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Litigation

1988

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Articles 31 - 60 of 83

Full-Text Articles in Law

The Effluent Charge Approach To Water Quality Control, Ralph W. Johnson Jun 1988

The Effluent Charge Approach To Water Quality Control, Ralph W. Johnson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

10 pages.

Contains references.


Litigation, J. Wheaton May 1988

Litigation, J. Wheaton

California Regulatory Law Reporter

No abstract provided.


Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber Apr 1988

Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber

University of Michigan Journal of Law Reform

This Article examines whether Rule 23(b)(2) violates the procedural due process rights of absent class members by binding them to the judgment in a class case without notice of the suit. It concludes that the Rule almost certainly violates due process and proposes a reform that would permit nonbinding class actions similar to the old "spurious" class suits.


Instream Flow Water Rights: Arizona’S Approach, Herb Dishlip Apr 1988

Instream Flow Water Rights: Arizona’S Approach, Herb Dishlip

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

15 pages.


Instream Flows, The Public Trust, And The Future Of The West, Harrison C. Dunning Apr 1988

Instream Flows, The Public Trust, And The Future Of The West, Harrison C. Dunning

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

65 pages (includes illustrations).

Contains 28 pages of footnotes.


Agenda: Instream Flow Protection In The Western United States: A Practical Symposium, University Of Colorado Boulder. Natural Resources Law Center Mar 1988

Agenda: Instream Flow Protection In The Western United States: A Practical Symposium, University Of Colorado Boulder. Natural Resources Law Center

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

Conference speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.

Virtually all western states now provide some kind of legal recognition for instream flows. On March 31-April 1, the Natural Resources Law Center will present a symposium on the different approaches taken in these states, with emphasis on such major issues as the purposes for instream flows, the quantities of water needed for these purposes, enforcement of instream flow rights, federal instream flow claims, private instream flow claims, and transferring consumptive water rights to instream flow rights. Speakers include representatives from state agencies …


Oregon’S Minimum Perennial Streamflows, John Borden Mar 1988

Oregon’S Minimum Perennial Streamflows, John Borden

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

12 pages.


Colorado’S Instream Flow Program: Protecting Free-Flowing Streams In A Water Consumptive State, Steven J. Shupe Mar 1988

Colorado’S Instream Flow Program: Protecting Free-Flowing Streams In A Water Consumptive State, Steven J. Shupe

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

30 pages.

Contains footnotes.


Instream Flows In Idaho, Josephine P. Beeman, Kenneth R. Arment Mar 1988

Instream Flows In Idaho, Josephine P. Beeman, Kenneth R. Arment

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

23 pages.

Contains footnotes.


The Protection Of Instream Flows In Montana: A Legal-Institutional Perspective, Matthew J. Mckinney, Gary Fritz, Patrick Graham, Deborah Schmidt Mar 1988

The Protection Of Instream Flows In Montana: A Legal-Institutional Perspective, Matthew J. Mckinney, Gary Fritz, Patrick Graham, Deborah Schmidt

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

42 pages.

Contains references.


Keeping The Waters Flowing: Streamflow Protection Programs, Strategies And Issues In The West, Steven J. Shupe Mar 1988

Keeping The Waters Flowing: Streamflow Protection Programs, Strategies And Issues In The West, Steven J. Shupe

Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1)

44 pages.

Contains 2 pages of footnotes.


Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider Jan 1988

Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Appellate Practice In The Second Circuit Court Of Appeals, Roger J. Miner '56 Jan 1988

Appellate Practice In The Second Circuit Court Of Appeals, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.


Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56 Jan 1988

Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56

Court Conferences and Events

No abstract provided.


Lesbians, Gays And Feminist At The Bar: Translating Personal Experience Into Effective Legal Argument - A Symposium, Elizabeth M. Schneider Jan 1988

Lesbians, Gays And Feminist At The Bar: Translating Personal Experience Into Effective Legal Argument - A Symposium, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Accidents Do Happen: Hazardous Technology And International Tort Litigation, Stephen C. Mccaffrey Jan 1988

Accidents Do Happen: Hazardous Technology And International Tort Litigation, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.


Single Firm Conduct, George A. Hay Jan 1988

Single Firm Conduct, George A. Hay

Cornell Law Faculty Publications

My assignment is to discuss likely future developments involving single firm conduct. I will first discuss general trends and then move on to discuss some specific areas of the law. At the outset, however, I should remind the reader that what follows are predictions, not endorsements.


Developments In Merger Litigation: The Government Doesn't Always Win, Stephen Calkins Jan 1988

Developments In Merger Litigation: The Government Doesn't Always Win, Stephen Calkins

Law Faculty Research Publications

"The sole consistency that I can find is that under Section 7, the Government always wins." When this famous antitrust apothegm was pronounced in 1966 by Justice Stewart, dissenting in United States v. Von's Grocery, it had the ring of truth. It is less true today: of the (admittedly few) reported Justice Department merger cases decided since William Baxter assumed responsibility as Assistant Attorney General, the Government has lost all but one. The Federal Trade Commission's court record in merger cases has been substantially better. Even in private cases, usually involving challenges to mergers to which the federal antitrust …


Brief Amici Curiae Of Feminist Anti-Censorship Taskforce, Et Al., In American Booksellers Association V. Hudnut, Nan D. Hunter, Sylvia A. Law Jan 1988

