Law Commons^™

The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze

Maryna Koberidze

Amicus Brief: Kumho Tire V. Carmichael, Neil Vidmar, Richard Lempert, Shari Diamond, Valerie Hans, Stephan Landsman, Robert Maccoun, Joseph Sanders, Harmon Hosch, Saul Kassin, Marc Galanter, Theodore Eisenberg, Stephen Daniels, Edith Greene, Joanne Martin, Steven Penrod, James Richardson, Larry Heuer, Irwin Horowitz

Robert MacCoun

This brief addresses the issue of jury performance and jury responses to expert testimony. It reviews and summaries a substantial body of research evidence about jury behavior that has been produced over the past quarter century. The great weight of that evidence challenges the view that jurors abdicate their responsibilities as fact finders when faced with expert evidence or that they are pro-plaintiff, anti-defendant, and anti-business.

The Petitioners and amici on behalf of petitioners make a number of overlapping, but empirically unsupported, assertions about jury behavior in response to expert testimony, namely that juries are frequently incapable of critically evaluation …

The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David Brown

David C. Brown

12 pages.

The Center Of The Center For Alternative Dispute Resolution, Wayne Brazil

Wayne Brazil

Hawaii was one of the first states to establish within its judiciary a Center for Alternative Dispute Resolution. The Center's mission is: to mediate major public policy disputes and to facilitate policy formulation dialogues, to design and help implement mediation and other ADR programs for state and local governmental agencies, to provide education about and training in mediation for the public and for employees of state and local government, and to oversee the extensive network of community mediation centers that provide grass-roots mediation services throughout the Islands. In November of 2005 the Center celebrated its 20th anniversary by sponsoring various …

Deferred Action, Supervised Enforcement Discretion, And The Rule Of Law Basis For Executive Action On Immigration, Anil Kalhan

Anil Kalhan

In November 2014, the Obama administration announced the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) initiative, which built upon a program instituted two years earlier, the Deferred Action for Childhood Arrivals (DACA) initiative. As mechanisms to channel the government’s scarce resources toward its enforcement priorities more efficiently and effectively, both DACA and DAPA permit certain individuals falling outside those priorities to seek “deferred action,” which provides its recipients with time-limited, nonbinding, and revocable notification that officials have exercised prosecutorial discretion to deprioritize their removal. While deferred action thereby facilitates a highly tenuous form of quasi-legal recognition …

Teacher's Manual For Lawyers, Clients And Moral Responsibility, Thomas Shaffer, Jeffrey Bauman, Elliott Weiss, Alan Palmiter

Thomas L. Shaffer

No abstract provided.

Complex Litigation And The Adversary System, Jay Tidmarsh, Roger Trangsrud

Jay Tidmarsh

A law school level coursebook on complex litigation and the adversary system. The book examines the four ways in which cases can be complex: joinder issues, pretrial issues, trial issues, and remedial issues. The book challenges the reader to consider whether the prevailing doctrines in these areas are consistent with modern adversarial theory, with the aspirations of our system of justice, and with a democratic system’s constraints on judicial power. One volume.

Modern Complex Litigation, Jay Tidmarsh, Roger Trangsrud

Jay Tidmarsh

Modern Complex Litigation is the successor to Complex Litigation and the Adversary System, which was published in 1998. Due to the many developments in this field, the authors have reorganized and completely rewritten the text. Most of the principal cases used in the new edition have been decided since 1998, and many of the notes discuss cases, literature, and developments that have arisen in the past decade. In the interest of creating an accessible, student-friendly text, the book has been substantially shortened through the careful editing of cases and the use of short, informative notes. At the same time, the …

Complex Litigation: Problems In Advanced Civil Procedure, Jay Tidmarsh, Roger Trangsrud.

Jay Tidmarsh

Offers concepts of and insights into the forms and functions of complex litigation issues, including their implications. Helps students in such courses to review and study, as well as serves as a reference book for students once they are in practice.

Mass Tort Settlement Class Actions, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.

No Lawsuit Left Behind, Michael Heise

Michael Heise

No abstract provided.

State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise

Michael Heise

No abstract provided.

A Defense Of Analogical Reasoning In Law, Emily Sherwin

Emily L Sherwin

This Article defends the practice of reasoning by analogy on the basis of its epistemic and institutional advantages. The advantages identified for analogical reasoning include that it produces a wealth of data for decisonmaking; it represents the collaborative effort of a number of judges over time; it tends to correct biases that might lead judges to discount the force of prior decisions; and it exerts a conservative force in law, holding the development of law to a gradual pace. Notably, these advantages do not depend on the rational force of analogical reasoning. Rather, the author contends that, as open-ended reasoning …