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Articles 1 - 30 of 35
Full-Text Articles in Law
Warning Defect: Origins, Policies, And Directions, Robert E. Keeton
Warning Defect: Origins, Policies, And Directions, Robert E. Keeton
University of Michigan Journal of Law Reform
On a spectrum from the polar extreme of generality to the opposite pole of specificity, "What should warnings say?" is near the extreme in its degree of generality. A question phrased this way invites a correspondingly generic response. Such a response is not very useful to the trial judge and lawyers who regularly must fashion clear explanations on the law of warning defect for layperson juries. As used here, this question is not intended as a signal inviting just any kind of response that might be acceptable under the mores of casual conversation. It is a more serious request for …
Property Rights, Reliance, And Retroactivity Under The Communications Act Of 1934, William L. Fishman
Property Rights, Reliance, And Retroactivity Under The Communications Act Of 1934, William L. Fishman
Federal Communications Law Journal
Although the FCC and courts have concluded that licensees have certain property interests in their licenses, they do not acquire any ownership interests even when, via a spectrum auction, they pay for their licenses. What narrow property interests licensees maintain are limited, and the FCC has broad power to modify existing licenses if doing so is in the public interest. License owners have sought to limit or defeat otherwise lawful FCC actions to alter their licenses by asserting a reliance interest on prior agency action or policy. Licensees may find comfort in the fact that some courts have acknowledged these …
Class Action Law In Georgia: Emerging Trends In Litigation, Certification, And Settlement, Jeffrey G. Casurella, John R. Bevis
Class Action Law In Georgia: Emerging Trends In Litigation, Certification, And Settlement, Jeffrey G. Casurella, John R. Bevis
Mercer Law Review
In the litigation world, few words trigger more attention and more debate than the term "class action." At the term's first appearance, the playing field is set. Plaintiffs urge that class actions are a necessary vehicle to litigate paltry and duplicitous claims otherwise inconvenient or uneconomical to prosecute. In response, defendants argue class actions constitute an abuse complicated by individuality and unmanageability. Rarely do the parties agree to the utility of class actions. Notwithstanding this classic disagreement, this type of litigation serves a useful purpose, filling a vacuum left otherwise empty when legislatures fail to legislate and attorneys general fail …
Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell
Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell
Mercer Law Review
The most interesting and significant developments in the area of trial practice and procedure during the survey period came not from Georgia's appellate courts but from the Georgia General Assembly. This Article will first analyze the significant legislation that came from beneath the gold dome in 1997. It will then review the most significant appellate cases.
Rescuing Multidistrict Litigation From The Altar Of Expediency, Carter G. Phillips, Gene C. Schaerr, Anil K. Abraham
Rescuing Multidistrict Litigation From The Altar Of Expediency, Carter G. Phillips, Gene C. Schaerr, Anil K. Abraham
BYU Law Review
No abstract provided.
The Garbage Smuggling Case: Judgment Of Division One Of The Shanghai Municipal Intermediate Level People's Court January 13, 1997, Janice Wingo
Washington International Law Journal
The American press has reported on the arrest and trial of William Ping Chen for the importation of garbage into China, alleging that he is a pawn in Sino-American relations. Whatever the political background, the decision of the Shanghai Municipal Intermediate Level People's Court shows that this case was decided according to established rules of law.
Trial Practice And Procedure, Philip W. Savrin
Trial Practice And Procedure, Philip W. Savrin
Mercer Law Review
This Article surveys the 1996 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.
Appellate Practice And Procedure, Lawrence A. Slovensky
Appellate Practice And Procedure, Lawrence A. Slovensky
Mercer Law Review
The United States Court of Appeals for the Eleventh Circuit decided several cases during 1996 which represented significant additions or modifications to the law governing appellate practice and procedure in this circuit. For example, the court attempted to clarify the circumstances in which interlocutory collateral orders involving the qualified immunity defense can be appealed, announced a new definition for "excusable neglect" in determining whether an untimely notice of appeal can be allowed, and analyzed the use of the harmless error rule in instructional omission cases. This Article will survey developments in appellate practice and procedure in the Court of Appeals …
The Theory Of Fee Regulation In Class Action Settlements , Bruce L. Hay
The Theory Of Fee Regulation In Class Action Settlements , Bruce L. Hay
American University Law Review
No abstract provided.
