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1999

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Full-Text Articles in Law

Constitutional Law -- Due Process Clause -- Third Circuit Holds That $50 Million Punitive Damages Award In Context Of A $48 Million Compensatory Award Is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. V. Ebi Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer Dec 1999

Constitutional Law -- Due Process Clause -- Third Circuit Holds That $50 Million Punitive Damages Award In Context Of A $48 Million Compensatory Award Is Unconstitutionally Excessive -- Inter Medical Supplies, Ltd. V. Ebi Medical Systems, Inc., 181 F.3d 446 (3d Cir. 1999)., A. Benjamin Spencer

Faculty Publications

In 1996, the Supreme Court, in BMW of North America, Inc. v. Gore, struck down a punitive damages award on the ground that it was "grossly excessive" in violation of the Due Process Clause of the Fourteenth Amendment . Since BMW, many courts have faced the challenge of applying its principles to determine whether punitive damages awards surpass the constitutional limit. Last June, in Inter Medical Supplies, Ltd. v. EBI Medical Systems, Inc., the Third Circuit faced this difficulty when it considered whether a $50 million punitive damages award, granted in conjunction with a $48 million compensatory damages award, was …


The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood Dec 1999

The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood

University of Michigan Journal of Law Reform

The U.S. District Court for the Eastern District of Michigan has historically experienced difficulty in achieving jury compositions that truly represented the surrounding community. In response, the Authors share their insight as to how the court instituted a "balancing" program. By reducing the number of white names in the jury wheel, the balancing program successfully incorporated more minorities into the jury system. The Authors further discuss the Sixth Circuit decision, United States v. Ovalle, which marked the end of the balancing program.


The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman Dec 1999

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula L. Hannaford, G. Thomas Munslerman

University of Michigan Journal of Law Reform

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of afield experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of …


Creating A Seamless Transition From Jury Box To Jury Room For More Effective Decision Making, Annie King Phillips Dec 1999

Creating A Seamless Transition From Jury Box To Jury Room For More Effective Decision Making, Annie King Phillips

University of Michigan Journal of Law Reform

Why am I writing here? I am not a judge or lawyer, and I may never be. I don't even play one on TV. In searching for an answer to this question, it came to mind that at sometime in everyone's life, there is a need to enter the court system-as a victim, offender, witness, court staff or juror. The interactions among these persons impact the effective administration of justice in our court system. Every two years for the past eighteen years (like the tick of a clock), I am summoned to jury duty at either the District of Columbia …


Confidentiality, Privilege And Rule 408: The Protection Of Mediation Proceedings In Federal Court, Charles W. Ehrhardt Nov 1999

Confidentiality, Privilege And Rule 408: The Protection Of Mediation Proceedings In Federal Court, Charles W. Ehrhardt

Scholarly Publications

No abstract provided.


It-Cenit, Horacio M. Lynch, Mauricio Devoto Nov 1999

It-Cenit, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

En noviembre de 1999, ITCENIT ha publicado un informe que analiza el impacto de las nuevas tecnologías de la información y comunicaciones en la economía de la Argentina. Advierte sobre la oportunidad económica que la Argentina está desaprovechando al no estar preparada para ingresar en la Era de la Información, y del riesgo que corre de quedar notablemente retrasada con respecto a otros países. Este trabajo, resultado de tres años de reflexiones, ha sido especialmente preparado para sugerir ideas al nuevo gobierno que asumía en diciembre de 1999, e incluye una propuesta concreta con el fin de introducir en nuestra …


Collective Rights Adjudication In U.S. Courts: Enforcing Human Rights At The Corporate Level, Kathryn L. Boyd Nov 1999

Collective Rights Adjudication In U.S. Courts: Enforcing Human Rights At The Corporate Level, Kathryn L. Boyd

BYU Law Review

No abstract provided.


Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson Oct 1999

Citizen Suits Under The Resource Conservation And Recovery Act: Plotting Abstention On A Map Of Federalism, Charlotte Gibson

Michigan Law Review

In the shadow of the Supreme Court's constitutional federalism doctrines, lower federal courts have developed doctrines of common law federalism through vehicles such as abstention. In the environmental law arena, courts have employed a number of abstention theories to dismiss citizen suits brought under federal statutes. The appearance of primary jurisdiction and Burford abstention in citizen suits brought under the Resource Conservation and Recovery Act ("RCRA") exemplifies this trend. In rejecting RCRA suits, some courts have relied on primary jurisdiction, a doctrine conceived as a mechanism to allocate responsibility for limited fact-finding between courts and agencies, to dismiss RCRA citizen …


The Politics Of The Clinton Impeachment And The Death Of The Independent Counsel Statute: Toward Depoliticization, Marjorie Cohn Sep 1999

The Politics Of The Clinton Impeachment And The Death Of The Independent Counsel Statute: Toward Depoliticization, Marjorie Cohn

West Virginia Law Review

No abstract provided.


Law And Discretion In The Contemporary Chinese Courts, Margaret Y.K. Woo Sep 1999

Law And Discretion In The Contemporary Chinese Courts, Margaret Y.K. Woo

Washington International Law Journal

The last twenty years of Chinese legal reforms have been particularly interesting to scholars and activists alike. During this period, Chinese legal reforms have moved from purely substantive changes in economic laws to the realm of domestic structural reforms of the court system. Today, legal reformers are discussing the use of open trials, adversarial advocacy, and even judicial independence. This Article explores how far some of these reforms may go by considering the path of structural and procedural changes adopted by the Chinese courts in the past twenty years. It includes an analysis of the tension faced by all legal …


Humenansky V. Regents Of The University Of Minnesota: Questioning Congressional Intent And Authority To Abrogate Eleventh Amendment Immunity With The Adea, Eric Hunter Sep 1999

Humenansky V. Regents Of The University Of Minnesota: Questioning Congressional Intent And Authority To Abrogate Eleventh Amendment Immunity With The Adea, Eric Hunter

BYU Law Review

No abstract provided.


The Court Of Appeals For The Federal Circuit Must Evolve To Meet The Challenges Ahead , Paul R. Michel Aug 1999

The Court Of Appeals For The Federal Circuit Must Evolve To Meet The Challenges Ahead , Paul R. Michel

American University Law Review

No abstract provided.


Courtroom Technology In The 21st Century, Fredric I. Lederer Jul 1999

Courtroom Technology In The 21st Century, Fredric I. Lederer

Popular Media

No abstract provided.


Accountable Managed Care: Should We Be Careful What We Wish For?, David A. Hyman Jul 1999

Accountable Managed Care: Should We Be Careful What We Wish For?, David A. Hyman

University of Michigan Journal of Law Reform

Managed care is exceedingly unpopular of late. Many people believe that the problem is managed care organizations (MCOs) are unaccountable. Indeed, for many people, the creation of tort-based accountability for MCOs is the touchstone for assessing legislative "reform." The case for tort-based accountability is actually quite complex, and the merits of tort-based accountability cannot be resolved with sound bites and bad anecdotes. Tort-based accountability has both costs and benefits, and little attention has been paid to the extent to which alternatives to tort-based accountability are found in existing institutional arrangements.

This Article systematically considers the extent to which alternatives to …


Establishing New Legal Doctrine In Managed Care: A Model Of Judicial Response To Industrial Change, Peter D. Jacobson, Scott D. Pomfret Jul 1999

Establishing New Legal Doctrine In Managed Care: A Model Of Judicial Response To Industrial Change, Peter D. Jacobson, Scott D. Pomfret

University of Michigan Journal of Law Reform

Courts are struggling with how to develop legal doctrine in challenges to the new managed care environment. In this Article, we examine how courts have responded in the past to new industries or radical transformations of existing industries. We analyze two historical antecedents, the emergence of railroads in the nineteenth century and mass production in the twentieth century, to explore how courts might react to the current transformation of the health care industry.

In doing so, we offer a model of how courts confront issues of developing legal doctrine, especially regarding liability, associated with nascent or dramatically transformed industries. Our …


When Does The Curiae Need An Amicus?, Luther T. Munford Jul 1999

When Does The Curiae Need An Amicus?, Luther T. Munford

The Journal of Appellate Practice and Process

An argument is made for freely granting leave of amicus motions.


Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison Jul 1999

Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison

The Journal of Appellate Practice and Process

This article discusses the uncertainty of United States Courts of Appeals jurisdiction over non-final orders.


Unpublished Opinions: A Comment, Richard S. Arnold Jul 1999

Unpublished Opinions: A Comment, Richard S. Arnold

The Journal of Appellate Practice and Process

The Honorable Richard S. Arnold gives a federal appellate judge’s perspective of the unpublished opinions debate.


Appellate Study Panel Issues Final Report, Carl Tobias Jul 1999

Appellate Study Panel Issues Final Report, Carl Tobias

The Journal of Appellate Practice and Process

The Commission on Structural Alternatives for the Federal Courts of Appeals final report is summarized. The summary focuses on the feasibility of splitting the Ninth Circuit and alternatives to a circuit split.


The New Rules Of Federal Appellate Procedure: Changes In Style And Substance, Warren W. Harris Jul 1999

The New Rules Of Federal Appellate Procedure: Changes In Style And Substance, Warren W. Harris

The Journal of Appellate Practice and Process

This article discusses the substantive changes to the Federal Rules of Appellate Procedure and Federal Rule of Civil Procedure 23.


City Of Chicago V. International College Of Surgeons: The Interplay Between Supplemental Jurisdiction And Cross-System Appeals, And The Impact On Federalism, Jacob Edward Daly Jul 1999

City Of Chicago V. International College Of Surgeons: The Interplay Between Supplemental Jurisdiction And Cross-System Appeals, And The Impact On Federalism, Jacob Edward Daly

Mercer Law Review

In City of Chicago v. International College of Surgeons, the United States Supreme Court reversed a well-established rule in holding that federal district courts may exercise supplemental jurisdiction over state law claims for deferential review of local administrative agency decisions.


Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert Jul 1999

Juries, Hindsight, And Punitive Damage Awards: Failures Of A Social Science Case For Change, Richard O. Lempert

Articles

In their recent Arizona Law Review article entitled What Juries Can't Do Well: The Jury's Performance As a Risk Manager,' Professors Reid Hastie and W. Kip Viscusi purport to show that juries are likely to do a poor job in setting punitive damages, largely because jurors cannot avoid the influence of what is called "hindsight bias," or the tendency to see the likelihood of an event higher in retrospect than it would have appeared before it happened. In particular, they argue that hindsight bias and other cognitive biases undermine the utility of jury-set punitive damage awards as risk management devices. …


The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson Jul 1999

The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, William H. Widen, David Gray Carlson

Articles

No abstract provided.


A Laboratory For Collaboration: Where, Why And Why Not?, Ken Salazar, Felicity Hannay, Steve Sims, Ted Kowalski Jun 1999

A Laboratory For Collaboration: Where, Why And Why Not?, Ken Salazar, Felicity Hannay, Steve Sims, Ted Kowalski

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

12 pages.


Nebraska V. Wyoming: The End Or Collaboration?, Wendy Weiss, James Montgomery Jun 1999

Nebraska V. Wyoming: The End Or Collaboration?, Wendy Weiss, James Montgomery

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

13 pages.

Contains footnotes.


A Western Slope Perspective: Endangered Species And Municipal Water, David C. Hallford Jun 1999

A Western Slope Perspective: Endangered Species And Municipal Water, David C. Hallford

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

13 pages (includes 1 map).

Contains footnotes and 1 page of references.


Indian Water Rights And The Snake River Basin Adjudication, Peter C. Monson Jun 1999

Indian Water Rights And The Snake River Basin Adjudication, Peter C. Monson

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

19 pages (includes map).


Idaho's Snake River Basin Adjudication: A Window On Western Water Law, Jeffrey C. Fereday Jun 1999

Idaho's Snake River Basin Adjudication: A Window On Western Water Law, Jeffrey C. Fereday

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

34 pages.

Contains footnotes.


Federal Water Rights In The Snake River Basin Adjudication, Michael A. Gheleta Jun 1999

Federal Water Rights In The Snake River Basin Adjudication, Michael A. Gheleta

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

34 pages (includes maps).


Federal Facilitation Of Water Rights Negotiations In The West, Mike Connor Jun 1999

Federal Facilitation Of Water Rights Negotiations In The West, Mike Connor

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

11 pages.