Law Commons^™

Demonstration: Economic Analysis And Expert Testimony—Plaintiff's Conference, Eleanor M. Fox, Jay Topkis, George A. Hay, Charles B. Renfrew

Cornell Law Faculty Publications

This article is a demonstration on the use of economic experts. The demonstration is based loosely on Mobil’s attempted take-over of Marathon Oil Company. However, the oil companies involved here are named Major, which is the second largest oil company in the United States, and Olympic, which is the largest supplier to independents. Any resemblance of Major and Olympic to any other firm, entity or person, living or not, is purely coincidental.

The demonstration is divided into two parts. The first part is the conference. A conference of plaintiff’s team will be followed by a conference of defendant’s team.

The Ftc And Pricing: Of Predation And Signaling, George A. Hay

Cornell Law Faculty Publications

This paper summarizes and comments on two recent FTC cases. The first case involved accusations of predatory pricing against Borden, the manufacturer of ReaLemon, the dominant brand of reconstituted lemon juice. The second involved price-signaling and other so-called facilitating practices by the four makers of lead-based antiknock compounds.

The Silent Revolution, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

Oligopoly, Shared Monopoly, And Antitrust Law, George A. Hay

Cornell Law Faculty Publications

No abstract provided.

Jury Selection In Two Countries: A Psychological Perspective, Valerie P. Hans

Cornell Law Faculty Publications

A comparative survey of jury selection practices in Britain and the United States indicates that the two countries differ along a number of dimensions, including the emphasis on the jury selection process in the trial, the amount and type of information available about prospective jurors, and the frequency with which trial lawyers alter the composition of the jury. The probable impact of these differences is analysed by considering the importance of jury composition in determining a jury’s verdict, the effectiveness of lawyers in exercising their challenges, and broader effects of jury selection procedures in the two countries.

Restating Territorial Jurisdiction And Venue For State And Federal Courts, Kevin M. Clermont

Cornell Law Faculty Publications

"Jurisdiction must become venue," concluded Professor Albert A. Ehrenzweig. Perhaps it should. More certain is the proposition that comprehending jurisdiction requires mastering its relationship with venue. Such conclusions lie at some distance, however, bringing to mind that every journey must begin with a single step. A solid first step takes me to the subject of this Symposium, the Restatement (Second) of Judgments. This, put simply, is a masterful work. Even while still in tentative drafts, it proved an invaluable aid to judge, practitioner, teacher, and student. Yet in a work of such scope, anyone could find grounds for differing. …

The Exhaustion Of Local Remedies Rule And Forum Non Conveniens In International Litigation In U.S. Courts, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

No abstract provided.

The Ordinary And The Extraordinary In Institutional Litigation, Theodore Eisenberg, Stephen C. Yeazell

Cornell Law Faculty Publications

Institutional litigation, in which courts are requested to oversee the operation of large public institutions, has been frequently attacked as a departure from the traditional model of litigation. In this Article, Professors Eisenberg and Yeazell argue that the procedures and remedies employed in institutional litigation are not unprecedented but have analogues in older judicial traditions. Nor, they assert, do the doctrines of separation of powers and federalism present any obstacles to institutional litigation. They conclude that the novelty lies in the newly created substantive rights which courts are asked to enforce.

The Code Of Professional Responsibility As A Measure Of Attorney Liability In Civil Litigation, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Improving On The Contingent Fee, Kevin M. Clermont, John D. Currivan

Cornell Law Faculty Publications

Two basic fees--contingent and hourly--dominate the variety of fees that lawyers charge clients for pursuing damage claims. Each of these two types has its advantages; each is plagued with substantial disadvantages. This Article proposes a new type of fee, one that preserves the respective advantages of the two present fees while minimizing their distinct disadvantages.

In essence, the proposed fee calls for the payment, on a contingent basis, of an amount computed by adding one component tied to hours worked and another component linked to amount recovered. The preferability and feasibility of this proposed fee argue for the abolishment, or …

Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks

Cornell Law Faculty Publications

The rules of evidence have evolved, in the main, to protect the jury from being misled, prejudiced or confused by certain types of evidence which might be presented to it. The rules attempt to achieve this purpose by utilizing a number of techniques, which were fashioned by common law judges. First, evidence which gives rise to these dangers might be excluded from the jury's consideration altogether. Secondly, such evidence might have to be corroborated by other evidence before the jury is permitted to reach a verdict in the case. Thirdly, the judge might be compelled to instruct the jury that …

Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob

Cornell Law Faculty Publications

In the past, there have been three major approaches to the experimental investigation of the jury. First, juror selection research involves the study of the relation between verdicts or leniency toward certain classes of defendants and the characteristics of potential jurors. The second class of research is group study, in which the amount and style of individual participation is observed within the context of simulated jury deliberations (e.g., Strodtbeck, James and Hawkins, 1957). Finally, experimental psychology has made another contribution to the study of the jury; numerous researchers have conducted experimental studies employing legal stimulus materials. Typically, in such a …

Design Defect Litigation Revisited, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

The Antibiotics Class Actions, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Promise And Reality In Legal Services, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Judicial Review Of Manufacturers' Conscious Design Choices: The Limits Of Adjudication, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Legal Issues Relating To Electroconvulsive Therapy, H. Richard Beresford

Cornell Law Faculty Publications

A survey of 54 psychiatric units disclosed that 49 (91%) were using electroconvulsive (ECT), principally for major depressive illnesses. During the five-year period 1964 to 1968, fractures and other complications of ECT were uncommon. Sudden death was reported in seven cases. During this period, none of the respondents or their affiliated physicians had been involved in lawsuits relating to the use of ECT. In general, suits for injuries occasioned by the use of ECT seem to be declining. Possible remaining problem areas are the performance of ECT without the prior consent of the patient; the failure to have facilities and …

Notes From A Study Of The Caseload Of The Minnesota Supreme Court: Some Comments And Statistics On Pressures And Responses, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Justiciability, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

The Granting And Dissolution Of The Interlocutory Injunction, Michael Francis Mcnamara

Historical Theses and Dissertations Collection

No abstract provided.