Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UIC School of Law (12)
- University of Michigan Law School (7)
- Cornell University Law School (6)
- Maurer School of Law: Indiana University (4)
- Mercer University School of Law (4)
-
- SelectedWorks (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Missouri School of Law (3)
- Brigham Young University Law School (2)
- Selected Works (2)
- The University of Akron (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Baltimore Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Pennsylvania Carey Law School (2)
- American University Washington College of Law (1)
- Brooklyn Law School (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- Pace University (1)
- Seattle University School of Law (1)
- St. John's University School of Law (1)
- University at Buffalo School of Law (1)
- University of Georgia School of Law (1)
- University of Washington School of Law (1)
- Vanderbilt University Law School (1)
- Wayne State University (1)
- Keyword
-
- Litigation (9)
- Juries (5)
- Supreme Court (4)
- Damages (3)
- Dispute resolution (3)
-
- Eleventh Amendment (3)
- Qualified immunity (3)
- Retaliation claims (3)
- Section 1983 (3)
- Settlements (3)
- Trials (3)
- California (2)
- Class Action (2)
- Class actions (2)
- Commercial Law/Tort Law (2)
- Discrimination (2)
- Due process (2)
- Empirical legal studies (2)
- Empirical studies (2)
- First Amendment (2)
- Lawyers (2)
- Martin Schwartz (2)
- Medical malpractice (2)
- Psychotherapist-patient privilege (2)
- State and local government (2)
- Tortious interference (2)
- Truth (2)
- Verdicts (2)
- 11th Amendment (1)
- ADA (1)
- Publication
-
- UIC Law Review (11)
- Cornell Law Faculty Publications (6)
- All Faculty Scholarship (4)
- Faculty Publications (4)
- Mercer Law Review (4)
-
- Scholarly Works (4)
- Articles (2)
- Faculty Scholarship (2)
- Federal Communications Law Journal (2)
- Indiana Law Journal (2)
- Michigan Law Review (2)
- Touro Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- Akron Law Faculty Publications (1)
- American University Law Review (1)
- BYU Law Review (1)
- Brigham Young University Journal of Public Law (1)
- Circles: Buffalo Women's Journal of Law and Social Policy (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Florida State University Journal of Transnational Law & Policy (1)
- Gabriel Martinez Medrano (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Ira Steven Nathenson (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Research Publications (1)
- Mark Spiegel (1)
- Michigan Journal of Gender & Law (1)
- Nancy Levit (1)
- Paul R. Tremblay (1)
- Reviews (1)
- Publication Type
Articles 31 - 60 of 70
Full-Text Articles in Law
Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler
Understanding The Establishment Clause: The Perspective Of Constitutional Litigation, Robert A. Sedler
Law Faculty Research Publications
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 …
Showdown At The Domain Name Corral: Property Rights And Personal Jurisdiction Over Squatters, Poachers And Other Parasites, Ira Nathenson
Showdown At The Domain Name Corral: Property Rights And Personal Jurisdiction Over Squatters, Poachers And Other Parasites, Ira Nathenson
Ira Steven Nathenson
This paper on domain names disputes has two main goals. The first is to analyze the principal points of litigation in domain name disputes, namely, personal jurisdiction and trademark liability. The second is to propose an analytic framework to better help resolve matters of jurisdiction and liability. Regarding personal jurisdiction, domain names are problematic because an internet site can be viewed almost anywhere, potentially subjecting the domain name owner to suit everywhere. For example, should a Florida domain name owner automatically be subject to suit in Alaska where the site can be viewed? If not, then where? Regarding liability, trademark …
Aplicaciones Paneuropeas De La Rdsi (Derecho De Telecomunicaciones En Europa), Gabriel Martinez Medrano
Aplicaciones Paneuropeas De La Rdsi (Derecho De Telecomunicaciones En Europa), Gabriel Martinez Medrano
Gabriel Martinez Medrano
Trabajo presentado para corresponder a Beca otorgada por Telefonica de España para el cursado del Master en Propiedad Industrial e Intelectual en la Universidad de Alicante en 1997.
If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs
If It Can't Be Lake Woebegone...A Nationwide Survey Of Law School Grading And Grade Normalization Practices, Nancy Levit, Robert Downs
Nancy Levit
This article explores various methods of grade normalization used by law schools. Based on a survey of 116 responding ABA accredited law schools, 84% have some form of grade normalization policy, and the trend is toward adoption of grade normalization. The survey assessed the types of normalization plans (distributional requirements, required means, required medians, set standard deviations, and informal policies), as well as the reasons schools have adopted such plans. It also inquired about methods for ensuring faculty compliance as well as justifications for departures from grade norms.
The article considers and responds to the arguments against grade normalization and …
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.
"And The Truth Shall Make You Free": Truth As A First Amendment Defense In Tortious Interference With Contract Cases, Robert L. Tucker
"And The Truth Shall Make You Free": Truth As A First Amendment Defense In Tortious Interference With Contract Cases, Robert L. Tucker
Robert L Tucker
No abstract provided.
