Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Cornell University Law School (10)
- University of Michigan Law School (8)
- American University Washington College of Law (5)
- SelectedWorks (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
-
- UIC School of Law (3)
- Brigham Young University Law School (2)
- Brooklyn Law School (2)
- Cleveland State University (2)
- Mercer University School of Law (2)
- University of Colorado Law School (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Vanderbilt University Law School (2)
- Case Western Reserve University School of Law (1)
- Georgetown University Law Center (1)
- Maurer School of Law: Indiana University (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- Seattle University School of Law (1)
- St. John's University School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Cincinnati College of Law (1)
- University of Denver (1)
- University of Maryland Francis King Carey School of Law (1)
- University of New Mexico (1)
- University of Pennsylvania Carey Law School (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Litigation (7)
- Class actions (5)
- Federal Rules of Civil Procedure (4)
- Jurisdiction (4)
- Caseloads (3)
-
- Federal courts (3)
- ADR (2)
- ADR Scholarship (2)
- Dispute resolution (2)
- Inc. (2)
- Juries (2)
- Jury trial (2)
- Law reform (2)
- Legal ethics (2)
- Michigan (2)
- New York State (2)
- Practice and Procedure (2)
- Rulemaking (2)
- Settlements (2)
- Supreme Court (2)
- Access to justice (1)
- Access to the courts (1)
- Adaptation (1)
- Adhesion (1)
- Administrative Office of the United States Courts (1)
- After- Acquired Evidence (1)
- Aggravated harassment (1)
- Alienage jurisdiction (1)
- Alternative Dispute Resolution (1)
- American adjudication (1)
- Publication
-
- Cornell Law Faculty Publications (10)
- American University Journal of Gender, Social Policy & the Law (3)
- Articles (3)
- Publications (3)
- Scholarly Works (3)
-
- UIC Law Review (3)
- American University Law Review (2)
- BYU Law Review (2)
- Faculty Publications (2)
- Faculty Scholarship (2)
- Law Faculty Articles and Essays (2)
- Mercer Law Review (2)
- Michigan Law Review (2)
- Touro Law Review (2)
- Vanderbilt Journal of Transnational Law (2)
- All Faculty Scholarship (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles and Other Publications (1)
- Federal Communications Law Journal (1)
- Gabriel Martinez Medrano (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Maryland Law Review (1)
- Michigan Journal of Gender & Law (1)
- Michigan Journal of International Law (1)
- Michigan Journal of Race and Law (1)
- Nancy Levit (1)
- Osgoode Hall Law Journal (1)
- Prof. Elizabeth Burleson (1)
- Seattle University Law Review (1)
- Sturm College of Law: Faculty Scholarship (1)
- Publication Type
Articles 31 - 60 of 60
Full-Text Articles in Law
Legislative Development, The Attorney Accountability Act: A Case Study Of The Complexities Of Incentive-Based Legal Reform, Jamie S. Henikoff, Scott R. Peppet
Legislative Development, The Attorney Accountability Act: A Case Study Of The Complexities Of Incentive-Based Legal Reform, Jamie S. Henikoff, Scott R. Peppet
Publications
No abstract provided.
Michigan's Proposed Prenatal Protection Act: Undermining A Woman's Right To An Abortion, Mark S. Kende
Michigan's Proposed Prenatal Protection Act: Undermining A Woman's Right To An Abortion, Mark S. Kende
American University Journal of Gender, Social Policy & the Law
No abstract provided.
From The Couch To The Bench: How Should The Legal System Respond To Recovered Memories Of Childhood Sexual Abuse?, Wendy J. Kisch
From The Couch To The Bench: How Should The Legal System Respond To Recovered Memories Of Childhood Sexual Abuse?, Wendy J. Kisch
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Culture And Mediation: A Red Herring, Cynthia A. Savage
Culture And Mediation: A Red Herring, Cynthia A. Savage
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand
Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand
Michigan Journal of Race and Law
This Article examines avenues of redress and pollution prevention for impoverished people of color that flow from Title VI litigation strategies within the larger context of the environmental justice movement. Environmental justice issues can serve as tools with which to question status quo distributive policymaking processes and outcomes. Specifically, this Article concerns itself with practical routes toward increasing distributive justice and democratic efficacy.
Litigation Outcomes In State And Federal Courts: A Statistical Portrait, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman
Litigation Outcomes In State And Federal Courts: A Statistical Portrait, Theodore Eisenberg, John Goerdt, Brian Ostrom, David Rottman
Seattle University Law Review
"U.S. Juries Grow Tougher on Plaintiffs in Lawsuits," the New York Times page-one headline reads. The story details how, in 1992, plaintiffs won 52 percent of the personal injury cases decided by jury verdicts, a decline from the 63 percent plaintiff success rate in 1989. The sound-byte explanations follow, including the notion that juries have learned that they, as part of the general population, ultimately pay the costs of high verdicts. Similar stories, reporting both increases and decreases in jury award levels, regularly make headlines. Jury Verdict Research, Inc. (JVR), a commercial service that sells case outcome information, often is …
Another Early Chapter: Attorney Malpractice And The Trial Within A Trial: Time For A Change, 19 J. Marshall L. Rev. 275 (1986), Donald G. Weiland
Another Early Chapter: Attorney Malpractice And The Trial Within A Trial: Time For A Change, 19 J. Marshall L. Rev. 275 (1986), Donald G. Weiland
UIC Law Review
No abstract provided.
Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Robert L. Haig
Can New York's New Commercial Division Resolve Business Disputes As Well As Anyone?, Robert L. Haig
Touro Law Review
No abstract provided.
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Rights And Freedoms Under The State Constitution: A New Deal For Welfare Rights, Sandra M. Stevenson, Eve Cary, Mary Falk, Helen Hershkoff, Robert A. Heverly
Touro Law Review
No abstract provided.
Extra-Statutory Discovery Requirements: Violating The Twin Purposes Of 28 U.S.C. Section 1782, Christopher W. Sanzone
Extra-Statutory Discovery Requirements: Violating The Twin Purposes Of 28 U.S.C. Section 1782, Christopher W. Sanzone
Vanderbilt Journal of Transnational Law
This Note analyzes Section 1782 of United States Code Chapter 28 and its role in the realm of international judicial assistance. The twin aims of Section 1782 are: (1) to provide efficient means of assistance to participants in foreign litigation, and (2) to encourage foreign countries by example to provide similar assistance to U.S. litigants in court. This Note posits that these goals are violated when a district court, considering a request for documents, imposes a threshold, extra-statutory requirement that the material requested be discoverable in the foreign jurisdiction where the litigation is pending.
After analyzing the legislative history of …
Conflicts And The Federal Circuit, 29 J. Marshall L. Rev. 835 (1996), Glenn L. Archer Jr.
Conflicts And The Federal Circuit, 29 J. Marshall L. Rev. 835 (1996), Glenn L. Archer Jr.
UIC Law Review
No abstract provided.
To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard
To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard
UIC Law Review
No abstract provided.
America's Civil Justice Dilemma: The Prospects For Reform, Dick Thornburgh
America's Civil Justice Dilemma: The Prospects For Reform, Dick Thornburgh
Maryland Law Review
No abstract provided.
The Pentium Papers: A Case Study Of Collective Institutional Investor Activism In Litigation, Joseph A. Grundfest, Michael A. Perino
The Pentium Papers: A Case Study Of Collective Institutional Investor Activism In Litigation, Joseph A. Grundfest, Michael A. Perino
Faculty Publications
This article suggests that institutional investors have rational incentives to become more active in the litigation arena, but that the current debate is falsely constrained because it rests on the assumption that institutional investors must participate either by (1) assuming the formal role of lead plaintiff, class representative, or intervenor or, (2) not participating at all. This is a false dichotomy because, as this article demonstrates, institutions have available to them a rich array of flexible, informal, and relatively inexpensive mechanisms by which they can make their views known to litigants and courts alike.
Our hypothesis that institutional investor activism …
"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fanning
"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fanning
Vanderbilt Journal of Transnational Law
The authors analyze the 1994 Japanese products liability law from a national-culture perspective. After examining the historical backdrop of the consumer's social role in both the United States and Japan, the authors argue that the new law cannot create a strict liability system like that of the United States in Japan, because the unique Japanese cultural context and its manipulation discourage the use of the legal process to advance consumer interests.
What's Wrong With This Picture?: Rule Interpleader, The Anti-Injunction Act, In Personam Jurisdiction, And M.C. Escher, Donald L. Doernberg
What's Wrong With This Picture?: Rule Interpleader, The Anti-Injunction Act, In Personam Jurisdiction, And M.C. Escher, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
The effectiveness of interpleader depends upon the availability of injunctions against other proceedings. There is no congressional authorization of such injunctions for rule interpleader cases. If interpleader were an in rem action, one of the other exceptions to the Anti-Injunction Act might save the day, but the Supreme Court has apparently foreclosed that option. This article examines that three-sided conflict. Part II discusses the problem in greater depth, focusing first on how interpleader functions and why it depends on being “the only game in town.” Part II next addresses the background and interpretation of the Anti-Injunction Act, exploring particularly the …
The Political Theory Of The Class Action, Owen M. Fiss
The Political Theory Of The Class Action, Owen M. Fiss
Washington and Lee Law Review
No abstract provided.
Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek
Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek
Michigan Journal of International Law
To provide helpful assistance to other nations currently in pursuit of civil process reform, this Article introduces a model of civil justice modernization developed through a functional and systemic approach. Addressing the common weaknesses of many other reform efforts, this approach is first motivated by the conviction that process modernization is a necessary component of effective substantive legal reform. Second, in its critical assessment of the problems and its creative recommendations for reform, this Article integrates the design of procedural, institutional, and professional development measures, without requiring large investments of unavailable financial resources. Third, the Article presents a long-term and …
Section 1983 Litigation, Martin A. Schwartz
Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel
Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel
Scholarly Works
Like any trend, ADR has its skeptics and even some opponents. Considerable debate exists regarding the degree to which the increasing ADRization of traditionally judicial activity amounts to triumph or tragedy, a point well-illustrated by the past Schwartz Lectures. In the 1993 Schwartz Lecture, Professor Laura Nader described the ADR movement as a byproduct of society's attempt to suppress or conceal uncomfortable conflicts. In the 1994 Lecture, Professor Judith Resnik essentially concluded that the modern ADR movement has brought a regrettable de facto closing of the court house (or at least raised barriers to entry) and replaced reflective decision-making about …
Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel
Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel
Scholarly Works
The Seventh Amendment to the Constitution preserves for litigants a right to a jury trial in actions at law. The right to a jury trial does not attach for equitable actions, but in cases presenting claims for both legal and equitable relief a right to a jury trial exists for common questions of fact. Although many modern statutes and claims did not exist in 1791, the Amendment has been interpreted to require a jury trial of statutory claims seeking monetary damages, the classic form of legal relief, so long as there is a relatively apt analogy between the modern statutory …
Don't Try: Civil Jury Verdicts In A System Geared To Settlement, Samuel R. Gross, Kent D. Syverud
Don't Try: Civil Jury Verdicts In A System Geared To Settlement, Samuel R. Gross, Kent D. Syverud
Articles
If it is true, as we often hear, that we are one of the most litigious societies on earth, it is because of our propensity to sue, not our affinity for trials. Of the hundreds of thousands of civil lawsuits that are filed each year in America, the great majority are settled; of those that are not settled, most are ultimately dismissed by the plaintiffs or by the courts; only a few percent are tried to a jury or a judge. This is no accident. We prefer settlements and have designed a system of civil justice that embodies and expresses …
Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold
Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold
Articles
In 1992, when the University of California's Hastings College of Law decided to offer a live-client clinic for the first time, its newly hired director had to make several decisions about what form the program should take.1 The first question for the director was whether the clinic should be a single-issue specialty clinic or a general clinic that would represent clients across several areas of the law. The second question, and the one that will be the focus of this essay, was whether the program should restrict its caseload to "easy" routine cases or also accept non-routine, less controllable litigation. …
Class Action Rule Changes: A Midpoint Report, Edward H. Cooper
Class Action Rule Changes: A Midpoint Report, Edward H. Cooper
Articles
This a midpoint progress report of the Reporter on current proposals to amend the class action rule, Rule 23 of the Federal Rules of Civil Procedure. In part, it is one of many calls for help. The proposed amendments have been published for comment. It is important that the rulemakers hear from as many interested observers as possible. One of the pitfalls of the comment process - at least one of the pitfalls that the rulemakers like to believe in - is that there are many observers who believe that the rulemakers have got it right, and do not need …
The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman
The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman
Faculty Publications
No abstract provided.
"Loser Pays" Loses Again, Susan J. Becker
"Loser Pays" Loses Again, Susan J. Becker
Law Faculty Articles and Essays
The most recent congressional attempts to mandate "loser pays" rules for attorneys' fees in many federal civil cases have lost out--at least for the time being--but the push for such legislation has prompted the ABA to adopt a "loser pays" proposal of its own.
An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk
An Analysis Of Fee Shifting Based On The Margin Of Victory: On Frivolous Suints, Meritorious Suits, And The Role Of Rule 11, Howard F. Chang, Lucian A. Bebchuk
All Faculty Scholarship
When plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule (each litigant bears its own litigation expenses) nor the British rule (the losing litigant pays the attorneys' fees of the winning litigant) would induce optimal decisions to bring suit. Plaintiffs may bring frivolous suits when litigation costs are small relative to the amount at stake; plaintiffs may not bring meritorious suits when litigation costs are large relative to this amount. More general fee-shifting rules are based not only on the identity of the winning party but also on how strong the court perceives the case to …
Representing The Unrepresented In Class Action Settlements, Brian Wolfman
Representing The Unrepresented In Class Action Settlements, Brian Wolfman
Georgetown Law Faculty Publications and Other Works
Class actions are important and useful both to deter wrongful conduct and to provide compensation for injured plaintiffs. In complex cases, however, the existing class action structure falters. In this article, Messrs. Wolfman and Morrison argue that in "settlement class actions" the current class action rules do not adequately protect class members whose interests do not coincide with those of the class representatives and the class attorneys. Through a survey of recent, prominent settlement class actions, the authors show that the current system does not fairly treat subgroups in a class with respect to matters as diverse as future injury, …
In-Kind Class Action Settlements, Scott R. Peppet
Attempted Cap On Punitive Damages Continues To Spark Debate, Susan J. Becker
Attempted Cap On Punitive Damages Continues To Spark Debate, Susan J. Becker
Law Faculty Articles and Essays
The debate surrounding federal product liability law has not been silenced by recent compromises reached by the House and Senate regarding appropriate boundaries for such laws. To the contrary, President Clinton's threatened veto of Congress's Common Sense Product Liability Reform Act of 1996 and continued opposition by the ABA Section of Litigation and other groups to parts of the Act guarantee that the 20-year-old debate will continue to rage.