also issued several opinions on constitutionalized procedural issues such as standing, abstention, preclusion, and ripeness. The court's receptiveness to these preliminary defenses provides an opportunity for government defendants to avoid litigation on the merits in appropriate cases.

Once again, the circuit's qualified immunity opinions illustrate the continuing …


Hedonic Damages: To Value A Life Or Not To Value A Life, Douglas L. Price Jun 1993

Hedonic Damages: To Value A Life Or Not To Value A Life, Douglas L. Price

West Virginia Law Review

No abstract provided.


Two Immediate Causes Of Action For West Virginians Exposed To Toxic Substances: Medical Surveillance And Emotional Distress Damages, Andrew J. Katz Jun 1993

Two Immediate Causes Of Action For West Virginians Exposed To Toxic Substances: Medical Surveillance And Emotional Distress Damages, Andrew J. Katz

West Virginia Law Review

No abstract provided.


The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: Reforming The Tort System May 1993

The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: Reforming The Tort System

San Diego Law Review

In 1986 a number of prominent legal scholars embarked upon a project commissioned by the American Law Institute to re-examine contemporary tort and personal injury law. Five years later, the results of this project came to fruition in a two-volume study entitled Reporters' Study on Enterprise Responsibility for Personal Injury. After a year's debate within the American Law Institute about the broad range of issues canvassed by the Study, the Institute's Executive Council endorsed the value of the Study for deliberations about tort reform going on in both legislative and judicial forums. This is the introductory chapter of each volume …


Structuring Complexity, Disciplining Reality: The Challenge Of Teaching Civil Procedure In A Time Of Change, Elizabeth M. Schneider Jan 1993

Structuring Complexity, Disciplining Reality: The Challenge Of Teaching Civil Procedure In A Time Of Change, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Executive Branch Civil Justice Reform, Carl Tobias Jan 1993

Executive Branch Civil Justice Reform, Carl Tobias

American University Law Review

No abstract provided.


The American Rule On Attorney Fee Allocation: The Injured Person's Access To Justice, John F. Vargo Jan 1993

The American Rule On Attorney Fee Allocation: The Injured Person's Access To Justice, John F. Vargo

American University Law Review

No abstract provided.


Executive Branch Civil Justice Reform, Carl Tobias Jan 1993

Executive Branch Civil Justice Reform, Carl Tobias

American University Law Review

No abstract provided.


Las Obligaciones Del Vendedor En La Compraventa Internacional, Jorge Carlos Adame Jan 1993

Las Obligaciones Del Vendedor En La Compraventa Internacional, Jorge Carlos Adame

Jorge Adame Goddard

No abstract provided.


Análisis De La Ley De Asociaciones Religiosas Y Culto Público, Jorge Carlos Adame Jan 1993

Análisis De La Ley De Asociaciones Religiosas Y Culto Público, Jorge Carlos Adame

Jorge Adame Goddard

No abstract provided.


Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin Jan 1993

Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin

American University Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


The Long, Strange Trip Of Willful And Wanton Misconduct And A Proposal To Clarify The Doctrine, 26 J. Marshall L. Rev. 363 (1993), Dan Groth Jr. Jan 1993

The Long, Strange Trip Of Willful And Wanton Misconduct And A Proposal To Clarify The Doctrine, 26 J. Marshall L. Rev. 363 (1993), Dan Groth Jr.

UIC Law Review

No abstract provided.


The American Rule On Attorney Fee Allocation: The Injured Person's Access To Justice, John F. Vargo Jan 1993

The American Rule On Attorney Fee Allocation: The Injured Person's Access To Justice, John F. Vargo

American University Law Review

No abstract provided.


Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin Jan 1993

Proposed Changes To Discovery Rules In Aid Of "Tort Reform": Has The Case Been Made?, Paul R. Sugarman, Marc G. Perlin

American University Law Review

No abstract provided.


Jaws Xvi: The Exceptions That Ate Rule 220, 26 J. Marshall L. Rev. 189 (1993), Charles W. Chapman Jan 1993

Jaws Xvi: The Exceptions That Ate Rule 220, 26 J. Marshall L. Rev. 189 (1993), Charles W. Chapman

UIC Law Review

No abstract provided.


Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein Jan 1993

Civil Penalties And Multiple Punishment Under The Double Jeopardy Clause: Some Unanswered Questions, David S. Rudstein

Oklahoma Law Review

No abstract provided.


Some Worries About Sentencing Guidelines, William T. Pizzi Jan 1993

Some Worries About Sentencing Guidelines, William T. Pizzi

Publications

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


University Of Richmond Law Review Jan 1993

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper Jan 1993

Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper

University of Richmond Law Review

Virginia courts and the General Assembly have effected a number of changes in civil practice and procedure during the past year. This article focuses on some significant developments of interest to the general litigation attorney. Matters affecting real property, juveniles, and construction laws are treated elsewhere in this volume.


Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi Jan 1993

Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi

Publications

No abstract provided.


A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger Jan 1993

A Survey Of Article Iii Procedural Issues Considered At The Federal Circuit During Its First Decade, 27 J. Marshall L. Rev. 25 (1993), Jerry R. Selinger

UIC Law Review

No abstract provided.