Brief Amici Curiae Of Feminist Anti-Censorship Taskforce, Et Al., In American Booksellers Association V. Hudnut, Nan D. Hunter, Sylvia A. Law

University of Michigan Journal of Law Reform

The document that follows represents both a legal brief and a political statement. It was written for two purposes: to mobilize, in a highly visible way, a broad spectrum of feminist opposition to the enactment of laws expanding state suppression of sexually explicit material; and to place before the Court of Appeals for the Seventh Circuit a cogent legal argument for the constitutional invalidity of an Indianapolis municipal ordinance that would have permitted private civil suits to ban such material, purportedly to protect women. Drafting this brief was one of the most demanding and exhilarating assignments either author has yet …


Civil Practice, Jay C. Carlisle Jan 1988

Civil Practice, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

While 1986 was a watershed year for the CPLR practitioner, 1987 passed with what one prominent commentator has referred "a yawn." Nonetheless, there were several important amendments to the CPLR in 1987 and our courts produced more than a few ''drab” opinions worthy of discussion. Furthermore, the bar and bench should rejoice because this year's Survey marks the twenty-fifth anniversary of the CPLR and the fiftieth anniversary of the Federal Rules of Civil Procedure. It is also the sixty-fifth year since a commentator first reviewed significant developments in New York civil practice.


Litigation, J. Wheaton Jan 1988

Litigation, J. Wheaton

California Regulatory Law Reporter

No abstract provided.


Jury Instructions: A Persistent Failure To Communicate, Elizabeth G. Thornburg, Walter W. Steele Jr. Jan 1988

Jury Instructions: A Persistent Failure To Communicate, Elizabeth G. Thornburg, Walter W. Steele Jr.

Faculty Journal Articles and Book Chapters

This article reports on an empirical study of juror comprehension of pattern jury instructions. It demonstrated that comprehension of the original instructions was poor, but that rewriting significantly improved their ability to understand and explain the meaning of the instructions. A separate study showed that jurors report that they discuss and consider the language of the instructions provided to them.


Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke Jan 1988

Rock V. Arkansas: Hypnosis And The Prejudice Rule - Your Memories May Not Be Your Own, 21 J. Marshall L. Rev. 409 (1988), Gail Downer Zwemke

UIC Law Review

No abstract provided.


Voluntary Dismissals - From Shield To Sword By The Convergence Of Improvident Actions, 21 J. Marshall L. Rev. 549 (1988), James T. Ferrini, Richard R. Winter Jan 1988

Voluntary Dismissals - From Shield To Sword By The Convergence Of Improvident Actions, 21 J. Marshall L. Rev. 549 (1988), James T. Ferrini, Richard R. Winter

UIC Law Review

No abstract provided.


Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young Jan 1988

Brief For Petitioner, 21 J. Marshall L. Rev. 955 (1988), L. Lee Byrd, Yvonne T. Griffin, G. Rodney Young

UIC Law Review

No abstract provided.


Brief For Respondent, 21 J. Marshall L. Rev. 983 (1988), Matthew W. Nakon, Laura J. Steffe, Steven R. Yoo Jan 1988

Brief For Respondent, 21 J. Marshall L. Rev. 983 (1988), Matthew W. Nakon, Laura J. Steffe, Steven R. Yoo

UIC Law Review

No abstract provided.


Illinois Courts Struggle To Evaluate Race-Neutral Explanations For Peremptory Challenges Under Batson V. Kentucky, 22 J. Marshall L. Rev. 235 (1988), Kevin E. Bry Jan 1988

Illinois Courts Struggle To Evaluate Race-Neutral Explanations For Peremptory Challenges Under Batson V. Kentucky, 22 J. Marshall L. Rev. 235 (1988), Kevin E. Bry

UIC Law Review

No abstract provided.


The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann Jan 1988

The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.


Carnegie-Mellon University V. Cohill: The United States Supreme Court Upholds The Authority Of Federal Courts To Remand Properly Removed Pendent Jurisdiction Claims, 22 J. Marshall L. Rev. 389 (1988), William Barrett Jan 1988

Carnegie-Mellon University V. Cohill: The United States Supreme Court Upholds The Authority Of Federal Courts To Remand Properly Removed Pendent Jurisdiction Claims, 22 J. Marshall L. Rev. 389 (1988), William Barrett

UIC Law Review

No abstract provided.


A Nonsettling Defendant's Perspective On Reasonableness Hearings Under Washington's 1981 Tort Reform Act, Luanne Coachman Jan 1988

A Nonsettling Defendant's Perspective On Reasonableness Hearings Under Washington's 1981 Tort Reform Act, Luanne Coachman

Seattle University Law Review

This Comment addresses the questions that the nonsettling defendant's attorney must answer. Section I sets out the function of reasonableness hearings in light of the policies the hearings are intended to further-avoiding collusion between settling defendants and plaintiffs and equitably apportioning the financial burden among tortfeasors. Section II examines the form of reasonableness hearings, including what evidence should be presented, what standards must be met, and the need for reviewable findings and conclusions. Section III analyzes, in terms of constitutional due process, the notice required by the statute. Section IV considers what remedy should follow a finding that a settlement …