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2000

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Articles 31 - 60 of 114

Full-Text Articles in Law

Plea Agreements: Progressing The Fight Against Crime Or Bribing Witnesses, Sheila Creaton Jan 2000

Plea Agreements: Progressing The Fight Against Crime Or Bribing Witnesses, Sheila Creaton

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Communication With Represented Persons: An Analysis Of The Scope Of Rule 4.2 Of The Massachusetts Rules Of Professional Conduct As It Applies To Corporations And Federal Prosecutors, Ashlie L. Ringel, Jan 2000

Communication With Represented Persons: An Analysis Of The Scope Of Rule 4.2 Of The Massachusetts Rules Of Professional Conduct As It Applies To Corporations And Federal Prosecutors, Ashlie L. Ringel,

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Court's Failure To Recognize Deportation As Punishment: A Critical Analysis Of Judicial Deference, Lisa Mendel Jan 2000

The Court's Failure To Recognize Deportation As Punishment: A Critical Analysis Of Judicial Deference, Lisa Mendel

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Governmental Benefits Conditioned On The Relinquishment Of Constitutional Rights, Victoria Rebecca Whelan Jan 2000

Governmental Benefits Conditioned On The Relinquishment Of Constitutional Rights, Victoria Rebecca Whelan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Appellate Advocacy As Adult Education, Christine Durham Jan 2000

Appellate Advocacy As Adult Education, Christine Durham

The Journal of Appellate Practice and Process

Judges must learn enough about every case in order to make competent rulings. An attorney may be a more effective appellate advocate is they think of themselves as teachers to judges.


Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis Jan 2000

Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis

The Journal of Appellate Practice and Process

The applicable standard of review determines how much deference an appellate court gives a lower court’s decision. Discretionary decisions are review under the “abuse of discretion” standard where the process the lower court used to reach its decision is scrutinized. Three scholars attempts to define this standard are first analyzed followed by cases that have molded the standard. Advice to practitioners concludes the article.


Disarray Among The Federal Circuits: Harmless Error Review Of Rule 11 Violations, Brent E. Newton Jan 2000

Disarray Among The Federal Circuits: Harmless Error Review Of Rule 11 Violations, Brent E. Newton

The Journal of Appellate Practice and Process

Federal Rule of Criminal Procedure 11 governs how a defendant must be counseled when pleading guilty or nolo contendre. Federal Courts of Appeals have held that violation of Rule 11 is harmless error. Since it is harmless error, the lower courts’ decisions are upheld. This article argues that the Federal Courts of Appeals have misapplied the harmless error standard when deciding Rule 11 issues.


The Pitfalls Of Replies, Jason Vail Jan 2000

The Pitfalls Of Replies, Jason Vail

The Journal of Appellate Practice and Process

A warning is given about the pitfalls of “last word disease.”


The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise Jan 2000

The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


Evidence: 1998-1999 Survey Of New York Law, Faust Rossi Jan 2000

Evidence: 1998-1999 Survey Of New York Law, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.


Armonizacion De La Propiedad Industrial En El Mercosur, Gabriel Martinez Medrano, Gabriela Soucasse Jan 2000

Armonizacion De La Propiedad Industrial En El Mercosur, Gabriel Martinez Medrano, Gabriela Soucasse

Gabriel Martinez Medrano

No abstract provided.


A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit Jan 2000

A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit

Nancy Levit

Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …


Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos Jan 2000

Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos

Richmond Journal of Law and the Public Interest

As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …


Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl W. Tobias Jan 2000

Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl W. Tobias

Law Faculty Publications

One decade ago, Congress undertook an ambitious, controversial effort to reduce expense and delay in the federal civil justice system. The Civil Justice Reform Act ("CJRA") of 1990 instituted unprecedented nationwide experimentation by requiring that all ninety-four federal district courts scrutinize their civil and criminal dockets and then promulgate and apply numerous procedures which district judges believed would save cost and time in civil litigation. Congress also prescribed rigorous assessment of the six principles, guidelines, and techniques of litigation management and expense and delay reduction that federal districts in fact adopted and enforced. Lawmakers provided for an expert, independent evaluator …


The Futures Problem, Geoffrey C. Hazard Jr. Jan 2000

The Futures Problem, Geoffrey C. Hazard Jr.

All Faculty Scholarship

Perhaps the most difficult problem in addressing mass torts is that of future claimants. "Futures" are those who do not now have claims, because injury has not been sufficiently manifested, but who may well have claims in the future. The Supreme Court's decisions in Amchem and Ortiz appear to have foredoomed any procedural mechanism by which to resolve future claims. This, in turn, will leave defendants in mass tort cases with greatly reduced incentives to participate in mass settlement. That implication makes the possibility of reforms in substantive law perhaps more attractive. In addition, these decisions invite further questions about …


Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint Jan 2000

Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint

Faculty Scholarship

The Minnesota Court of Appeals is dedicated to providingaffordable access to the appellate process. Access to theappellate process is central to our vision. In order to promote this vision, the Minnesota Court ofAppeals has taken the initiative to implement Interactive VideoTeleconferencing ("IVT"). This essay will discuss the historybehind this decision, the mechanics of its implementation, andthe benefits and challenges of its application to the appellateprocess.