Development Of An Early Identification And Response Model Of Malpractice Prevention, Ellen Wright Clayton, Gerald B. Hickson, James W. Pichert, Charles F. Federspiel
Development Of An Early Identification And Response Model Of Malpractice Prevention, Ellen Wright Clayton, Gerald B. Hickson, James W. Pichert, Charles F. Federspiel
Vanderbilt Law School Faculty Publications
The dramatic rise in the incidence of malpractice claims over the past thirty years has revealed several problems with the U.S. system of medical dispute resolution. First, the sudden and unexpected increase in claims has created an insurance crisis wherein various medical specialists have had difficulty obtaining affordable insurance coverage. One such crisis occurred in Florida in the mid-1980's, when an inability of many physicians to procure medical malpractice coverage caused some to limit or curtail their practice. This resulted in access problems for the public. This phenomenon has disproportionately befallen physicians practicing obstetric medicine. Second, besides contributing to periodic …
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.
Class Action Chaos? The Theory Of The Core And An Analysis Of Opt-Out Rights In Mass Tort Class Actions, Michael A. Perino
Class Action Chaos? The Theory Of The Core And An Analysis Of Opt-Out Rights In Mass Tort Class Actions, Michael A. Perino
Faculty Publications
From breast implants to cigarettes, mass tort class actions are a prominent and controversial part of the contemporary litigation landscape. A critical component of these actions is the ability of class members to “opt out” and thereby exclude themselves from the effect of any class judgment. The tension between individual autonomy and the desire for global resolution of mass controversies has led to an intense debate concerning the circumstances under which opt-out rights should be constrained, if at all.
This Article makes five distinct contributions to the class action literature. First, the Article applies the game theoretic concept of the …
"Countering Stereotypes." Review Of Medical Malpractice And The American Jury: Confronting The Myths About Jury Incompetence, Deep Pockets, And Outrageous Damage Awards, By N. Vidmar, Samuel R. Gross
Reviews
The story of The Medical Malpractice Trial has a place in popular American legal culture, somewhere on the shelf with Killers Who Got Off on Technicalities. The plot is simple and tragic. The protagonist is the Doctor, a good man with a flaw: He tries too hard. In the process, he makes an innocent mistake or believes he can prevent the unpreventable. In any event, he fails and the Patient dies or is permanently injured. For this unintentional error the Doctor is crucified, by the vengeful anger of the Patient or her survivors, the avarice of the plaintiffs' lawyer, the …
Beyond Formalism And False Dichotomies: The Need For Institutionalizing A Flexible Concept Of The Mediator's Role, Jeffrey W. Stempel
Beyond Formalism And False Dichotomies: The Need For Institutionalizing A Flexible Concept Of The Mediator's Role, Jeffrey W. Stempel
Scholarly Works
Related to the problem of the false dichotomy is the formalist application of the either/or construct. If, for example, one adopts as a first premise the view that mediation is by definition non-evaluative, and then rigidly applies this premise to issues of appropriate mediator behavior, the result is a formalist system that permits mediators little or no leeway to depart from the non-evaluative style. This sort of regulatory regimen may satisfy the non-evaluative ethos of some mediation scholars, but it does so at the risk of becoming a rigid system that prevents mediators from taking practical actions most appropriate to …
Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan
Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
First, this article will review the impetus and purposes for the Clean Water Act of 1972, including its citizen suit provision, particularly as these purposes relate to the elimination of specific harm or causation requirements in enforcement actions under its provisions. Second, this article will briefly review the basic elements of Article III standing requirements as enunciated by the Supreme Court, and the development of Supreme Court standing doctrine in environmental cases leading up to and including the Defenders of Wildlife decision. Then the article will survey the various approaches courts have taken in applying Article III standing doctrine to …
Section 1983 Litigation, Martin A. Schwartz
Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin M. Mika, Denise Wimbiscus
Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin M. Mika, Denise Wimbiscus
Law Faculty Articles and Essays
This article discusses the standards of the American with Disabilities Act with respect to accommodating mental illness in the workplace. It argues that the ADA definitions are not precise enough in apprising employers of what their obligations are regarding mentally ill persons in the workplace. It additionally suggests revising the statue and regulations to achieve this goal.
Section 1983 Litigation, Martin A. Schwartz
Scientific Testing & Proof Of Paternity: Some Controversy And Key Issues For Family Law Counsel, Christopher L. Blakesley
Scientific Testing & Proof Of Paternity: Some Controversy And Key Issues For Family Law Counsel, Christopher L. Blakesley
Scholarly Works
Blood and tissue testing, especially DNA matching, have become important elements of both criminal and paternity or maternity litigation. Such scientific testing has become so important that it has taken on aspects that may cause it to benefit or to do harm to the judicial process or to any given case. This article focuses on the value and the dangers surrounding this interesting subject.
The 1995 Louisiana Supreme Court decision in Pace v. State reemphasized the importance of DNA testing generally and the significance of blood and tissue genetic testing used to exclude paternity. The advances in and importance of …
Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch
Class Action Reform: Lessons From Securities Litigation, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Post-Verdict Interviews: The Key To Understanding The Decision Behind The Verdict, 30 J. Marshall L. Rev. 507 (1997), Christine J. Iversen
Post-Verdict Interviews: The Key To Understanding The Decision Behind The Verdict, 30 J. Marshall L. Rev. 507 (1997), Christine J. Iversen
UIC Law Review
No abstract provided.