Law Commons^™

Impeachment: Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.

Failing Faith In Litigation? A Survey Of Business Lawyers' And Executives' Opinions, John M. Lande

Faculty Publications

To provide a more systematic assessment of contemporary faith in litigation, this article looks at a particular context-- business litigation--and analyzes the opinions of three groups of respondents: lawyers in private law firms who do commercial litigation (“outside counsel”), lawyers employed in business firms who do some litigation (“inside counsel”), and nonlawyer executives in business firms (“executives”). These groups have the greatest exposure to litigation in the corporate setting; furthermore, because they play powerful roles in our political, economic, and social life as well as the legal system, their opinions influence public opinion more generally.

Third Party Intervention And Joinder As Of Right In International Arbitration: An Infringement Of Individual Contract Rights Or A Proper Equitable Measure?, S. I. Strong

Faculty Publications

Arbitration has long been called a creature of contract, a dispute resolution mechanism that has no form or validity outside the four corners of the parties' arbitration agreement. Some feel, however, that it may be time to change this narrow interpretation of arbitration's function and scope, and nowhere is this need for reform more apparent than in the realm of multi-party international disputes. Arbitration has taken on an increasingly important role in international commercial transactions and has become the preferred dispute resolution mechanism in many types of transnational contracts. Although there are any number of reasons why this may be …

Hearsay: Traps & Problem Issues, Paul C. Giannelli

Faculty Publications

No abstract provided.

How Will Lawyering And Mediation Practices Transform Each Other?, John M. Lande

Faculty Publications

This article sketches out some aspects of both lawyering and mediation practice that may be affected by development of a litimediation culture. Part II examines the growth of the private market for mediation and an accompanying specialization of mediation practice. These changes seem likely to require mediators to develop market niches with identifiable characteristics of their mediation practices. Simultaneously, lawyers, as regular buyers of mediation services, will be expected to recognize and make decisions based on significant distinctions between mediation providers.

The Pentium Papers: A Case Study Of Collective Institutional Investor Activism In Litigation, Joseph A. Grundfest, Michael A. Perino

Faculty Publications

This article suggests that institutional investors have rational incentives to become more active in the litigation arena, but that the current debate is falsely constrained because it rests on the assumption that institutional investors must participate either by (1) assuming the formal role of lead plaintiff, class representative, or intervenor or, (2) not participating at all. This is a false dichotomy because, as this article demonstrates, institutions have available to them a rich array of flexible, informal, and relatively inexpensive mechanisms by which they can make their views known to litigants and courts alike.

Our hypothesis that institutional investor activism …

The After-Acquired Evidence Rule: The Best Of All Possible Worlds?, Sharona Hoffman

Faculty Publications

No abstract provided.

Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf

Faculty Publications

This Article explores the long and faltering history of attempts to impose liability on tobacco product manufactures. Part II traces the manufacturers' historical and current actions of targeting youth through both promotions and deceptive advertising. Part III argues in favor of an expanded cause of action against the manufacturers for the intentional tort of battery. Part IV discusses the prospect of awards of punitive damages in these cases, and the Epilogue summarizes other advantages of the battery cause of action.

Polygraph Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

Junk Science, Daubert, And Ohio Rule 702, Paul C. Giannelli

Faculty Publications

No abstract provided.

Polygraph Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Confrontation Issues In Child Abuse Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.

“Junk Science”: The Criminal Cases, Paul C. Giannelli

Faculty Publications

No abstract provided.

Rape Trauma Syndrome & Child Sexual Abuse Syndrome, Paul C. Giannelli

Faculty Publications

No abstract provided.

Litigation As A Predatory Practice, Gary Myers

Faculty Publications

This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.

Scientific Evidence In Criminal Prosecutions, Paul C. Giannelli

Faculty Publications

No abstract provided.

"Other Acts” & Character Evidence: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

"Other Acts” & Character Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Authentication, Paul C. Giannelli

Faculty Publications

No abstract provided.

Rules Of Evidence Amendments, Paul C. Giannelli

Faculty Publications

No abstract provided.

Dna Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Best Evidence Rule, Paul C. Giannelli

Faculty Publications

No abstract provided.

Hearsay: Part Iv, Paul C. Giannelli

Faculty Publications

No abstract provided.

Hearsay: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

Hearsay: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Hearsay: Part Iii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Impeachment Of Witnesses: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Expert Witnesses, Paul C. Giannelli

Faculty Publications

No abstract provided.

Impeachment Of Witnesses: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

Procedure For Admitting And Excluding Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.