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Litigation

1986

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Articles 1 - 30 of 63

Full-Text Articles in Law

Federal Venue Under Section1392(A): The Problem Of The Multidistrict Defendant, Brent E. Johnson Nov 1986

Federal Venue Under Section1392(A): The Problem Of The Multidistrict Defendant, Brent E. Johnson

Michigan Law Review

This Note argues that a broad construction of section 1392(a) which would allow Aunt Bea to bring suit in the Southern District of California where Mayberry alone resides is preferable to a narrow construction which would restrict Bea to the Northern District where both defendants reside. Part I of this Note maintains that the language of section 1392(a) is ambiguous and does not indicate the clear intent of Congress, despite assertions to the contrary by proponents of both the broad and narrow constructions of the statute. Part II demonstrates that a superficially relevant Supreme Court decision tending to ...


Rico: Limiting Suits By Altering The Pattern, Edward Lee Isler Oct 1986

Rico: Limiting Suits By Altering The Pattern, Edward Lee Isler

William & Mary Law Review

No abstract provided.


Target Litigation, Michael Rosenzweig Oct 1986

Target Litigation, Michael Rosenzweig

Michigan Law Review

In Part I, I explore the motives of litigious target managers. I briefly examine the takeover defense literature and empirical evidence regarding the frequency of target litigation, both of which indicate that target managers usually sue bidders in order to defeat unwanted takeover attempts. I also suggest that judicial reactions to target lawsuits largely confirm this hypothesis.

I then discuss, in Part II, target management's conflict of interest in control contests and the particular strategic considerations that lead target managers to sue hostile bidders. I argue that target litigation is peculiarly likely to be frivolous and, based on a ...


Woodsy Witchdoctors Versus Judicial Guerrillas: The Role And Impact Of Competing Interest Groups In Environmental Litigation, Gregory L. Hassler, Karen O'Connor Aug 1986

Woodsy Witchdoctors Versus Judicial Guerrillas: The Role And Impact Of Competing Interest Groups In Environmental Litigation, Gregory L. Hassler, Karen O'Connor

Boston College Environmental Affairs Law Review

No abstract provided.


Epa Regulation Of Mining Wastes Under Rcra And Cercla, Robert E. Walline Jun 1986

Epa Regulation Of Mining Wastes Under Rcra And Cercla, Robert E. Walline

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

9 pages.


Natural Resources Damage Litigation [Appendix], Michael Donovan Jun 1986

Natural Resources Damage Litigation [Appendix], Michael Donovan

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

80 pages (includes illustrations).

Contains references and historical notes.

Appendix contains 3 attachments:

1) Comprehensive Environmental Response, Compensation and Liability Act, ("CERCLA"), 42 U.S.C. 9601 et seq. (1980)

2) National Contingency Plan, 40 C.F.R. Part 440, 50 Fed. Reg. No. 224, Part III (November 20, 1985)

3) Natural Resource Damage Assessments - Proposed Rule, Department of Interior, 43 C.F.R. Part 11, 50 Fed. Reg. No. 245, Part IV (December 20, 1985)


Revised Definition Of Solid Waste, John D. Fognani Jun 1986

Revised Definition Of Solid Waste, John D. Fognani

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

15 pages.


The New Cercla Amendments—What Are They? What Do They Mean?, David R. Andrews Jun 1986

The New Cercla Amendments—What Are They? What Do They Mean?, David R. Andrews

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

35 pages.


The 1985/1986 Amendments To The Comprehensive Environmental Response, Compensation, And Liability Act: A Background Paper, Alan J. Gilbert Jun 1986

The 1985/1986 Amendments To The Comprehensive Environmental Response, Compensation, And Liability Act: A Background Paper, Alan J. Gilbert

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

20 pages.

Contains 2 attachments.


Review On The Administrative Record In Cercla Actions And Settlement Policy Summary, Stephen D. Ramsey Jun 1986

Review On The Administrative Record In Cercla Actions And Settlement Policy Summary, Stephen D. Ramsey

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

50 pages.

Contains references.


