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Articles 31 - 56 of 56
Full-Text Articles in Law
Institutional Litigation In The Post-Chapman World, Susan Herman
Institutional Litigation In The Post-Chapman World, Susan Herman
Faculty Scholarship
No abstract provided.
Causes Of Action In Computer Litigation: Special Problems For The Small Or First Time User, Susan J. Macaulay
Causes Of Action In Computer Litigation: Special Problems For The Small Or First Time User, Susan J. Macaulay
Loyola University Chicago Law Journal
No abstract provided.
Economical Litigation: Kentucky's Answer To High Costs And Delay In Civil Litigation, C. Lynn Oliver
Economical Litigation: Kentucky's Answer To High Costs And Delay In Civil Litigation, C. Lynn Oliver
Kentucky Law Journal
No abstract provided.
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Kentucky Law Journal
No abstract provided.
The Ftc And Pricing: Of Predation And Signaling, George A. Hay
The Ftc And Pricing: Of Predation And Signaling, George A. Hay
Cornell Law Faculty Publications
This paper summarizes and comments on two recent FTC cases. The first case involved accusations of predatory pricing against Borden, the manufacturer of ReaLemon, the dominant brand of reconstituted lemon juice. The second involved price-signaling and other so-called facilitating practices by the four makers of lead-based antiknock compounds.
Demonstration: Economic Analysis And Expert Testimony—Plaintiff's Conference, Eleanor M. Fox, Jay Topkis, George A. Hay, Charles B. Renfrew
Demonstration: Economic Analysis And Expert Testimony—Plaintiff's Conference, Eleanor M. Fox, Jay Topkis, George A. Hay, Charles B. Renfrew
Cornell Law Faculty Publications
This article is a demonstration on the use of economic experts. The demonstration is based loosely on Mobil’s attempted take-over of Marathon Oil Company. However, the oil companies involved here are named Major, which is the second largest oil company in the United States, and Olympic, which is the largest supplier to independents. Any resemblance of Major and Olympic to any other firm, entity or person, living or not, is purely coincidental.
The demonstration is divided into two parts. The first part is the conference. A conference of plaintiff’s team will be followed by a conference of defendant’s team.
Reducing Court Costs And Delay: An Overview, Leonard S. Janofsky
Reducing Court Costs And Delay: An Overview, Leonard S. Janofsky
University of Michigan Journal of Law Reform
The American legal system is unparalleled in its efforts to protect individual rights. A citizen's access to the legal system provides the basis for our government of laws. Yet, it must be recognized that serious problems confront the American system and persist despite a long history of efforts at reform by the organized bar, the judiciary, and other interested parties. Years of delay exist in many of the nation's busiest courts. The cost of maintaining or defending a suit has grown at an alarming rate. These infamous twin evils - delay and cost - do more than belie the standard …
An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador
An Appellate Court Dilemma And A Solution Through Subject Matter Organization, Daniel J. Meador
University of Michigan Journal of Law Reform
The recent litigation explosion presents a two-pronged dilemma for American appellate courts. If, on the one hand, the number of appellate judges is not expanded to keep abreast of growing case loads, there is a risk that courts will rely too heavily on professional staff, thereby watering down the decision-making process. If, on the other hand, the number of judges is proportionately increased with the growth in appellate litigation, the number of three-judge decisional units will also increase, thereby threatening predictability and uniformity in the law of the jurisdiction. This Article undertakes to explain that dilemma and to offer a …
The Equal Access To Justice Act, Pub. L. No. 96-481, 94 Stat. 2325 (1980), P. Scott Mitchell
The Equal Access To Justice Act, Pub. L. No. 96-481, 94 Stat. 2325 (1980), P. Scott Mitchell
Florida State University Law Review
Civil Procedure-ATTORNEY'S FEES-RECOVERY OF ATTORNEY'S FEES AGAINST THE UNITED STATES
Recent Decisions, Timothy J. Peaden, Charles S. Baugh, Marc W. Joseph, Melissa Q. Windham
Recent Decisions, Timothy J. Peaden, Charles S. Baugh, Marc W. Joseph, Melissa Q. Windham
Vanderbilt Journal of Transnational Law
Antitrust--Noerr-Pennington Extends Immunity from Sherman Act to Foreign Litigation and Foreign Acts that result in Alleged Antitrust Violations, Coastal States Marketing, Inc. v. Hunt, 694 F.2d 1358 (5th Cir. 1983).
Antitrust--Foreign Import Cartels are Liable under the Sherman Act although domestic export competitors are shielded with a Webb-Pomerene exemption. Daishowa International v. North Coast Export Co., 1982-2 Trade Cas.64,774 (N.D. Cal.).
The Silent Revolution, Faust Rossi
The Silent Revolution, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper
Oral Argument And Expediting Appeals: A Compatible Combination, Joy A. Chapper
University of Michigan Journal of Law Reform
The purpose of this Article is to explore these issues in light of Sacramento's experience with the expedited appeal procedure. The data presented here are drawn from an evaluation of the first twelve months of the procedure's operation. This evaluation was based on court records of the more than one hundred cases that followed the expedited procedure to completion, in-person interviews with members of the court and court staff, and telephone interviews with participating attorneys. Part I briefly sets out the new procedure and the context in which this procedure was introduced and integrated. Part II discusses the conclusions that …
The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard
The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard
UIC Law Review
No abstract provided.
