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Articles 31 - 60 of 79
Full-Text Articles in Law
The Art Of War And The Art Of Trial Advocacy: Is There Common Ground?, Christopher D. Balch
The Art Of War And The Art Of Trial Advocacy: Is There Common Ground?, Christopher D. Balch
Mercer Law Review
The most difficult task for me as a future litigator is to define a frame of reference within which to practice the art of advocacy. While law school offers many courses in trial practice, mock trial, and litigation drafting, there is little opportunity to coalesce these segments into a complete strategy for trial advocacy. In order to begin to make sense of the pieces, I needed to define a working model within which to place them. The most obvious place to start was with the oft quoted analogy that trial is civilized combat.
There Is No Such Thing As A Free Question: Examining The Hidden Costs Of Trial Advocacy, Michelle Schieber
There Is No Such Thing As A Free Question: Examining The Hidden Costs Of Trial Advocacy, Michelle Schieber
Mercer Law Review
Readers of Robert H. Klonoff and Paul L. Colby's new book on trial tactics might well be surprised by the authors' frequent references to fictional works such as Presumed Innocent and Perry Mason. A reader might even go so far as to conclude that the text which he has undertaken to peruse is somewhat radical. But if the reader also assumes that the authors' quirky approach has resulted in a book without merit, then he would be very wrong indeed.
The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings
The Impact Of Alternative Negligence Defense Rules On Litigation Behavior And Tort Claim Disposition, Marianne M. Jennings
Brigham Young University Journal of Public Law
No abstract provided.
Comparative Negligence In Suits Against Accountants: A Statutory And Policy Analysis, Dennis V. Dahle
Comparative Negligence In Suits Against Accountants: A Statutory And Policy Analysis, Dennis V. Dahle
Brigham Young University Journal of Public Law
No abstract provided.
Telling Stories: The Spoken Narrative Tradition In Criminal Defense Discourse, Laura Gardner Webster
Telling Stories: The Spoken Narrative Tradition In Criminal Defense Discourse, Laura Gardner Webster
Mercer Law Review
Near the end of the Criminal Procedure course that I teach, I assigned the case of Cuyler v. Sullivan, a treacherously complex decision grounded in the sixth amendment right to conflict-free counsel in criminal trials. While the case demonstrates the intricacies of federal habeas corpus review of state criminal convictions, I do not find it absorbing for that reason. I assign it because the respondent, John Sullivan, having successfully urged his claim before the United States Supreme Court, died in the jail in which he had spent most of the previous twenty years of his life.
Building The Powerfully Persuasive Criminal Defense, Stephen C. Rench
Building The Powerfully Persuasive Criminal Defense, Stephen C. Rench
Mercer Law Review
The persuasive case remains the foundation and sine qua non of trial advocacy. The importance of building the persuasive case first cannot be overestimated, for everything else flows 'from the thoroughly prepared and developed case. It furnishes the essential solid foundation from which the lawyer works in evaluating, negotiating, and when necessary, preparing the individual phases of the trial; The purpose of this Article is to describe the persuasive case and then to set forth a system and process for the building of that persuasive criminal defense case.
Cross-Examination, David L. Lewis
Cross-Examination, David L. Lewis
Mercer Law Review
Cross-examination is a force of nature, an unswept intangible force of the universe harnessed in a small space for a very short time at best. It is akin to a newly created element seeking a place on the periodic table. Cross-examination is also the hunger of the wolf and the thirst for justice. It does not admit to being tied to a theory but only to being capable of absorbing life's breath. Good cross-examination begins with the very breath of life, complete with passion and righteousness. It is a terrible, swift sword.
The Defendant As A Witness, Alex Zipperer
The Defendant As A Witness, Alex Zipperer
Mercer Law Review
Few tactical decisions facing the criminal defense lawyer are as problematic as the decision whether to present evidence on behalf of the defense, and particularly whether to have the defendant testify. Trial lawyering cannot be practiced effectively by simply "going by the book." There are no definitive studies, nor can there be, to tell us what the general rule should be in deciding whether the defendant should testify, or otherwise present evidence in any given case. The nature of the criminal trial does not lend itself to a neat set of rules one pulls out of the hip pocket and …
Closing Argument: Tapping The Human Experience, Drew Findling
Closing Argument: Tapping The Human Experience, Drew Findling
Mercer Law Review
To every criminal defense attorney there comes the inevitable daydream. That time when you imagine yourself in front of the jury passionately proclaiming your client's innocence. It is a fantasy dominated by your emotion and shared with an imaginary jury. You can sense the jury move with every word you utter. You expect the jury to applaud you at any moment. Finally, at the end of this reverie, you receive the ultimate ovation, a verdict of not guilty. It is your responsibility to convert that daydream into reality. Your closing argument should be that segment of the trial in which …
Defending The Death Penalty Case: What Makes Death Different?, Andrea D. Lyon
Defending The Death Penalty Case: What Makes Death Different?, Andrea D. Lyon
Mercer Law Review
The United States Supreme Court has said time and again that "death is different." Lately, reading the Court's decisions makes the death penalty defense attorney wonder why, in those cases in which the imposition of the death penalty is the greatest, it is seemingly all right to have the most conviction-prone jury, a racially biased history of the death penalty's imposition, and fewer procedural safeguards.
