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Litigation

Selected Works

2007

Articles 1 - 4 of 4

Full-Text Articles in Law

Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine Jun 2007

Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine

Daniel H. Erskine

Federal procedure has embraced the referral of civil cases outside the court system to alternative dispute resolution. This article argues that by utilizing courts to settle cases through civil procedure, courts realize their central role in ensuring the quality of settlements produced through the judicial administration of justice. The purpose of this article is to provide litigants an optional procedure to expeditiously resolve federal personal injury cases. The system proposed in this article incorporates Scottish and Irish civil procedural reforms into a coherent method for judicial officers to declare the settlement value of a personal injury action without referring the …

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Critical Legal Ethics (Review Of Lawyers' Ethics And The Pursuit Of Social Justice: A Critical Reader, Edited By Susan D. Carle), Paul R. Tremblay Dec 2006

Critical Legal Ethics (Review Of Lawyers' Ethics And The Pursuit Of Social Justice: A Critical Reader, Edited By Susan D. Carle), Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

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Prosecuting Government Fraud Despite The Csi Effect: Getting The Jury To Follow The Money, James B. Johnston Dec 2006

Prosecuting Government Fraud Despite The Csi Effect: Getting The Jury To Follow The Money, James B. Johnston

James B Johnston

Prosecutors have complained that jurors who think they are educated in crime scene investigations by watching T.V. have made it difficult to prove cases even when the charge is white collar in nature because they expect the forensics the see on the show "CSI". In regard to government fraud cases, the prosecutor simply must get the jury to follow the fraud linked money. This article notes that those in law enforcement must give the jury what they want to get them to follow the money especially when the case concerns government fraud and corruption.

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Progressive Lawyering In Politically Depressing Times, Susan D. Carle Dec 2006

Progressive Lawyering In Politically Depressing Times, Susan D. Carle

Susan D. Carle

INTRODUCTION: Susan Sturm's important work offers a ray of optimism in a contemporary political climate most people of progressive inclinations find somewhat depressing. Sturm examines new models for bringing about institutional re- form without extensive management from legislatures or courts. As Sturm recognizes, resort to litigation as a strategy for increasing gender parity in employment is not a promising option these days, for several sets of reasons. First, as Sturm has explained in an earlier pathbreaking article, judicial decrees are not well suited to addressing "second generation" problems of structural reform of institutions, such as eliminating manifestations of race and …

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