Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Litigation

2002

Journal

Institution
Keyword
Publication

Articles 1 - 30 of 51

Full-Text Articles in Law

Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson Oct 2002

Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson

The Journal of Appellate Practice and Process

No abstract provided.


Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy Oct 2002

Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy

The Journal of Appellate Practice and Process

No abstract provided.


An Argument For Reviving The Actual Futility Exception To The Supreme Court's Procedural Default Doctrine, Brent E. Newton Oct 2002

An Argument For Reviving The Actual Futility Exception To The Supreme Court's Procedural Default Doctrine, Brent E. Newton

The Journal of Appellate Practice and Process

No abstract provided.


To Sanction Or Not To Sanction: Why Arguing Against The Court's Precedent Is Not An Automatic Rule 11 Violation According To Hunter V. Earth-Grains Co. Bakery, William H. Pate Oct 2002

To Sanction Or Not To Sanction: Why Arguing Against The Court's Precedent Is Not An Automatic Rule 11 Violation According To Hunter V. Earth-Grains Co. Bakery, William H. Pate

Campbell Law Review

No abstract provided.


Public Interest Groups' Litigation Alternatives, Jaclyn S. Wanemaker Sep 2002

Public Interest Groups' Litigation Alternatives, Jaclyn S. Wanemaker

Buffalo Public Interest Law Journal

No abstract provided.


Risky Business: Attorney Liability In Insurance Defense Litigation-A Review Of The Arizona Supreme Court's Decision In Paradigm Insurance Co. V. Langerman Law Offices Sep 2002

Risky Business: Attorney Liability In Insurance Defense Litigation-A Review Of The Arizona Supreme Court's Decision In Paradigm Insurance Co. V. Langerman Law Offices

BYU Law Review

No abstract provided.


No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan Aug 2002

No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan

Michigan Law Review

In an increasingly common litigation strategy, plaintiffs in Patrickson v. Dole Food Company, laborers in the banana industries of Costa Rica, Ecuador, Guatemala and Panama, brought a classaction suit in Hawaii state court against Dole Food and other defendants. Plaintiffs brought only state law causes of action, alleging that they had been harmed by Dole Food's use of DBCP, a toxic pesticide banned from use in the United States. Dole Food removed the case to federal district court seeking the procedural advantages of a federal forum, as corporate defendants facing alien tort plaintiffs seeking redress for overseas conduct invariably do. …


"Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster": The Necessity Of Maintaining And Narrowing The Welcomeness Requirement In Sexual Harassment Suits, Leigh A. Salmon Jul 2002

"Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster": The Necessity Of Maintaining And Narrowing The Welcomeness Requirement In Sexual Harassment Suits, Leigh A. Salmon

Indiana Law Journal

No abstract provided.


Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai Jun 2002

Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai

American University Law Review

This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …


The Saga Of Gracie Terrace, Thomas R. Newman, Maro A. Goldstone Jun 2002

The Saga Of Gracie Terrace, Thomas R. Newman, Maro A. Goldstone

Nevada Law Journal

No abstract provided.


A "Keene" Story, Eugene R. Anderson Jun 2002

A "Keene" Story, Eugene R. Anderson

Nevada Law Journal

No abstract provided.


New Hampshire's Three-Judge Expedited Docket, Joseph P. Nadeau Apr 2002

New Hampshire's Three-Judge Expedited Docket, Joseph P. Nadeau

The Journal of Appellate Practice and Process

No abstract provided.


The Expedited Appeals Process For The District Of Columbia Court Of Appeals, Bonny L. Tavares Apr 2002

The Expedited Appeals Process For The District Of Columbia Court Of Appeals, Bonny L. Tavares

The Journal of Appellate Practice and Process

No abstract provided.


Expedited Appeals In Indiana: Too Little, Too Late, Joel M. Shumm Apr 2002

Expedited Appeals In Indiana: Too Little, Too Late, Joel M. Shumm

The Journal of Appellate Practice and Process

No abstract provided.


Possible, But Not Likely: Expedited Appeals In Massachusetts, Davalene Cooper Apr 2002

Possible, But Not Likely: Expedited Appeals In Massachusetts, Davalene Cooper

The Journal of Appellate Practice and Process

No abstract provided.


