Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (736)
- Suffolk University (494)
- Selected Works (491)
- University of Colorado Law School (432)
- SelectedWorks (272)
-
- UIC School of Law (269)
- American University Washington College of Law (245)
- Maurer School of Law: Indiana University (202)
- Cornell University Law School (200)
- Pepperdine University (195)
- Case Western Reserve University School of Law (191)
- University of Pennsylvania Carey Law School (185)
- Mercer University School of Law (148)
- Seattle University School of Law (148)
- Brooklyn Law School (135)
- University of Georgia School of Law (110)
- Touro University Jacob D. Fuchsberg Law Center (93)
- University of Washington School of Law (85)
- Georgetown University Law Center (82)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (82)
- Brigham Young University Law School (81)
- Fordham Law School (81)
- Vanderbilt University Law School (80)
- University of New Mexico (77)
- BLR (72)
- The University of Akron (71)
- Roger Williams University (70)
- University of Richmond (70)
- University of Arkansas at Little Rock William H. Bowen School of Law (67)
- University of Pittsburgh School of Law (67)
- Keyword
-
- Litigation (670)
- Practice and Procedure (188)
- Evidence (170)
- Courts (159)
- Class actions (143)
-
- Supreme Court (124)
- Civil procedure (122)
- Trials (115)
- Discovery (109)
- Jurisdiction (108)
- United States (106)
- Liability (98)
- Federal Rules of Civil Procedure (94)
- Federal courts (90)
- Settlement (90)
- Arbitration (89)
- Juries (89)
- United States Supreme Court (88)
- Torts (87)
- California (84)
- Dispute resolution (84)
- Cleveland v. Cleveland Electric Illuminating Company (CEI) (82)
- Legislation (82)
- Damages (81)
- Judges (81)
- Jurisprudence (77)
- Colorado (76)
- Corporations (73)
- Lawyers (73)
- Due process (68)
- Publication Year
- Publication
-
- Suffolk Journal of Trial and Appellate Advocacy (494)
- Michigan Law Review (408)
- Faculty Scholarship (268)
- UIC Law Review (252)
- Articles (242)
-
- All Faculty Scholarship (205)
- Sustainable Development Law & Policy (189)
- Cornell Law Faculty Publications (186)
- Publications (168)
- Faculty Publications (158)
- Mercer Law Review (144)
- Seattle University Law Review (138)
- Scholarly Works (134)
- City of Cleveland v. The Cleveland Illuminating Company, 1980 (104)
- Pepperdine Law Review (103)
- Indiana Law Journal (89)
- Georgetown Law Faculty Publications and Other Works (77)
- Touro Law Review (74)
- ExpressO (71)
- University of Michigan Journal of Law Reform (70)
- Pepperdine Dispute Resolution Law Journal (67)
- Articles by Maurer Faculty (66)
- Washington Law Review (61)
- Journal Articles (59)
- BYU Law Review (57)
- The Journal of Appellate Practice and Process (50)
- Vanderbilt Law Review (50)
- NYLS Law Review (46)
- Gabriel Martinez Medrano (45)
- Akron Law Review (44)
- Publication Type
Articles 6541 - 6570 of 7090
Full-Text Articles in Law
The Antibiotics Class Actions, Charles W. Wolfram
The Antibiotics Class Actions, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
Design Defect Litigation Revisited, James A. Henderson Jr.
Design Defect Litigation Revisited, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz
Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz
University of Michigan Journal of Law Reform
This article will examine the theoretical basis for finding implied causes of action in legislation and the development of the implication doctrine in the federal courts. In particular, the Cort v. Ash case will be discussed, both in terms of the standards articulated by the Supreme Court in dicta and the potential impact of Cort on the law of implied remedies.
0128: U.S. District Court, Southern District Of Wv, Charleston Division Papers, 1836-1886, Marshall University Special Collections
0128: U.S. District Court, Southern District Of Wv, Charleston Division Papers, 1836-1886, Marshall University Special Collections
Guides to Manuscript Collections
Documents pertain to the suit of Charles Gay and others against the White Sulphur Springs Company: depositions by W. B. Calwell (1880), interest coupons payable by the White Sulphur Springs Company (1861), bonds issued by Jeremiah Morton, president of the company. Also papers concerning the Ohio Central Railroad Company.
