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Articles 1 - 18 of 18
Full-Text Articles in Law
The Right To Trial By Jury In Complex Litigation, Kathy E. Davidson
The Right To Trial By Jury In Complex Litigation, Kathy E. Davidson
William & Mary Law Review
No abstract provided.
Punitive Surcharges Against Disloyal Fiduciaries--Is Rothko Right?, Richard V. Wellman
Punitive Surcharges Against Disloyal Fiduciaries--Is Rothko Right?, Richard V. Wellman
Michigan Law Review
This Article criticizes the award of a penalty surcharge in the name of appreciation damages. Contrary to the statements in the Rothko opinions, neither precedent nor treatises offers clear support for the shocking awards made against Rothko's disloyal executors. Furthermore, even if appreciation damages were to be viewed, against the thesis here advanced, as an appropriate remedy for some kinds of fiduciary breach, the measure is inappropriate for cases which, like Rothko, involve hidden conflicts of interest. This is so because the threat of severe penalties in hidden-conflict cases adds unacceptable legal costs to honest administrations-costs that cannot be …
Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan
Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan
Articles
A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …
Improving On The Contingent Fee, Kevin M. Clermont, John D. Currivan
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 …
A Probabilistic Analysis Of The Doctrine Of Mutuality Of Collateral Estoppel, Michigan Law Review
A Probabilistic Analysis Of The Doctrine Of Mutuality Of Collateral Estoppel, Michigan Law Review
Michigan Law Review
Part I of this Note lays the foundation for the conclusions suggested above by setting forth some elementary probabilistic notions and establishing a measure of trial efficacy. The next part reviews some of the early suggested limitations on the application of Bernhard and, by analyzing the mutuality requirement and the Bernhard doctrine in probabilistic terms, demonstrates that the concerns underlying those initial reservations were not only sound, but require rejection of Bernhard.
Although the primary purpose of this Note is to expose the flawed analysis underlying Bernhard, a secondary . purpose is to demonstrate how probability theory can …
Review On A Virginia Cause, William Hamilton Bryson
Review On A Virginia Cause, William Hamilton Bryson
Law Faculty Publications
A book review on A Virginia Cause by B. Lamb.
Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller
Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller
Publications
No abstract provided.
Texas V. United States Steel Corp. And Illinois V. Sarbaugh: The Disclosure And Use Of Grand Jury Transcripts In Private Antitrust Litigation, Stephen Paul Juech
Texas V. United States Steel Corp. And Illinois V. Sarbaugh: The Disclosure And Use Of Grand Jury Transcripts In Private Antitrust Litigation, Stephen Paul Juech
Loyola University Chicago Law Journal
No abstract provided.
Some Comments On The Litigation Explosion, John W. Wade
Some Comments On The Litigation Explosion, John W. Wade
Vanderbilt Law Review
My comment must start with a strong commendation of Attorney General Bell for recognizing the crisis created by the current "litigation explosion" in our courts and for providing leadership in seeking means for alleviating and perhaps even solving it. I am sure that the Justice Department's new Section on Improvement in the Administration of Justice will prove invaluable, both as an originator and a clearinghouse for compiling and evaluating new ideas and as a means for putting them into effect. Dan Meador makes an ideal selection as assistant attorney general to head it. I also must commend the Justice Department …
Eyewitness Identifications, Paul C. Giannelli
Eyewitness Identifications, Paul C. Giannelli
Faculty Publications
No abstract provided.
Polygraph Evidence, Paul C. Giannelli
Credibility Of Witnesses, Paul C. Giannelli
Credibility Of Witnesses, Paul C. Giannelli
Faculty Publications
No abstract provided.
Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle
Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle
Articles by Maurer Faculty
The adoption of a new principle of law invariably impinges upon related legal concepts, raising issue that were not considered when the law was changed. The adoption of comparative negligence, a drastic departure from the long-held principle of contributory negligence, has forced courts to consider how the related concept of assumption of risk is affected by the change. Because there are different types of assumption of risk, and various doctrinal, practical, and policy issues, a proper determination of the role for assumption of risk in a comparative negligence system depends upon a thorough examination of many relevant considerations. Unfortunately, two …
Attorney’S Affidavit In Litigation Proceedings, John H. Garvey
Attorney’S Affidavit In Litigation Proceedings, John H. Garvey
Scholarly Articles
No abstract provided.
Rules Pertaining To Witnesses, John W. Reed
Rules Pertaining To Witnesses, John W. Reed
Book Chapters
Article VI of the Michigan Rules of Evidence contains the rules dealing with witnesses. Trials bring to mind testimonial evidence. There surely are other kinds of evidence, such as docmnents, guns, automobile tires, chemical substances, and the like. But most evidence comes from the mouths of witnesses, and even demonstrative evidence usually is admitted only after a witness has taken the stand and testified to foundation facts. So it is important and appropriate that we turn to the provisions of the rules that deal with qualifications and credibility of witnesses. I would like to direct your attention to MRE 601 …
Opinions And Expert Testimony, John W. Reed
Opinions And Expert Testimony, John W. Reed
Book Chapters
Article VI of the Michigan Rules of Evidence contains the rules dealing with witnesses. Trials bring to mind testimonial evidence. There surely are other kinds of evidence, such as docmnents, guns, automobile tires, chemical substances, and the like. But most evidence comes from the mouths of witnesses, and even demonstrative evidence usually is admitted only after a witness has taken the stand and testified to foundation facts. So it is important and appropriate that we turn to the provisions of the rules that deal with qualifications and credibility of witnesses. I would like to direct your attention to MRE 601 …
Young Adults As A Cognizable Group In Jury Selection, Donald H. Zeigler
Young Adults As A Cognizable Group In Jury Selection, Donald H. Zeigler
Articles & Chapters
No abstract provided.
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …