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Articles 1 - 18 of 18
Full-Text Articles in Law
Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert
Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert
Michigan Law Review
When a fundamental constitutional right is at issue, it is admittedly difficult for the Court to treat the lower courts as laboratories. But if the constitutional right turns on empirical questions, it is better to wait for knowledge than to rush toward a judgment that may later be shown to have vitiated an important right across all circuits. If the Court feels compelled to resolve the conflict, the better decision - if empirical issues are seen as central - is to sustain the right to jury trial regardless of complexity. Sustaining that right will allow courts and researchers to collect …
Homemakers, Inc. V. Gonzalez, 400 So. 2d 965 (Fla. 1981), Carol Ruebsamen Tierney
Homemakers, Inc. V. Gonzalez, 400 So. 2d 965 (Fla. 1981), Carol Ruebsamen Tierney
Florida State University Law Review
Statutes of Limitations-FLORIDA ADOPTS STRICT APPROACH TO RETROACTIVE APPLICATION
Colloquy On Complex Litigation, Alvin B. Rubin, Francis R. Kirkham, Weyman I. Lundquist, Jerrold E. Salzman
Colloquy On Complex Litigation, Alvin B. Rubin, Francis R. Kirkham, Weyman I. Lundquist, Jerrold E. Salzman
BYU Law Review
No abstract provided.
The Proper Role Of Res Judicata And Collateral Estoppel In Title Vii Suits, Charles C. Jackson, John H. Matheson, Thomas J. Pikorski
The Proper Role Of Res Judicata And Collateral Estoppel In Title Vii Suits, Charles C. Jackson, John H. Matheson, Thomas J. Pikorski
Michigan Law Review
The Article proceeds from the premise, established in Part I, that federal courts must apply preclusion principles unless Congress clearly indicates otherwise. Part II considers a number of indicators of Congress's intent, and finds no evidence to rebut the presumption that federal courts must give preclusive weight to certain state decisions. Part III then proposes general guidelines for the application of preclusion doctrines in title VII litigation.
A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D.
A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D.
West Virginia Law Review
No abstract provided.
The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman
The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman
West Virginia Law Review
No abstract provided.
Closing The Evidentiary Gap: A Review Of Circuit Court Opinions Analyzing Federal Black Lung Presumptions Of Entitlement, Henry L. Stephens Jr., Alva A. Hollon Jr.
Closing The Evidentiary Gap: A Review Of Circuit Court Opinions Analyzing Federal Black Lung Presumptions Of Entitlement, Henry L. Stephens Jr., Alva A. Hollon Jr.
West Virginia Law Review
No abstract provided.
Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review
Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review
Michigan Law Review
This Note analyzes the controversy and concludes that the latter courts are correct: Congress never intended to abrogate or modify rule 6(e)'s "particularized need" standard when it enacted section4F(b). Part I discusses whether Congress intended section 4F(b) to require the Attorney General to disclose grand jury materials to state attorneys general upon request, thereby abrogating rule 6(e)'s explicit prohibition against such disclosure. Part II examines the statutory language and legislative history of section). 4F(b) to determine whether Congress intended section 4F(b) to modify rule 6(e)'s "particularized need" standard. Finally, Part III evaluates the policies affected by liberalized disclosure of grand …
Survey Of Developments In The Fourth Circuit: 1980
Survey Of Developments In The Fourth Circuit: 1980
West Virginia Law Review
No abstract provided.
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
Washington Law Review
The dustjacket for this already provocatively entitled book continues with the additional legend: "Only the Lawyers Win-Most people get nothing. A few get too much. A proposal for reform." This addition to the title of the book gives appropriate, if not exact, warning that a reader is about to fall under the influence of a spell-binding author, whose sense of theatre equals that of the lawyers whose exploits he exposes. It does not, however, prepare one for his serious analysis, arguments, and proposals concerning how law should distribute the losses of accidental injuries which occur in our society.
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck
Washington Law Review
The dustjacket for this already provocatively entitled book continues with the additional legend: "Only the Lawyers Win-Most people get nothing. A few get too much. A proposal for reform." This addition to the title of the book gives appropriate, if not exact, warning that a reader is about to fall under the influence of a spell-binding author, whose sense of theatre equals that of the lawyers whose exploits he exposes. It does not, however, prepare one for his serious analysis, arguments, and proposals concerning how law should distribute the losses of accidental injuries which occur in our society.
Hired Guns, Norval Morris
Hired Guns, Norval Morris
Michigan Law Review
A Review of Partisan Justice by Marvin E. Frankel
The Discretionary Function Exception And The Suits In Admiralty Act: A Safe Harbor For Negligence?, Kathryn C. Nielsen
The Discretionary Function Exception And The Suits In Admiralty Act: A Safe Harbor For Negligence?, Kathryn C. Nielsen
Seattle University Law Review
This comment will focus on the different circuits' responses to the issue of whether the SIA should be read in light of the discretionary function exception.
Flexible Mootness In Class Certification, Enid L. Zafran
Flexible Mootness In Class Certification, Enid L. Zafran
Cleveland State Law Review
While the purposes of class actions are easy to comprehend, the actual application and requirements of Rule 23 are complex. Before the suit may proceed, it must be certified by the trial court. Although Rule 23 carefully lists the criteria for the court to consider, certification is not a predictable outcome. If it is denied, the action is then litigated solely on the claims of the named plaintiffs. Under certain circumstances the denial would signal the end of the suit. Such an instance would occur if the named plaintiff's claims had become moot. His action would no longer satisfy the …
A Rationale For An Exception To The Seventh Amendment Right To A Jury Trial: In Re Japanese Electronic Products Antitrust Litigation, Frank M. Loo
Cleveland State Law Review
This Article will analyze the Third Circuit's decision and reasoning in Japanese Electronic, in light of the pervasiveness of the seventh amendment right to a jury trial, and argue that exceptions to the seventh amendment exist, not in spite of, but precisely due to the overriding need for procedural due process. The thesis of this Article is that exceptions to the jury trial right should be permitted, and such exceptions are consistent with this right. The Article will focus especially on the Third Circuit's construction of a three-part test, and will examine an alternative basis for finding an exception to …
Mandatory Intervention: Expansion Of Collateral Estoppel In Favor Of Single Defendants Against Multiple Plaintiffs In Federal Civil Litigation, 14 J. Marshall L. Rev. 441 (1981), Michael C. Sachs
UIC Law Review
No abstract provided.
Rogers V. Robson: Increased Malpractice Liability For Insurance Defense Counsel, 14 J. Marshall L. Rev. 589 (1981), Martha Bruns Weiss
Rogers V. Robson: Increased Malpractice Liability For Insurance Defense Counsel, 14 J. Marshall L. Rev. 589 (1981), Martha Bruns Weiss
UIC Law Review
No abstract provided.
Federal Class Action Reform: A Response To The Proposed Legislation, George B. Mickum Iii, Carol A. Rhees
Federal Class Action Reform: A Response To The Proposed Legislation, George B. Mickum Iii, Carol A. Rhees
Kentucky Law Journal
No abstract provided.