The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell
The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell
University of Michigan Journal of Law Reform
After the Supreme Court declared in Gideon v. Wainwright that indigents have a constitutional right to appointed counsel in criminal cases, attention turned to the possibility that a similar right could be found for civil litigants. Although there is no explicit constitutional guarantee of counsel for the civil litigant, the due process clause, which protects property rights as well as personal freedoms, arguably mandates that there be a right to professional representation of all citizens in all courts. The inability of most laymen to effectively present even a rudimentary case on their own behalf indicates that without counsel a meaningful …
The Informant And Accomplice Witness: Problems For The Prosecution, 9 J. Marshall J. Prac. & Proc. 243 (1975), Michael D. Marrs
The Informant And Accomplice Witness: Problems For The Prosecution, 9 J. Marshall J. Prac. & Proc. 243 (1975), Michael D. Marrs
UIC Law Review
No abstract provided.
The Vanishing Right Of A Plaintiff To Voluntarily Dismiss His Action, 9 J. Marshall J. Prac. & Proc. 853 (1976), Cary Fleisher
The Vanishing Right Of A Plaintiff To Voluntarily Dismiss His Action, 9 J. Marshall J. Prac. & Proc. 853 (1976), Cary Fleisher
UIC Law Review
No abstract provided.
The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger
The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger
Buffalo Law Review
No abstract provided.
Book Review, Samuel Sonenfield, Gail M. Schaffer
Book Review, Samuel Sonenfield, Gail M. Schaffer
Cleveland State Law Review
This entry reviews Art on Trial: From Whistler to Rothko by Laurie Adams. The text presents six trials involving art. Four of these cases are American, one is English, and one is Dutch.
Trends In The Law Of Damages, John W. Reed
Trends In The Law Of Damages, John W. Reed
Articles
The law of damages deals with the process of translating harm into dollars. It is not, however, a coherent body of knowledge. Rather, it consists of an amalgam of many concepts and rules having to do with fundamental policy questions about loss-shifting, risk-spreading, and allocation of functions between judge and jury. Because damages is a "non-subject," little attention is paid to it in law school curricula and there is little writing about it. As one commentator put it, the law of damages "plods its way, ignored by academicians and 'accepted' by the courts. . . . The 'winds of change' …
Service Of Process By Mail, Michigan Law Review
Service Of Process By Mail, Michigan Law Review
Michigan Law Review
This Note examines the operation of the return-receipt requirement and concludes that, in light of the procedures available to a defendant to challenge service and to reopen default judgments entered against him, the requirement of a signed receipt is unduly harsh on plaintiffs. In the course of this examination, the Note details the means by which a defendant can avoid service by mail in a return-receipt jurisdiction and explains the operation of the various motions to challenge service of process, which, it is asserted, can protect the defendant as well as a return-receipt requirement.
Trial Practice And Procedure, J. Ralph Beaird, C. Ronald Ellington
Trial Practice And Procedure, J. Ralph Beaird, C. Ronald Ellington
Mercer Law Review
No abstract provided.
A Glance At Summary Judgment, Thomas J. Browning
A Glance At Summary Judgment, Thomas J. Browning
Mercer Law Review
EDITOR'S NOTE: A motion for summary judgment is one of the most frequently used pre-trial motions. The following article was written as a quick-reference index for the Judges of the Cobb Superior Court in ruling on these motions. In keeping with our policy of presenting articles to aid the practicing attorney, as well as the academician, we are including the article in this year's Survey. This is the authority practicing attorneys will no doubt face from the Georgia judiciary on a motion for summary judgment.
I. PURPOSE
Purpose of Summary Judgment: A primary purpose of the summary judgment procedure is …
Pattern Jury Instructions, Luther C. Hames Jr.
Pattern Jury Instructions, Luther C. Hames Jr.
Mercer Law Review
No abstract provided.
Counterclaim And Countersuit Harassment Of Private Environmental Plaintiffs: The Problem, Its Implications, And Proposed Solutions, Michigan Law Review
Counterclaim And Countersuit Harassment Of Private Environmental Plaintiffs: The Problem, Its Implications, And Proposed Solutions, Michigan Law Review
Michigan Law Review
This Note first outlines the basic characteristics of the counteraction strategy and considers the implications of its future proliferation and then analyzes proposals to eliminate or ameliorate the impact of the strategy in terms of their effectiveness and practicability.