Agenda: Getting A Handle On Hazardous Waste Control, University Of Colorado Boulder. Natural Resources Law Center Jun 1986

Agenda: Getting A Handle On Hazardous Waste Control, University Of Colorado Boulder. Natural Resources Law Center

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

The conference chairman was University of Colorado School of Law professor Lawrence J. MacDonnell.

During the past ten years Congress has made the regulation of hazardous waste a priority. This conference focuses on the Resource Conservation and Recovery Act, as amended in 1984, and the Comprehensive Environmental Response, Compensation and Liability Act.

This conference attracted about 100 registrants from 16 states plus the District of Columbia. John G. Welles, Regional Director for EPA Region 8, presented a luncheon address.


The New Small Quantity Generator Rules: Rcra Reaches Small Business, Hal Winslow Jun 1986

The New Small Quantity Generator Rules: Rcra Reaches Small Business, Hal Winslow

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

16 pages.

Contains 1 footnote.


The 1984 Hswa Amendments: The Land Disposal Restrictions, James R. Spaanstra Jun 1986

The 1984 Hswa Amendments: The Land Disposal Restrictions, James R. Spaanstra

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

28 pages.

Contains references.


Reduction Of Hazardous Waste—Pay Me Now Or Pay Me Later, Frank B. Friedman Jun 1986

Reduction Of Hazardous Waste—Pay Me Now Or Pay Me Later, Frank B. Friedman

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

8 pages.

Contains 1 attachment.


Colorado’S Hazardous Waste Program: Current Activities And Issues, Richard L. Griffith Jun 1986

Colorado’S Hazardous Waste Program: Current Activities And Issues, Richard L. Griffith

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

17 pages.


An Evaluation Of Rcra, David J. Lennett Jun 1986

An Evaluation Of Rcra, David J. Lennett

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

68 pages (includes 1 illustration).

Contains 1 page of references.

Contains 5 attachments.


Regulation Of Wastes From The Metals Mining Industry: The Shape Of Things To Come, Lawrence J. Macdonnell Jun 1986

Regulation Of Wastes From The Metals Mining Industry: The Shape Of Things To Come, Lawrence J. Macdonnell

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

37 pages.

Contains 5 pages of endnotes.


Underground Storage Tank Regulations, J. Kemper Will Jun 1986

Underground Storage Tank Regulations, J. Kemper Will

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

17 pages (includes 1 illustration and 1 form).

Contains 3 pages of references.

Contains 4 attachments.


Environmental Litigation In Historical Perspective, Samuel P. Hays Jun 1986

Environmental Litigation In Historical Perspective, Samuel P. Hays

University of Michigan Journal of Law Reform

During the past several decades, litigation has played a major role in the attempt by citizens to realize environmental objectives. Its impact has been elaborated extensively in the vast array of writing in law journals as well as in the cases themselves. Most analyses have focused on specialized subjects of either substantive policy or legal procedure. In this brief Essay I attempt a more comprehensive overview involving two background factors- the growth of environmental values since World War II and the response of governmental institutions to the resulting demands placed upon them. Among these institutions were the courts. Their role ...


In The Wake Of The Snail Darter: An Environmental Law Paradigm And Its Consequences, Zygmunt J.B. Plater Jun 1986

In The Wake Of The Snail Darter: An Environmental Law Paradigm And Its Consequences, Zygmunt J.B. Plater

University of Michigan Journal of Law Reform

Everything is connected to everything else: so goes the first law of ecology. This interconnectedness is reflected in environmental law as well, extending beyond natural science and particular resource conflicts to link environmental law intimately with the politics, philosophies, economics, and societal values that form its much larger context-an ecology of human and natural systems.

The Tellico Dam litigation reflected this interconnectedness. On its face, it was a simple environmental confrontation; it will be remembered as the "extreme" case of the little endangered fish, the snail darter, that almost stopped a Tennessee Valley Authority (TVA) dam. But if one picks ...


An Analysis Of Public Attitudes Toward The Insanity Defense, Valerie P. Hans May 1986

An Analysis Of Public Attitudes Toward The Insanity Defense, Valerie P. Hans

Cornell Law Faculty Publications

Results from a public opinion survey of knowledge, attitudes, and support for the insanity defense indicate that people dislike the insanity defense for both retributive and utilitarian reasons: they want insane law-breakers punished, and they believe that insanity defense procedures fail to protect the public. However, people vastly overestimate the use and success of the insanity plea. Several attitudinal and demographic variables that other researchers have found to be associated with people's support for the death penalty and perceptions of criminal sentencing are also related to support for the insanity defense. Implications for public policy are discussed.


