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Full-Text Articles in Law
Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley
Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley
Christian J Bromley
The litigation surrounding an estimated 650,000 works looted by the Nazis in the Second World War and the millions of securitized mortgages foreclosed in the wake of the Great Recession converge on a fundamental legal principle: who really holds rightful title? Seemingly worlds apart, these separate yet remarkably similar forms of property challenge the American judiciary to allocate property rights between adversaries steadfast in their contention of rightful ownership. The legal fulcrum in this allocation often rests not on the equity or righteousness of either parties’ claim—whether museum versus heir or bank versus former homeowner—but instead on procedural defenses that …
Complexity In Litigation: A Differential Diagnosis, Curtis E.A. Karnow
Complexity In Litigation: A Differential Diagnosis, Curtis E.A. Karnow
Curtis E.A. Karnow
This note examines complex litigation with the goal of providing practical options for its management. It is written from a judge’s perspective. I review the definition of a “complex” case and explain its emphasis on the need for a judge to manage the case, with a focus on enabling settlement. I address a series of specific characteristics or aspects of complex cases, explaining how these affect the progress of the case. Then the note explores the many tools and techniques judges have to manage and ameliorate difficult aspects of complex cases. {Pre-print. Final article as published differs substantially and is …
Business Entities - Basic Legal Issues, Curtis E.A. Karnow
Business Entities - Basic Legal Issues, Curtis E.A. Karnow
Curtis E.A. Karnow
Brief introduction to certain business litigation issues including vicarious liability, sealing records, representation by counsel, qualification of domestic corporations; depositions of persons most knowledgeable, and conflicts of laws.
The Adversarial System, Three Lemons, And Cocaine: The Role Of Confirmation Bias, Curtis E.A. Karnow
The Adversarial System, Three Lemons, And Cocaine: The Role Of Confirmation Bias, Curtis E.A. Karnow
Curtis E.A. Karnow
A short note on confirmation bias and cognitive dissonance as it affects decision making by lawyers and judges.
Breaking The Ice: How Plaintiffs May Establish Premises Liability In "Black Ice" Cases Where The Dangerous Condition Is By Definition Not Visible Or Apparent To The Property Owner, Hon. Mark Dillon
Hon. Mark C. Dillon
Plaintiffs that are injured as a result of encounters with "black ice," as distinguished from regular ice, face peculiar difficulties in establishing liability against property owners for the dangerous icy conditions on their premises. Black ice results from a unique process under certain conditions by which air bubbles are expelled from water during the freezing process, rendering the ice virtually invisible to the naked eye. Property owners therefore are not typically on actual or constructive notice of black ice conditions as to become subject to the legal requirement of undertaking measures to remedy the conditions. This article explores the law …
Sealing Records, Curtis E.A. Karnow
Sealing Records, Curtis E.A. Karnow
Curtis E.A. Karnow
Practical tips on sealing records in California state courts
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Daniel M Braun
In this new Millennium -- an era of increasingly complex cases -- it is critical that lawyers keep a keen eye on trial strategy and tactics. Although scientific evidence today is more sophisticated than ever, the art of effectively engaging people and personalities remains prime. Scientific data must be contextualized and presented in absorbable ways, and attorneys need to ensure not only that they correctly understand jurors, judges, witnesses, and accused persons, but also that they find the means to make their arguments truly resonate if they are to formulate an effective case and ultimately realize justice. A decades-old case …
Case Of Interest Regarding The United States Supreme Court Upholding A Contractual Waiver Of Class Arbitration, William P. Huttenbach
Case Of Interest Regarding The United States Supreme Court Upholding A Contractual Waiver Of Class Arbitration, William P. Huttenbach
William P. Huttenbach
