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Articles 1 - 6 of 6
Full-Text Articles in Law
Supreme Court Revises Amicus Rules, Susan J. Becker
Supreme Court Revises Amicus Rules, Susan J. Becker
Law Faculty Articles and Essays
Last year the U.S. Supreme Court and the Seventh Circuit both reacted against the growing use of "friend of the court" briefs to advocate litigants' positions rather than to assist the court. Now several federal and state appellate courts are reviewing their rules on amicus submissions because of their own experiences and the Supreme Court and Seventh Circuit actions.
Will New Legislation Preempt State Court Class Actions?, Susan J. Becker
Will New Legislation Preempt State Court Class Actions?, Susan J. Becker
Law Faculty Articles and Essays
Proponents of 1995's federal securities litigation reform are proposing new legislation to prevent plaintiffs from using state court class actions to circumvent the restrictive federal rules. This article reviews these legislative proposals.
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Law Faculty Articles and Essays
Former employees can maintain claims under the Age Discrimination in Employment Act (ADEA) without first repaying the consideration received for an invalid release of claims. The Supreme Court's pronouncement, Oubre v. Entergy Operations, Inc., 1988 U.S. Lexis 646 (Jan. 26, 1998), may change the way many employers negotiate and execute severance packages and settlements with terminated employees.
Courts' Evolving Roles In Daubert Decisions, Susan J. Becker
Courts' Evolving Roles In Daubert Decisions, Susan J. Becker
Law Faculty Articles and Essays
In Daubert, the Supreme Court interpreted Federal Rule of Evidence 702 to permit an arguably more-relaxed standard for the admission of expert scientific evidence than previously allowed under the popular Frye test.
New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra
New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra
Cleveland State Law Review
This paper will explore the libel-proof plaintiff doctrine and examine it in light of traditional standing and jurisdictional principles. Part II of this paper discusses the origin of the libel-proof doctrine and its application. Part III explores the general requirements for diversity actions in the federal district courts, the application of state law to those actions, and the impact of the First Amendment on state libel law. Part IV discusses standing to sue principles and analyzes the libel-proof plaintiff doctrine in light of those principles. Part V discusses some criticisms of the libel-proof plaintiff doctrine. Finally, Part VI concludes that …
Will The Real Legislature Please Stand Up - A Response To Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Margaret M. Koesel, David A. Bell, Tracey L. Turnbull
Will The Real Legislature Please Stand Up - A Response To Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Margaret M. Koesel, David A. Bell, Tracey L. Turnbull
Cleveland State Law Review
This Article briefly traces the history of the employment-at-will doctrine from its origins in the English common law through the present. It also examines the exceptions to this doctrine that have arisen during the twentieth century and, in particular, the "public policy" exception. Next, the Article analyzes how Ohio courts have narrowed the at-will doctrine since 1990. The Article then examines the Kulch decision and responds to a recent article that favorably analyzes Kulch. Finally, the Article concludes that this case is improperly decided because it usurps the right of the legislature to establish public policy in statutes and because …