Expedited Appeals In Kentucky, Susan Hanley Kosse, Kristen S. Miller Apr 2002

Expedited Appeals In Kentucky, Susan Hanley Kosse, Kristen S. Miller

The Journal of Appellate Practice and Process

No abstract provided.


Appellate Procedure In West Virginia: Why Rule 4a'S Expedited Petition Process Isn't Attractive To Attorneys, Grace Wigal Apr 2002

Appellate Procedure In West Virginia: Why Rule 4a'S Expedited Petition Process Isn't Attractive To Attorneys, Grace Wigal

The Journal of Appellate Practice and Process

No abstract provided.


"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose Apr 2002

"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose

The Journal of Appellate Practice and Process

No abstract provided.


Freestyle Lawyering: Taking An Expedited Appeal In The New York State Courts, Alicia R. Ouellette Apr 2002

Freestyle Lawyering: Taking An Expedited Appeal In The New York State Courts, Alicia R. Ouellette

The Journal of Appellate Practice and Process

No abstract provided.


To Expediency And Beyond: Vermont's Rocket Docket, Tracy Bach Apr 2002

To Expediency And Beyond: Vermont's Rocket Docket, Tracy Bach

The Journal of Appellate Practice and Process

No abstract provided.


A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich Apr 2002

A Practitioner's Guide To Arkansas's New Judicial Article, Larry Brady, J.D. Gingerich

University of Arkansas at Little Rock Law Review

No abstract provided.


The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins Apr 2002

The Right To Trial By Jury In Arkansas After Merger Of Law And Equity, John J. Watkins

University of Arkansas at Little Rock Law Review

No abstract provided.


A Common Carrier Approach To Internet Interconnection, James B. Speta Mar 2002

A Common Carrier Approach To Internet Interconnection, James B. Speta

Federal Communications Law Journal

This Article argues that some generalized interconnection rules are broadly appropriate. Specifically, some lessons learned from the ancient regime of common carrier regulation provide the appropriate regulatory foundation for the modern Internet. Since at least the middle ages, most significant carriers of communications and commerce have been regulated as common carriers. Common carrier rules have resolved the disputed issues of duty to serve, nondiscrimination, and interconnection. These were the problems of seventeenth-century ferry owners and innkeepers, eighteenth-century steamships, nineteenth-century railroads, and twentieth-century telephone networks. They are similar to the problems of the twenty-first-century Internet, and similar rules can govern its …


Awakening Hong Kong's Sleeping Lion: A Case For Increased Use Of O 62 R 8, Gregor A. Hensrude Mar 2002

Awakening Hong Kong's Sleeping Lion: A Case For Increased Use Of O 62 R 8, Gregor A. Hensrude

Washington International Law Journal

Hong Kong, like much of the world, is facing public criticism about the operation and accessibility of its civil litigation system. One judge and scholar has suggested increased use of a litigation rule requiring solicitors to pay any costs wasted by their misconduct. By comparing this rule to its counterparts in the United Kingdom and the United States, it becomes apparent that such a solution could work to improve litigation in Hong Kong. Increased use of the rule would compensate parties injured by abusive litigation tactics and deter solicitors from engaging in misconduct to line their pockets or win for …


Table Of Contents, Jtaa Editors Jan 2002

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Jumping The Distinctiveness Hurdle: Registrability Of Trademarks With High Technology Word Compositions, Elizabeth A. Shaw Jan 2002

Jumping The Distinctiveness Hurdle: Registrability Of Trademarks With High Technology Word Compositions, Elizabeth A. Shaw

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Front Matter, Jtaa Editors Jan 2002

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Revisiting Expert Testimony On The Reliability Of Eyewitness Identification, Jeremy C. Bucci Jan 2002

Revisiting Expert Testimony On The Reliability Of Eyewitness Identification, Jeremy C. Bucci

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Editor's Note, Ronald Barriere Jan 2002

Editor's Note, Ronald Barriere

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Circuit Court Interpretations Of What Constitutes A Successive Habeas Corpus Motion Under The Anti-Terrorism And Effective Death Penalty Act Of 1996, Craig Iannini Jan 2002

Circuit Court Interpretations Of What Constitutes A Successive Habeas Corpus Motion Under The Anti-Terrorism And Effective Death Penalty Act Of 1996, Craig Iannini

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.