Recent case you might find of interest regarding the United States Supreme Court upholding a contractual waiver of class arbitration. This case involves merchants filing a class action antitrust suit against American Express. See American Express Co. v. Italian Colors Restaurant, 133 S.Ct. 2304 (2013). Respondents are merchants who accepted American Express cards. The contract between parties contained a clause that required all disputes between said parties to be resolved by arbitration and that no claims could be arbitrated on a class action basis. Respondents brought a class action suit against Petitioners for violation of the federal antitrust laws due …
Trials And Tribulations, Curtis E.A. Karnow
Trials And Tribulations, Curtis E.A. Karnow
Curtis E.A. Karnow
A collection of practical tips and advice for litigators new to the bar, and for more experienced lawyers wishing to improve the odds of a receptive judge and jury. The advice applies to oral advocacy, trial, trial preparation, and other issues concerning presentation such as interacting with the jury and witnesses, courtroom staff, motions (including in limine motions), handling evidence, simulation and animations. This is the stuff they don’t teach in law school. (Presentation, Bar Assn. Of San Francisco & Barrister's Club, June 2013)
Patent Busting With Prior Art?, Brendan O. Baggot
Patent Busting With Prior Art?, Brendan O. Baggot
Brendan O. Baggot
Although there are many routes to invalidating a patent, what are the chances of finding prior art missed during U .S. prosecution? What are some of the factors that influence the outcome of a patent search? How can one assess a priori the likelihood of uncovering “new” prior art? How does the specific technology affect the outcome? These and other
Back To The Future: Discovery Cost Allocation And Modern Procedural Theory, Martin H. Redish, Colleen Mcnamara
Back To The Future: Discovery Cost Allocation And Modern Procedural Theory, Martin H. Redish, Colleen Mcnamara
Martin H Redish
It has long been established that as a general rule, discovery costs are to remain with the party from whom discovery has been sought. While courts have authority to "shift" costs in an individual instance, the presumption against such an alteration in traditional practice is quite strong. Yet at no point did the drafters of the original Federal Rules of Civil Procedure ever make an explicit decision to allocate discovery costs in this manner. Nor, apparently, did they (or anyone since) ever explain why such an allocation choice is to be made in the first place. As a result, our …
Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit
Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit
Nancy Levit
One of the best measures of a society is how it treats its vulnerable groups. A central idea in Professor Martha Nussbaum's writings is that all humans "are of equal dignity and worth, no matter where they are situated in society." The strategic challenge in lesbian, gay, bisexual and transgendered (LGBT) rights litigation is how to get courts to see sexual minorities as people worthy of equal dignity and respect. This article focuses on the roles of a positive emotion - love - and a procedural method of proof - science - in the shaping of laws defining the rights …
Green Building Claims: What Theories Will A Plaintiff Pursue, Who Has Exposure, And A Proposal For Risk Mitigation, Darren Prum, Stephen Del Percio
Green Building Claims: What Theories Will A Plaintiff Pursue, Who Has Exposure, And A Proposal For Risk Mitigation, Darren Prum, Stephen Del Percio
Darren A. Prum
No abstract provided.
Fee-Shifting Rules In Litigation With Contingency Fees, Kong-Pin Chen
Fee-Shifting Rules In Litigation With Contingency Fees, Kong-Pin Chen
Kong-Pin Chen
This article theoretically compares the British and American fee-shifting rules in their influences on the behavior of the litigants and the outcomes of litigation. We build up a comprehensive litigation model with asymmetric information and agency costs, which makes it possible to make comparison on a broad arrays of issues in a single unified framework. We then solve for the equilibria under both American and British rules, and thereby compare their equilibrium settlement amounts and rates, expenditures incurred in trials, as well as the plaintiff’s chances of winning and incentive to sue. The theoretical results are broadly consistent with existing …
Los Principios Generales Del Derecho Probatorio Y El Proceso Civil, Dr Leonardo J. Raznovich
Los Principios Generales Del Derecho Probatorio Y El Proceso Civil, Dr Leonardo J. Raznovich
Dr Leonardo J Raznovich
This article, written and published for a Spanish speaking audience, provides with a critical comparative overview of the principles of civil procedure and of the law of evidence.