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Articles 1 - 18 of 18
Full-Text Articles in Law
Trump V. Mazars Usa, Llp: The Case Of The Chief Justice And The Congressional Subpoenas, Rodger D. Citron
Trump V. Mazars Usa, Llp: The Case Of The Chief Justice And The Congressional Subpoenas, Rodger D. Citron
Scholarly Works
No abstract provided.
Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak
Applying Mathematical Set Theory To Statutory Construction Of Municipal Sign Laws, Ann L. Nowak
Scholarly Works
This case illustrates why municipal lawyers might want to review their high school mathematics lessons about set theory before drafting statutes. The application of set theory—particularly in the form of Venn diagrams—can help to prevent ambiguity of language in statutory construction. It is this ambiguity that gives rise to differences in interpretation, and these differences frequently lead to litigation over the meaning of a statute.
Consequences Of Power, Tamara Relis
Consequences Of Power, Tamara Relis
Scholarly Works
This Article challenges a basic premise that litigants and their attorneys broadly understand and desire similar things from litigation-track mediation processes. In providing new empirical research from medical malpractice cases, I offer disconcerting evidence of the surprising degree to which perceptions and meanings ascribed to these litigation-track processes are not only diverse, but frequently contradictory. I demonstrate that notwithstanding their different allegiances, lawyers on all sides of cases have correspondingly similar understandings of the meaning and purpose of litigation-track mediations. At the same time, I show how plaintiffs and defendants have the same understandings and visions of what mediation is …
"It's Not About The Money!": A Theory On Misconceptions Of Plaintiffs' Litigation Aims, Tamara Relis
"It's Not About The Money!": A Theory On Misconceptions Of Plaintiffs' Litigation Aims, Tamara Relis
Scholarly Works
This Article examines from a new angle a long-standing debate on a central question of the legal system: why plaintiffs sue and what they seek from litigation. Legal research has documented various extra-legal aims or non-economic agendas of plaintiffs who commence legal proceedings for various case-types. However, current debates have failed to address this issue in depth from the perspectives of plaintiffs themselves, subsequent to lawyers conditioning them on legal system realities and translating their disputes into legally cognizable compartments. Nor have understandings of plaintiffs' aims been examined from the perspectives of defense lawyers. These are significant gaps in the …
New Issues Arising Under Section 1983, Martin A. Schwartz
New Issues Arising Under Section 1983, Martin A. Schwartz
Scholarly Works
No abstract provided.
Civil Litigation From Litigants' Perspectives: What We Know And What We Don't Know About The Litigation Experience Of Individual Litigants, Tamara Relis
Scholarly Works
This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the litigants. What does litigation mean for those who are directly embroiled and whose lives may consequently be radically transformed? Serious lacunas exist. However, extensive readings worldwide throughout the research process result in a stark elucidation of an overlooked, yet crucially important and somewhat egregious state of affairs, making surprisingly clear just how pernicious litigation is for the average 'nonrepeat player'.
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Linguistic Issues: Is Plain English The Answer To The Needs Of The Jurors?, Leon D. Lazer
Scholarly Works
No abstract provided.
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky
Scholarly Works
No abstract provided.
Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz
Section 1983 Litigation – Supreme Court Developments, Martin A. Schwartz
Scholarly Works
No abstract provided.
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Scholarly Works
No abstract provided.
Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell
Proceedings Of The 1999 Annual Meeting, Association Of American Law Schools Section On Employment Discrimination Law: Is There A Disconnect Between Eeo Law And The Workplace?, Douglas D. Scherer, James C. Sharf, Richard T. Seymour, Maria O'Brien Hylton, Paulette Caldwell
Scholarly Works
No abstract provided.
Supreme Court Section 1983 Developments, Martin A. Schwartz
Supreme Court Section 1983 Developments, Martin A. Schwartz
Scholarly Works
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz, George C. Pratt
Section 1983 Litigation, Martin A. Schwartz, George C. Pratt
Scholarly Works
No abstract provided.
Claims For Damages For Violations Of State Constitutional Rights – Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz
Claims For Damages For Violations Of State Constitutional Rights – Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz
Scholarly Works
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz
Section 1983 Litigation, Martin A. Schwartz
Section 1983 Litigation, Martin A. Schwartz
Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver
Giving Notice: An Argument For Notification Of Putative Plaintiffs In Complex Litigation, Marjorie A. Silver
Scholarly Works
Professor Silver advocates recognition of an inherent judicial power to send or authorize notice of pending litigation to potentially interested persons with unfiled claims. Recognizing such a judicial power is consistent with recent legal developments establishing a role for judges in expediting and managing federal litigation. Although the Federal Rules of Civil Procedure only explicitly provide for notice to potential parties in Rule 23 class action litigation, Professor Silver demonstrates that a more general judicial power to notify putative plaintiffs is consistent with the federal rules and the Constitution. She also shows that the first amendment values support a judicial …