Sense And Non-Sense: Jury Trial Communication, Robert F. Forsten
Sense And Non-Sense: Jury Trial Communication, Robert F. Forsten
BYU Law Review
No abstract provided.
Juror Perceptions Of Trial Testimony As A Function Of The Method Of Presentation: A Comparison Of Live, Color Video, Black-And-White Video, Audio, And Transcript Presentations, Gerald R. Williams, Larry C. Farmer, Rex E. Lee, Bert P. Cundick, Robert J. Howell, C. Keith Rooker
Juror Perceptions Of Trial Testimony As A Function Of The Method Of Presentation: A Comparison Of Live, Color Video, Black-And-White Video, Audio, And Transcript Presentations, Gerald R. Williams, Larry C. Farmer, Rex E. Lee, Bert P. Cundick, Robert J. Howell, C. Keith Rooker
BYU Law Review
Summary of Contents
I. Introduction
A. Uses of videotape in the litigation process
1. Prelitigation videotape uses
2. Videotaped depositions
3. Electronic trial records
4. Electronic presentation of evidence
B. A review of the research literature
II. The Research Design: Rationale and Description
A. The need to assess the impact of videotape in the litigation process
B. The live trial as a standard of comparison
C. Description of the research design
1. The stimulus trial
2. The trial participants
3. The physical setting
4. A description of the different trial procedures
5. The questionnaire
III. Research Results
A. Juror perceptions …
Symposium: The Use Of Videotape In The Courtroom, Tom C. Clark
Symposium: The Use Of Videotape In The Courtroom, Tom C. Clark
BYU Law Review
No abstract provided.
The Effects Of Videotape Testimony In Jury Trials: Studies On Juror Decision Making, Information Retention, And Emotional Arousal, Gerald R. Miller, David C. Bender, Frank Boster, B. Thomas Florence, Norman Fontes, John Hocking, Henry Nicholson
The Effects Of Videotape Testimony In Jury Trials: Studies On Juror Decision Making, Information Retention, And Emotional Arousal, Gerald R. Miller, David C. Bender, Frank Boster, B. Thomas Florence, Norman Fontes, John Hocking, Henry Nicholson
BYU Law Review
Summary of Contents
I. Introduction: The Nature of the Research
II. Group I : The Nugent u. Clark Studies
A. Background
1. Selecting the stimulus trial
2. Editing the transcript
3. Preparing the trial
a. Casting
b. Equipment
B. Nugent u. Clark Study
1 : live v. videotape trials 1. Questions examined
2. Procedures
a. The live presentation
b. The videotape presentation
c. The questionnaire
3. Results and discussion
a. Negligence verdicts and mean awards
b. Juror perception of attorney credibility
c. Juror information retention
d. Juror interest and motivation
4. Conclusions from Study 1
C. Nugent u. Clark Study …
An Assessment Of Videotape In The Criminal Courts, Ernest H. Short, B. Thomas Florence, Mary Alice Marsh
An Assessment Of Videotape In The Criminal Courts, Ernest H. Short, B. Thomas Florence, Mary Alice Marsh
BYU Law Review
Summary of Contents
I. Introduction
A. A brief history of television and videotape in the justice system
B. Recent studies of videotape technology in the justice system
C. Overview of the goals and methodology of the present study
II. The Videotape System
A. The recording environment
1. Lighting
2. Spatial arrangement
3. Participant mobility
4. Acoustics
5. Electrical power
B. Production techniques
1. Video source location
2. Audio source location
3. Picture composition
a. Zooms
b. Varying video sources
c. Special effects
C. Alternative equipment combinations
1. System 1 : the single camera
2. System 2: the single camera with …
Critique - Data In Search Of Theory In Search Of Policy: Behavioral Responses To Videotape In The Courtroom, Gordon Bermant
Critique - Data In Search Of Theory In Search Of Policy: Behavioral Responses To Videotape In The Courtroom, Gordon Bermant
BYU Law Review
No abstract provided.
Opening Pandora's Box: Asking Judges And Attorneys To React To The Videotape Trial, Robert J. Grow, Robert A. Johnson
Opening Pandora's Box: Asking Judges And Attorneys To React To The Videotape Trial, Robert J. Grow, Robert A. Johnson
BYU Law Review
No abstract provided.
