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Articles 1 - 27 of 27
Full-Text Articles in Law
The Global Legal Information Network ("Glin") , Nabil R. Adam, Konstantinos Kalpakis, Burton I. Edelson, Nick J. Kozura, Tarek A. El-Ghazawi, Rubens Medina, Milton Halem, Yelena Yesha
The Global Legal Information Network ("Glin") , Nabil R. Adam, Konstantinos Kalpakis, Burton I. Edelson, Nick J. Kozura, Tarek A. El-Ghazawi, Rubens Medina, Milton Halem, Yelena Yesha
American University Law Review
No abstract provided.
Trial Practice And Procedure, C. Frederick Overby, Teresa T. Abell
Trial Practice And Procedure, C. Frederick Overby, Teresa T. Abell
Mercer Law Review
Developments in the law of personal jurisdiction and venue, the professional malpractice affidavit pleading requirement embodied by Official Code of Georgia Annotated ("O.C.G.A.") section 9-11-9.1, and the doctrines of res judicata and collateral estoppel continued to refine the law during this survey period. Additionally, this survey reviews significant decisions discussing disqualification of jurors for cause, actions for prenatal injuries, procedure in connection with trials involving default judgment, and remedies for spoliation of evidence. Due to the number of decisions, this review seeks to analyze the most significant and practical developments in the areas of trial practice and procedure in Georgia …
The Mareva Injunction In Aid Of Foreign Proceedings, Paul Michell
The Mareva Injunction In Aid Of Foreign Proceedings, Paul Michell
Osgoode Hall Law Journal
Courts have long awarded Mareva injunctions to prevent defendants from frustrating the domestic litigation process. An emerging question is whether Canadian courts can order Mareva injunctions in aid of foreign proceedings. Traditional English authority, recently confirmed by the Privy Council, says no. Yet Canadian courts take a different view, and are in the process of developing principles to guide the awarding of Mareva relief in aid of foreign proceedings. After a critical analysis of the debate, this article evaluates several recent decisions, argues in favour of such a power, and proposes a framework by which it should be exercised.
Class Actions And Supplemental Jurisdiction: Will Zahn V. International Paper Co. Remain Viable?, Christopher P. Simkins
Class Actions And Supplemental Jurisdiction: Will Zahn V. International Paper Co. Remain Viable?, Christopher P. Simkins
BYU Law Review
No abstract provided.
Lex, Lies & Videotape, Greg Jones
Lex, Lies & Videotape, Greg Jones
University of Arkansas at Little Rock Law Review
No abstract provided.
The New Activist Court , Donald H. Zeigler
The New Activist Court , Donald H. Zeigler
American University Law Review
No abstract provided.
Report Of The Subcommittee On Legal Opinions Of The Transactional Practice Committee Of The Federal Communications Bar Association, Federal Communications Bar Association
Report Of The Subcommittee On Legal Opinions Of The Transactional Practice Committee Of The Federal Communications Bar Association, Federal Communications Bar Association
Federal Communications Law Journal
The Federal Communications Bar Association created an Ad Hoc Committee on Opinion Letters to create and develop materials to assist practitioners in drafting and negotiating opinion letters for FCC-related transactions. This Committee Report is intended to facilitate negotiations between opinion givers and recipients, whose respective business operations are at least in part regulated by the FCC. However, the Report is drafted with the assumption that practitioners utilizing it understand the basis for certain opinions are counsel(s examination of records which may be incomplete in the public reference room.
The Report is divided into four parts: (1) the general status of …
Section L04(A)(2) After Commissioner U. Schleier: Litigating The Excludability Of Statutory Damages "Received On Account Of Personal Injuries", T. James Lee Jr.
Section L04(A)(2) After Commissioner U. Schleier: Litigating The Excludability Of Statutory Damages "Received On Account Of Personal Injuries", T. James Lee Jr.
BYU Law Review
No abstract provided.
Trial Practice And Procedure, Philip W. Savrin
Trial Practice And Procedure, Philip W. Savrin
Mercer Law Review
This Article surveys the 1995 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.
Structuring Multiclaim Litigation: Should Rule 23 Be Revised?, William W. Schwarzer
Structuring Multiclaim Litigation: Should Rule 23 Be Revised?, William W. Schwarzer
Michigan Law Review
The question whether Rule 23 should be revised therefore is not susceptible to a global answer unless revision is stylistic only, limited to making the text more elegant - and even stylistic revision is likely to have some substantive impact, even if unintended. But if the argument for revision is that the Rule is in some respect deficient and should be made to work better, one must begin by answering the question how it should work. That in tum depends on defining the Rule's purpose - what it is intended to accomplish.This paper examines briefly the purposes for which the …
Turning From Tort To Administration, Richard A. Nagareda
Turning From Tort To Administration, Richard A. Nagareda
Michigan Law Review
My objective here is to challenge the notion that the recent mass tort settlements - for all their novel qualities in the mass tort area - are truly sui generis in the law. Rather, I contend that the rise of such settlements in tort mirrors the development of public administrative agencies earlier in this century - that, in both instances, powerful new institutions emerged outside preexisting channels of control to wield significant power over human lives and resources. I argue that courts usefully may draw upon familiar doctrines of judicial review in administrative law to form a conceptual framework for …
Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field
Damned For Using Daycare: Appellate Brief Of Jennifer Ireland In Ireland V. Smith, Julie Kunce Field
Michigan Journal of Gender & Law
At issue is custody of three-and-a-half-year-old Maranda (date of birth: April 22, 1991). The trial court found that Maranda had an established custodial environment with her mother, Jennifer Ireland, but then nominally ordered custody changed to Steven Smith. The court's order changing custody was based on a determination that day care is an inappropriate choice for care of a preschool child, and that no one effectively can be a single parent and a student at the same time. Those findings have no factual basis in the record, no legal basis under Michigan law, and no logical or even common sense …
Michigan's Proposed Prenatal Protection Act: Undermining A Woman's Right To An Abortion, Mark S. Kende
Michigan's Proposed Prenatal Protection Act: Undermining A Woman's Right To An Abortion, Mark S. Kende
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand
Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand
Michigan Journal of Race and Law
This Article examines avenues of redress and pollution prevention for impoverished people of color that flow from Title VI litigation strategies within the larger context of the environmental justice movement. Environmental justice issues can serve as tools with which to question status quo distributive policymaking processes and outcomes. Specifically, this Article concerns itself with practical routes toward increasing distributive justice and democratic efficacy.
