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Articles 1 - 7 of 7
Full-Text Articles in Law
The Decline Of Oral Argument In The Federal Courts Of Appeals: A Modest Proposal For Reform, David R. Cleveland, Steven Wisotsky
The Decline Of Oral Argument In The Federal Courts Of Appeals: A Modest Proposal For Reform, David R. Cleveland, Steven Wisotsky
Law Faculty Publications
No abstract provided.
What Federal Rulemakers Can Learn From State Procedural Innovations, Seymour Moskowitz
What Federal Rulemakers Can Learn From State Procedural Innovations, Seymour Moskowitz
Law Faculty Publications
No abstract provided.
National Juries For National Cases: Preserving Citizen Participation In Large-Scale Litigation, Laura G. Dooley
National Juries For National Cases: Preserving Citizen Participation In Large-Scale Litigation, Laura G. Dooley
Law Faculty Publications
Procedural evolution in complex litigation seems to have left the civil jury behind. Reliance on aggregating devices, such as multidistrict litigation and class actions, as well as settlement pressure created by “bellwether” cases, has resulted in cases of national scope being tried by local juries. Local juries thus have the potential to impose their values on the rest of the country. This trend motivates parties to forum-shop, and some commentators suggest eliminating jury trials in complex cases altogether. Yet the jury is at the heart of our uniquely American understanding of civil justice, and the Seventh Amendment mandates its use …
Discovering Discovery: Non-Party Access To Pretrial Information In The Federal Courts 1938-2006, Seymour Moskowitz
Discovering Discovery: Non-Party Access To Pretrial Information In The Federal Courts 1938-2006, Seymour Moskowitz
Law Faculty Publications
In the modern era, the pretrial process is critical to the disposition of almost all litigation. The vast majority of cases never go to trial. Those which are contested at trial and upon appeal are often decided upon the results of the information gather before trial. This is true in both private litigation and in public interest cases where "private attorneys general" may only function effectively with court-enforced discovery. Despite the significance of the Article III courts to our society, transparency in their processes for resolving civil disputes has been severely compromised. Threats to openness emanate from multiple sources. This …
Jack And Jill Go To Court: Litigating A Peer Sexual Harassment Case Under Title Ix, Susan P. Stuart
Jack And Jill Go To Court: Litigating A Peer Sexual Harassment Case Under Title Ix, Susan P. Stuart
Law Faculty Publications
Title IX peer sexual harassment cases present challenges to litigators because of the unique educational environment in which these cases arise. This Article attempts to educate litigators on the prima facie case, evidentiary issues, and the overall presentation of peer sexual harassment cases.
The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley
The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley
Law Faculty Publications
No abstract provided.
Rediscovering Discovery: State Procedural Rules And The Level Playing Field, Seymour Moskowitz
Rediscovering Discovery: State Procedural Rules And The Level Playing Field, Seymour Moskowitz
Law Faculty Publications
In the modern era of few trials, the pretrial process is critical to the disposition of most cases. Discovery has been a fiercely debated subject for may years. Many commentators believe that discovery has become too expensive, very time consuming, and often abusive. Others disagree, and articulate an entirely different diagnosis of the problems in our civil justice system. Regardless, the scope of discovery, and the process for undertaking it, create predictable advantages and disadvantages for many types of litigants. Although state courts dispose of the vast majority of cases in the United States, academic writings on procedural matters, particularly …