Political Trials, Ephraim Margolin
Political Trials, Ephraim Margolin
Mercer Law Review
In Political Criminal Trials, John Sink distinguished between cases in which the defendant admits the deeds, but invokes political reasons as a justification, and cases in which the prosecution proceeds against suspects for political reasons of its own. Each category of case is tried differently. Each compels a different approach to the handling of the media.
A Crisis Of Legality In The Criminal Law? Reflections On The Rule Of Law, Francis A. Allen
A Crisis Of Legality In The Criminal Law? Reflections On The Rule Of Law, Francis A. Allen
Mercer Law Review
The Carl Vinson Lecture
The notion of the Rule of Law dates from the beginnings of political thought in the western world. In many ways it has had a curious career, for the concept has inspired hyperbole and bombast while, at the same time, generating some of our most sensitive meditations on the nature of law and the relation of individual rights to the exercise of political power and authority.
And God Created Woman. . . . But To Be A Criminal Defense Attorney?, Ellen S. Podgor, Leonard D. Pertnoy
And God Created Woman. . . . But To Be A Criminal Defense Attorney?, Ellen S. Podgor, Leonard D. Pertnoy
Mercer Law Review
The focus of this Article is to discuss how different stereotypes affect the court presentation by a male and female defense attorney. The authors believe actual differences predicated upon a feminist methodology or approach are gender neutral. An awareness by an individual of what has been termed "feminist" controls actual methodology. For a more comprehensive discussion of feminist legal method or methodology, see generally Bartlett, Feminist Legal Methods, 103 Harv. L. Rev. 829 (1990); C. MacKinnon, Feminism Unmodified: Discourses on Life and Law (1987).
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
Scholarly Works
No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often examine …
Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch
Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Preventive Law And The Legal Autopsy: For Legal Profession As A Whole, It's A Learning And Research Tool, Robert M. Hardaway
Preventive Law And The Legal Autopsy: For Legal Profession As A Whole, It's A Learning And Research Tool, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
The legal autopsy can be a careful learning and research tool, not only for the individual practitioner, but for the legal profession as a whole. A complete (or "horizontal") autopsy which includes an investigation of both sides of a case can be expensive and time-consuming to prepare. In many cases, practical consideration may dictate a more limited (or "vertical")-but also useful-autopsy investigating only one side of the case.
The Relationship Between Plaintiff Sucess Rates Before Trial And At Trial, Theodore Eisenberg
The Relationship Between Plaintiff Sucess Rates Before Trial And At Trial, Theodore Eisenberg
Cornell Law Faculty Publications
Legal cases that reach trial are a biased subset of underlying disputes. This makes it difficult to study the legal system by observing tried cases. This paper examines the relationship between plaintiff success at pretrial motion and trial stages across many categories of cases. The large, significant positive relationship between plaintiff success rates at these two procedural stages suggests that characteristics of case categories influence outcomes at both stages. Observers of a category of tried cases or cases resolved by motion can make informed judgments about how that category of cases fares at the other procedural stage.
Citizen Comprehension Of Difficult Issues: Lessons From Civil Jury Trials, Joe S. Cecil, Valerie P. Hans, Elizabeth C. Wiggins
Citizen Comprehension Of Difficult Issues: Lessons From Civil Jury Trials, Joe S. Cecil, Valerie P. Hans, Elizabeth C. Wiggins
Cornell Law Faculty Publications
Lay participation in debates concerning public policies is a touchstone of a democracy. The Constitution enshrines this value not only by providing for a system of elected representatives, but also by recognizing the right to trial by jury. When a democratic society seeks to impose the rigors of the law on an individual, it must justify those standards to a panel of citizens and allow the austere expression of the law to become infused with the values of the community. Through this process, the vision of justice shared by members of the community informs the dialogue of adjudication.