Collateral Estoppel In Potentially Changing Fact Situations: Dracos V. Hellenic Lines, Ltd., John M. Burke May 1986

Collateral Estoppel In Potentially Changing Fact Situations: Dracos V. Hellenic Lines, Ltd., John M. Burke

BYU Law Review

No abstract provided.


Direct Examination: Some Evidentiary And Practical Considerations, W. Dent Gitchel Apr 1986

Direct Examination: Some Evidentiary And Practical Considerations, W. Dent Gitchel

University of Arkansas at Little Rock Law Review

No abstract provided.


Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr. Apr 1986

Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


The Conduct Of Voir Dire: A Psychological Analysis, Valerie P. Hans Apr 1986

The Conduct Of Voir Dire: A Psychological Analysis, Valerie P. Hans

Cornell Law Faculty Publications

The voir dire process in jury selection, in which the prospective jurors are questioned about their possible biases in the case, has come under increasing scrutiny in recent years. This article discusses psychological research and its implications for the conduct of the voir dire. The research indicates that individual, sequestered, open-ended questioning on issues directly relevant to the trial is the superior method for uncovering bias in prospective jurors. Furthermore, adversary attorneys appear to have a modest edge over judges in the detection of prejudice. The author notes that these findings must be balanced against other interests served by the ...


Suing In The Right Of The Corporation: A Commentary And Proposal For Legislative Reform, Lawrence A. Larose Apr 1986

Suing In The Right Of The Corporation: A Commentary And Proposal For Legislative Reform, Lawrence A. Larose

University of Michigan Journal of Law Reform

This Article is premised on the belief that the derivative action is uniquely susceptible to strike suit litigation-that is, actions with little or no substantive merit but pursued to exploit the nuisance value inherent in litigation. Although there is historic support for the notion of "pernicious and vexing" derivative litigation, some modern evidence suggests that the vast majority of publicly held companies experience no derivative litigation. Commentators, however, have questioned both the validity of the modern evidence and the conclusions derived from it. Despite these criticisms, observers of the present vitality of the derivative action, far from characterizing it as ...


The Application Of A Due Diligence Requirement To Market Share Theory In Des Litigation, Thomas C. Willcox Apr 1986

The Application Of A Due Diligence Requirement To Market Share Theory In Des Litigation, Thomas C. Willcox

University of Michigan Journal of Law Reform

This Note argues that courts should impose a due diligence requirement on plaintiffs as a prerequisite to the use of market share theory. Part I examines traditional products liability theories along with alternative theories and explains the relationship of due diligence to market share theory. Part II argues that due diligence should be a prerequisite to market share liability. Part III discusses the nature of due diligence in this context. Finally, Part IV considers various objections to a due diligence requirement and argues that they are essentially without merit.


Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser Apr 1986

Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser

Michigan Law Review

A Review of Beyond Busing: Inside the Challenge to Urban Segregation by Paul R. Dimond


Bakke & The Politics Of Equality, Paul V. Timmins Apr 1986

Bakke & The Politics Of Equality, Paul V. Timmins

Michigan Law Review

A Review of Bakke & the Politics of Equality by Timothy J. O'Neill


Policing The Bases Of Modern Expert Testimony, Ronald L. Carlson Apr 1986

Policing The Bases Of Modern Expert Testimony, Ronald L. Carlson

Vanderbilt Law Review

Technical witnesses have revolutionized the American lawsuit. Advertisements in litigation periodicals bear witness to the broad range of courtroom expert testimony available to the trial bar. A specialist in airplane pilot error places an advertisement on the same page with an advertiser who is eminently qualified to provide expert testimony in churning securities litigation."' Also included are obscenity experts for criminal cases as well as a timber products specialist with "global experience in accidents and related cases," who claims, "more than 30 years experience with wood utility poles."' Within the category of timber and woods there are other experts as ...