Awarding Attorney's Fees To Pro Se Litigants Under Rule 11, Jeremy D. Spector
Awarding Attorney's Fees To Pro Se Litigants Under Rule 11, Jeremy D. Spector
Michigan Law Review
Among the myriad rules and statutes designed to curb litigation abuse, Rule 11 of the Federal Rules of Civil Procedure ("FRCP") is "the most widely used and most controversial of the sanctions rules." The increased use of Rule ll during the last fifteen years and the recent proliferation of fee-shifting provisions in federal statutes4 have led to an onslaught of motions for attorney's fees in the federal district courts. Simultaneously, these courts are seeing an increasing number of pro se litigants appear before them. The confluence of these two trends has produced the seemingly paradoxical result of pro se parties …
The Virginia Beach Quest For Water: Drowning In A Sea Of Litigation, Richard T. Probst
The Virginia Beach Quest For Water: Drowning In A Sea Of Litigation, Richard T. Probst
Brigham Young University Journal of Public Law
No abstract provided.
Tobacco Litigation: Medicaid Third Party Liability And Claims For Restitution, Cliff Sherrill
Tobacco Litigation: Medicaid Third Party Liability And Claims For Restitution, Cliff Sherrill
University of Arkansas at Little Rock Law Review
No abstract provided.
Do You Feel The Sunshine? Government In The Sunshine Act: Its Objectives, Goals, And Effect On The Fcc And You, Kathy Bradley
Do You Feel The Sunshine? Government In The Sunshine Act: Its Objectives, Goals, And Effect On The Fcc And You, Kathy Bradley
Federal Communications Law Journal
This Note posits that the Sunshine Act should be narrowed to allow the FCC to operate in the same way as Congress and the Federal courts. The FCC should be allowed to engage in open and frank discussion of issues facing the Commission without rigid restrictions on collegial conversation between Commission members.
Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn
Representing Race Outside Of Explicitly Racialized Contexts, Naomi R. Cahn
Michigan Law Review
Welfare "as we know it" ended in 1996, a victim of a conservatism that views welfare recipients as lazy and immoral. One aspect of welfare that is, however, unlikely to experience radical change is child support. More vigorous child support enforcement has become an increasingly important component of federal welfare reform bills over the past two decades because of the twin hopes of fiscal and parental responsibility: first, that child support will reimburse welfare costs, and second, that fathers will take more responsibility for their children. Child support programs within the welfare system perpetuate a negative perception of poor people. …
Trial Procedure—An Analysis Of Arkansas's Exceptional Treatment Of The Contemporaneous Objection Rule In Criminal Bench Trials. Strickland V. State, 322 Ark. 312, 909 S.W.2d 318 (1995)., Dale D. Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel
Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel
Michigan Journal of Gender & Law
In Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996), a case of first impression, the Seventh Circuit Court of Appeals recognized the constitutional right of a gay male public school student to equal protection from anti-gay harassment and assaults. The court held that Jamie Nabozny had stated equal protection claims against his school district and three school principals for gender and sexual orientation discrimination based on allegations that, because he is gay and a boy, defendants had failed to afford him the same kinds of protection given to other harassed students. At trial on remand a jury found …
Shannon Faulkner And The Citadel: The Effects Of Using Litigation As An Instrument Of Social Reform, Becky Hoover Hernstein
Shannon Faulkner And The Citadel: The Effects Of Using Litigation As An Instrument Of Social Reform, Becky Hoover Hernstein
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
The Scientological Defenestration Of Choice-Of-Law Doctrines For Publication Torts On The Internet, 15 J. Marshall J. Computer & Info. L. 361 (1997), Christopher P. Beall
The Scientological Defenestration Of Choice-Of-Law Doctrines For Publication Torts On The Internet, 15 J. Marshall J. Computer & Info. L. 361 (1997), Christopher P. Beall
UIC John Marshall Journal of Information Technology & Privacy Law
Two major doctrines exist for choosing which state's law applies to an interstate tort: the "lex loci deliciti" (the law of the place of the wrong) approach and the "most significant relationship" approach. In the context of the Internet, the "lex loci deliciti" approach has been criticized for its harshness. For example, it is possible for an e-mail posting to be non-actionable where written, but actionable where read. Likewise, the "most significant relationship" approach has been criticized for its indeterminacy and lack of predictability because the outcome as to the extent of liability for a publication tort on the Internet …
Warning! The Manufacturer Of This Product May Have Engaged In Cover-Ups, Lies, And Concealment: Making The Case For Limitless Punitive Awards In Product Liability Lawsuits, Cynthia R. Mabry
Indiana Law Journal
No abstract provided.