Mock Trial Executive Board, 2000-2001, Kellie Casey Monk Jan 2000

Mock Trial Executive Board, 2000-2001, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.


Alternative Liability In Litigation Malpractice Actions: Eradicating The Last Resort Of Scoundrels, Lawrence W. Kessler Jan 2000

Alternative Liability In Litigation Malpractice Actions: Eradicating The Last Resort Of Scoundrels, Lawrence W. Kessler

San Diego Law Review

The legal malpractice tort, however, has managed to withstand the winds of legal change. Particularly crucial has been the refusal to apply alternative causation doctrines. The refusal to apply causation doctrines that have been embraced in other areas has significant social effects. As a result, the consumers of legal services receive less protection from the courts than do the consumers of products or medical services.


Toward More Sophisticated Mediation Theory, John M. Lande Jan 2000

Toward More Sophisticated Mediation Theory, John M. Lande

Faculty Publications

In the lead article in this symposium, Professor Jeffrey Stempel provides a very thoughtful analysis of the mediation field. He focuses on the debate over facilitative and evaluative mediation and he is critical of many of the arguments made by proponents of facilitative mediation. I have expressed some similar concerns, and I generally agree with his analysis (with a quibble here and there). I do think that the facilitation-evaluation debate has been productive (though admittedly wearisome), and that proponents of facilitative mediation deserve more credit than he gives them in his article.


Expert Qualifications: Traps For The Unwary, Paul C. Giannelli Jan 2000

Expert Qualifications: Traps For The Unwary, Paul C. Giannelli

Faculty Publications

No abstract provided.


Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos Jan 2000

Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos

Richmond Public Interest Law Review

As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …


John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller Jan 2000

John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller

UIC Law Review

No abstract provided.


Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger Jan 2000

Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger

UIC Law Review

No abstract provided.


The Scope Of 'High Crimes And Misdemeanors' After The Impeachment Of President Clinton, Neil J. Kinkopf Jan 2000

The Scope Of 'High Crimes And Misdemeanors' After The Impeachment Of President Clinton, Neil J. Kinkopf

Faculty Publications By Year

Constitutional theorists have begun focusing a great deal of attention on constitutionalism outside the judiciary. As Professor Neal Katyal points out in his insightful paper, the impeachment and trial of President Clinton provide an outstanding opportunity to reflect upon the practice of constitutionalism outside the courts. During these episodes, the House of Representatives and the Senate confronted numerous constitutional questions, but rarely resolved them on the basis of an identifiable construction of the Constitution's meaning. There is, however, at least one important question of constitutional interpretation that the House of Representatives must be understood to have resolved: the scope of …


Therapeutic Jurisprudence In The Appellate Arena—A Louisiana Jurist's Response, Sol Gothard Jan 2000

Therapeutic Jurisprudence In The Appellate Arena—A Louisiana Jurist's Response, Sol Gothard

Seattle University Law Review

Having recognized that there can be both therapeutic and antitherapeutic effects of judicial decisions, I would like to offer this consideration concerning the use of therapeutic jurisprudence in the appellate courts. In his Article, Therapeutic Jurisprudence in the Appellate Arena, David Wexler asks, "Does the ability to issue advisory opinions enhance a court's ability to create 'therapeutic' doctrines?" As a general rule, courts are not allowed to issue advisory opinions and there are strong reasons for such a prohibition.


Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee Jan 2000

Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee

Seattle University Law Review

Therapeutic jurisprudence has multiple possibilities, provided it does not add another layer of cost, delay, and time to the process. First, we should see "a reduced number of cases for the appellate court to decide, fewer remands and secondary appeals, the streamlining of appeals through partial resolution of issues, the satisfaction of parties' underlying needs and interests, and the reduction of the time a case spends on appeal." Second, the outcome does not have to become part of the case law that applies to similar cases, possibly establishing negative precedent. Third, mediation allows personal healing and the development of positive, …


Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo Jan 2000

Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo

Seattle University Law Review

This Article explores the establishment of mental health courts as a partial solution to the perplexing societal problem that relegates mentally ill offenders to a "revolving door" existence in and out of prisons and jails.This inescapable situation results from a paucity ofeffective humanitarian policies, laws, and procedures for treating such medically disordered defendants. The establishment of mental health specialty courts is investigated as a potential means of addressing the complex legal issues and psycho-sociological problems faced by the judicial system in dealing with mentally ill offenders.


Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White Jan 2000

Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White

Articles

In this Article, Professors Hanoch Dagan and James White study the most recent challenge raised by mass torts litigation: the interference of governments with the bilateral relationship between citizens and injurious industries. Using the tobacco settlement as their case study, Dagan and White explore the important benefits and the grave dangers of recognizing governments' entitlement to reimbursement for costs they have incurred in preventing or ameliorating their citizens' injuries. They further demonstrate that the current law can help capture these benefits and guard against the entailing risks, showing how subrogation law can serve as the legal foundation of the governments' …


Recent Case Developments, Jeffrey W. Stempel Jan 2000

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 1999 and 2000.


Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz Jan 2000

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

No abstract provided.