The increasing …
The First Amendment In Litigation: The Law Of The First Amendment, Robert Allen Sedler
The First Amendment In Litigation: The Law Of The First Amendment, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Der Sachverständige In Patentrechtsstreitigkeiten In Den Usa Und Deutschland (The Expert In U.S. And German Patent Litigation), James Maxeiner
Der Sachverständige In Patentrechtsstreitigkeiten In Den Usa Und Deutschland (The Expert In U.S. And German Patent Litigation), James Maxeiner
All Faculty Scholarship
Ob in Deutschland oder in den Vereinigten Staaten, der Sachverstaendige spielt haeufig eine entscheidende Rolle in einem Patentrechtsstreit. Die Erforschung der Tatsachen wie auch die Anwendung des Rechts erfordern oft ein technisches Verstaendnis, das nur ein Experte liefern kann. Das Problem, wie diese Informationen demjenigen, der das Urteil faellen muss, nahegebracht werden koennen, stellt sich in beiden Systemen gleichermassen. Allerdings sind die Rolle des Sachverstaendigen und die Art, wie diese Informationen uebertragen werden, hier und dort so verschieden, dass deutsche Juristen schwere Enttaeuschungen, wenn nicht sogar empfindliche Niederlagen befuerchten muessen, wenn sie ihre Vorstellungen und Erfahrungen auf den amerikanischen Prozess …
Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias
Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias
Law Faculty Publications
The United States Supreme Court promulgated the 1983 amendments to the Federal Rules of Civil Procedure out of growing concern about abuse of the civil litigation process. The most controversial aspect of the implementation of these revisions has been judicial enforcement of amended Rule 11 (the Rule) in ways that disadvantage or "chill" civil rights plaintiffs and attorneys. As the federal judiciary enters its eighth year of implementing the Rule, courts apparently have improved their application of it by becoming more solicitous of the needs of civil rights plaintiffs and their counsel, in recognition of the important social function that …
Special Problems In Civil Procedure - Complex Litigation, Francis H. Hare Jr., Judge Robert M. Parker, Gerald A. Connell, Mary Kay Kane
Special Problems In Civil Procedure - Complex Litigation, Francis H. Hare Jr., Judge Robert M. Parker, Gerald A. Connell, Mary Kay Kane
University of Richmond Law Review Symposium
"Organization and Presentation of a Complex Case" lecture given by Francis H. Hare Jr., a partner in the law firm of Hare, Wynn, Newell & Newton, in Birmingham, Alabama.
"Judicial Management of Complex Cases" lecture given by the Honorable Robert M. Parker, Chief Judge of the United States District Court for the Eastern District of Texas.
"Complex Litigation in the Public Sector" lecture given by Gerald A. Connell, a member of the firm of Baker & Hostetler, in Washington, D.C.
"The Future of Complex Litigation" lecture given by Mary Kay Kane, academic dean and Professor of Law at Hastings College …
New York Civil Practice, Jay C. Carlisle
New York Civil Practice, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
During the Survey year, the New York Court of Appeals issued important opinions with respect to strict compliance for service of process, the foreign object exception under CPLR 214-a, and disclosure against corporate employees. The Court also imposed sanctions for the first time under Part 130 of the Uniform Rules, and ruled that issue preclusion could be given to a criminal conviction to preclude subsequent civil litigation. In addition the Court recognized that substituted service could be used against a criminal contemnor. New York appellate courts issued instructive decisions regarding long-arm jurisdiction, forum non conveniens, and discovery of surveillance videos. …
Litigation, E. D'Angelo
Damages For Loss Of The Enjoyment Of Life, 24 J. Marshall L. Rev. 423 (1991), John Dwight Ingram
Damages For Loss Of The Enjoyment Of Life, 24 J. Marshall L. Rev. 423 (1991), John Dwight Ingram
UIC Law Review
No abstract provided.
Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis
Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis
UIC Law Review
No abstract provided.
Privity, Products Liability, And Ucc Warranties: A Retrospect Of And Prospects For Illinois Commercial Code 2-318, 25 J. Marshall L. Rev. 177 (1991), Steven Bonanno
UIC Law Review
No abstract provided.
The Expert In U.S. And German Patent Litigation, James Maxeiner
The Expert In U.S. And German Patent Litigation, James Maxeiner
All Faculty Scholarship
The expert often plays a crucial role in patent litigation in both Germany and the United States. Determination of facts and application of law to facts frequently require a technical understanding that only an expert can provide. Despite the similarity of the problem of conveying information to the decision-maker, the role of the expert in the two systems and the manner in which the problem of providing technical knowledge necessary for the decision is solved are so very different, that German jurists who transfer their German experiences and expectations over to US procedures, are in danger of experiencing great disappointment …
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.