Section 1983 In The Second Circuit, Honorable George C. Pratt
Section 1983 In The Second Circuit, Honorable George C. Pratt
Touro Law Review
No abstract provided.
How U.S. Procedure Skews Tort Law Incentives, Jonathan T. Molot
How U.S. Procedure Skews Tort Law Incentives, Jonathan T. Molot
Indiana Law Journal
No abstract provided.
Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler
Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler
UIC Law Review
No abstract provided.
No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton
No More Excuses: Closing The Door On The Voluntary Intoxication Defense, 30 J. Marshall L. Rev. 535 (1997), Chad J. Layton
UIC Law Review
No abstract provided.
Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold
Race-Based Jury Nullification: Rebuttal (Part A), 30 J. Marshall L. Rev. 923 (1997), Andrew D. Leipold
UIC Law Review
No abstract provided.
Race-Based Jury Nullification: Rebuttal (Part B), 30 J. Marshall L. Rev. 929 (1997), Charles P. Kocoras
Race-Based Jury Nullification: Rebuttal (Part B), 30 J. Marshall L. Rev. 929 (1997), Charles P. Kocoras
UIC Law Review
No abstract provided.
An Analysis Of People, For Michigan Republic, Ex Rel V. State Of Michigan, 30 J. Marshall L. Rev. 937 (1997), Phillip A. Hendges
An Analysis Of People, For Michigan Republic, Ex Rel V. State Of Michigan, 30 J. Marshall L. Rev. 937 (1997), Phillip A. Hendges
UIC Law Review
No abstract provided.
United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa
United States, Puerto Rico, And The Territorial Incorporation Doctrine: Reaching A Century Of Constitutional Authoritarianism, 31 J. Marshall L. Rev. 55 (1997), Gabriel A. Terrasa
UIC Law Review
No abstract provided.
Down And Dirty In The Global Village: Jack Webb's Guide To International Commercial Litigation, Jeffrey W. Stempel
Down And Dirty In The Global Village: Jack Webb's Guide To International Commercial Litigation, Jeffrey W. Stempel
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Short Happy Life Of Litigation Between Tortfeasors: Contribution, Indemnification And Subrogation After Washington's Tort Reform Acts, Stewart A. Estes
The Short Happy Life Of Litigation Between Tortfeasors: Contribution, Indemnification And Subrogation After Washington's Tort Reform Acts, Stewart A. Estes
Seattle University Law Review
Section I summarizes the history and development of tort law in Washington, with an emphasis on the impact of the 1981 and 1986 Tort Reform Acts and their imperfect union. Section II outlines the traditional equitable remedies that are potentially available to a tortfeasor seeking reimbursement for having paid more than its share. Section III sets out the thesis and explains why under current law a tortfeasor's suit for reimbursement should be the exception, not the rule. The need, and the basis, for such litigation is dependent upon the existence of joint and several liability-which now occurs only infrequently.
Section 1983 Litigation, Martin A. Schwartz