Class Actions: Judicial Control Of Defense Communication With Absent Class Members, Donald D. Levenhagen
Class Actions: Judicial Control Of Defense Communication With Absent Class Members, Donald D. Levenhagen
Indiana Law Journal
No abstract provided.
Memory Restored Or Confabulated By Hypnosis—Is It Competent?, James E. Beaver
Memory Restored Or Confabulated By Hypnosis—Is It Competent?, James E. Beaver
Seattle University Law Review
This article examines the scientific basis of hypnosis and concludes that previously hypnotized witnesses are incompetent to testify concerning matters discussed under hypnosis. Unbiased examination of scientific literature discloses that persons under hypnosis are highly motivated to please the hypnotist and therefore are likely to fantasize rather than accurately recall lost memories. After hypnosis these false impressions are fixed as true and the witness is unshakable on cross-examination. Therefore, the McCormick relevancy test is inadequate, and hypnosis tainted testimony, like other scientific evidence, must meet the stricter Frye standard before being presented to the finder of fact. Hypnosis presently does …
Inevitable Errors: The Preponderance Of The Evidence Standard In Civil Litigation, James Brook
Inevitable Errors: The Preponderance Of The Evidence Standard In Civil Litigation, James Brook
Articles & Chapters
No abstract provided.
Staying Litigation Pending Reexamination Of Patents, Robert W. Fieseler
Staying Litigation Pending Reexamination Of Patents, Robert W. Fieseler
Loyola University Chicago Law Journal
No abstract provided.
Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton
Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton
Seattle University Law Review
This Note first explains the nature of asbestos diseases, the standard insurance policy language, and the theories of insurance coverage. It then demonstrates the misapplications of medical evidence and contract interpretation principles in Eagle-Picher Industries Inc. v. Liberty Mutual Insurance Company, and concludes with a discussion of the wider implications of the decision and the better theory suggested by Judge Wald. Because the facts and issues involved in Insurance Company of North America v. Forty-Eight Insulations, Keene Corp. v. Insurance Company of North America, and Eagle-Picher are essentially the same, the conclusions drawn from Eagle-Picher apply equally …
Statistics In Litigation: A Selective Bibliography, Michael G. Chiorazzi
Statistics In Litigation: A Selective Bibliography, Michael G. Chiorazzi
Articles
No abstract provided.
Federal Injunctions And The Public Interest, Gene R. Shreve
Federal Injunctions And The Public Interest, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Hypnotic Evidence, Paul C. Giannelli
The Justice Conundrum, Marshall J. Breger
The Justice Conundrum, Marshall J. Breger
Scholarly Articles
The litigation explosion threatens to overwhelm the capacity of our judicial institutions to respond adequately to the needs of our society. An understanding of this crisis can be achieved only through the questioning of a number of principles central to our justice system. This essay will explore the contours of these questions and evaluate various responses to the litigation crisis. By their nature, the solutions suggested can be only tentative.
Controlling Jury Damage Awards In Private Antitrust Suits, Michigan Law Review
Controlling Jury Damage Awards In Private Antitrust Suits, Michigan Law Review
Michigan Law Review
This Note takes the position that the courts should better control jury manipulation in private antitrust actions. Part One suggests that manipulation is likely in such actions, and argues that this manipulation off ends the legislative judgment reflected in the trebling provision without leading to more equitable results. Part Two presents two complementary proposals to control jury manipulation of treble damage awards. These proposals aim to induce the jury to return accurate awards based on the economic loss actually suffered by the plaintiff.
Review Of The New Deal Lawyers, By Peter H. Irons, William Michael Treanor
Review Of The New Deal Lawyers, By Peter H. Irons, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
This article reviews The New Deal Lawyers by Peter H. Irons (1982).
The government lawyers who helped shape and defend New Deal agencies have received little attention from scholars. Any oversight has now, however, been redressed. The New Deal Lawyers provides a detailed and careful study of the litigation process that preceded the New Deal's 1937 court triumphs. Peter Irons' book focuses on the activities of three key agencies and their general counsels: the National Recovery Administration (NRA) and Donald Richberg; the Agricultural Adjustment Administration (AAA) and Jerome Frank; and the National Labor Relations Board (NLRB) and Charles Fahy. Each …
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood
Law Faculty Scholarly Articles
Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …
Discovery Of Nonparties' Tangible Things Under The Federal Rules Of Civil Procedure, Sarah N. Welling
Discovery Of Nonparties' Tangible Things Under The Federal Rules Of Civil Procedure, Sarah N. Welling
Law Faculty Scholarly Articles
Federal Rules of Civil Procedure 26 through 37 describe procedures for pretrial discovery. While one may employ all the methods of discovery against parties, discovery methods for nonparties are much more limited. For example, with the exception of the independent action under subdivision (c), the procedures detailed in Federal Rule 34 regarding production of tangible things do not apply to nonparties. Frequently, though, a litigant must discover tangible things in the possession, custody, or control of a nonparty. Although the federal rules do provide alternative methods for the discovery of nonparties' things, the whole discovery scheme for nonparties is rather …