Litigation Outcomes In State And Federal Courts: A Statistical Portrait, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman
Litigation Outcomes In State And Federal Courts: A Statistical Portrait, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman
Seattle University Law Review
"U.S. Juries Grow Tougher on Plaintiffs in Lawsuits," the New York Times page-one headline reads. The story details how, in 1992, plaintiffs won 52 percent of the personal injury cases decided by jury verdicts, a decline from the 63 percent plaintiff success rate in 1989. The sound-byte explanations follow, including the notion that juries have learned that they, as part of the general population, ultimately pay the costs of high verdicts. Similar stories, reporting both increases and decreases in jury award levels, regularly make headlines. Jury Verdict Research, Inc. (JVR), a commercial service that sells case outcome information, often is …
Extra-Statutory Discovery Requirements: Violating The Twin Purposes Of 28 U.S.C. Section 1782, Christopher W. Sanzone
Extra-Statutory Discovery Requirements: Violating The Twin Purposes Of 28 U.S.C. Section 1782, Christopher W. Sanzone
Vanderbilt Journal of Transnational Law
This Note analyzes Section 1782 of United States Code Chapter 28 and its role in the realm of international judicial assistance. The twin aims of Section 1782 are: (1) to provide efficient means of assistance to participants in foreign litigation, and (2) to encourage foreign countries by example to provide similar assistance to U.S. litigants in court. This Note posits that these goals are violated when a district court, considering a request for documents, imposes a threshold, extra-statutory requirement that the material requested be discoverable in the foreign jurisdiction where the litigation is pending.
After analyzing the legislative history of …
To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard
To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard
UIC Law Review
No abstract provided.
America's Civil Justice Dilemma: The Prospects For Reform, Dick Thornburgh
America's Civil Justice Dilemma: The Prospects For Reform, Dick Thornburgh
Maryland Law Review
No abstract provided.
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Touro Law Review
No abstract provided.
Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Robert L. Haig
Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Robert L. Haig
Touro Law Review
No abstract provided.
"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fanning
"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fanning
Vanderbilt Journal of Transnational Law
The authors analyze the 1994 Japanese products liability law from a national-culture perspective. After examining the historical backdrop of the consumer's social role in both the United States and Japan, the authors argue that the new law cannot create a strict liability system like that of the United States in Japan, because the unique Japanese cultural context and its manipulation discourage the use of the legal process to advance consumer interests.
The Political Theory Of The Class Action, Owen M. Fiss
The Political Theory Of The Class Action, Owen M. Fiss
Washington and Lee Law Review
No abstract provided.
Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek
Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek
Michigan Journal of International Law
To provide helpful assistance to other nations currently in pursuit of civil process reform, this Article introduces a model of civil justice modernization developed through a functional and systemic approach. Addressing the common weaknesses of many other reform efforts, this approach is first motivated by the conviction that process modernization is a necessary component of effective substantive legal reform. Second, in its critical assessment of the problems and its creative recommendations for reform, this Article integrates the design of procedural, institutional, and professional development measures, without requiring large investments of unavailable financial resources. Third, the Article presents a long-term and …
From The Couch To The Bench: How Should The Legal System Respond To Recovered Memories Of Childhood Sexual Abuse?, Wendy J. Kisch
From The Couch To The Bench: How Should The Legal System Respond To Recovered Memories Of Childhood Sexual Abuse?, Wendy J. Kisch
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Culture And Mediation: A Red Herring, Cynthia A. Savage
Culture And Mediation: A Red Herring, Cynthia A. Savage
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Conflicts And The Federal Circuit, 29 J. Marshall L. Rev. 835 (1996), Glenn L. Archer Jr.
Conflicts And The Federal Circuit, 29 J. Marshall L. Rev. 835 (1996), Glenn L. Archer Jr.
UIC Law Review
No abstract provided.
Another Early Chapter: Attorney Malpractice And The Trial Within A Trial: Time For A Change, 19 J. Marshall L. Rev. 275 (1986), Donald G. Weiland
Another Early Chapter: Attorney Malpractice And The Trial Within A Trial: Time For A Change, 19 J. Marshall L. Rev. 275 (1986), Donald G. Weiland
UIC Law Review
No abstract provided.