Judicial Reform At The Lowest Level: A Model Statute For Small Claims Courts, Robert H. Brownlee, Charles L. Lewis, Gregory J. Moonie, William H. Pickering, Paul C. Deemer, Iii Special Projects Editor
Judicial Reform At The Lowest Level: A Model Statute For Small Claims Courts, Robert H. Brownlee, Charles L. Lewis, Gregory J. Moonie, William H. Pickering, Paul C. Deemer, Iii Special Projects Editor
Vanderbilt Law Review
The purpose of this Special Project is to analyze the development of procedures for adjudicating small claims, with particular emphasis on the State of Tennessee, and to suggest statutory revisions that may be of value in improving the quality of justice at the lowest level of the judicial system. The Project study commences with an historical survey of the origins of small claims theory and the various court attempts to apply the theory that have been made in the United States during the last half-century. The result of this analysis will be a characterization of a model small claims court.The …
Providing An Effective Remedy In Shareholder Suits Against Officers, Directors, And Controlling Persons, Michael H. Woolever
Providing An Effective Remedy In Shareholder Suits Against Officers, Directors, And Controlling Persons, Michael H. Woolever
University of Michigan Journal of Law Reform
Corporate officers, directors, and controlling persons occupy a fiduciary relationship toward the corporation and its shareholders in the exercise of control over corporate affairs. This fiduciary obligation requires that officers, directors, and controlling persons act in good faith and perform their offices in the best interests of the corporation and its shareholders and not to their own advantage. When this duty is breached, a shareholder may bring an action against these fiduciaries, either in his own name or derivatively for the benefit of the corporation. Under present law, however, it may be impossible for an American court to secure jurisdiction …
Pretrial Discovery Of Government Informers In Federal Narcotics Cases: A Defense Tool, 9 J. Marshall J. Prac. & Proc. 221 (1975), Richard F. Walsh
Pretrial Discovery Of Government Informers In Federal Narcotics Cases: A Defense Tool, 9 J. Marshall J. Prac. & Proc. 221 (1975), Richard F. Walsh
UIC Law Review
No abstract provided.
Pretrial Preparation Of Minor Drug Cases, 9 J. Marshall J. Prac. & Proc. 235 (1975), Frank Wesolowski Jr.
Pretrial Preparation Of Minor Drug Cases, 9 J. Marshall J. Prac. & Proc. 235 (1975), Frank Wesolowski Jr.
UIC Law Review
No abstract provided.
Collateral Estoppel: Loosening The Mutuality Rule In Tax Litigation, Michigan Law Review
Collateral Estoppel: Loosening The Mutuality Rule In Tax Litigation, Michigan Law Review
Michigan Law Review
Collateral estoppel is an aspect of the doctrine of res judicata that precludes relitigation of issues previously adjudicated. A judgment in a prior action may be held conclusive as to issues in a subsequent case. even though the later case technically involves a different cause of action. The rule of collateral estoppel seeks to conserve judicial energy, promote confidence in the judicial system, avoid litigant expense, promote community peace and reliance on judgments, and minimize inconsistent results. Countervailing policy concerns are the right of each person to have his day in court, the fear of increased litigation, the danger of …
Litigating The Zoning Case In Ohio: Suggestions To Fill The Textbook Void, Edward Kancler
Litigating The Zoning Case In Ohio: Suggestions To Fill The Textbook Void, Edward Kancler
Cleveland State Law Review
While much textual material is available citing case law and discussing legal theories of zoning law, there is very little material explaining the proper tactics and presentation to be used in a successful rezoning case. The purpose of this article is to fill this textbook void by presenting a practical overview of the total rezoning procedure, from the application for rezoning through the actual trial, and the tactics and methods to be used in the proper presentation of the zoning case. 'This will include a discussion of courtroom procedure, presentation of evidence, rules of civil procedure and pretrial discovery and …
Class Actions Under Rule 23(B)(2): A Type Of Class Action Which Does Not Require Eisen Notice, Gary L. Eby
Class Actions Under Rule 23(B)(2): A Type Of Class Action Which Does Not Require Eisen Notice, Gary L. Eby
Cleveland State Law Review
This comment will address the subject of class actions under Federal Rule 23(b) (2) and will trace the development of notice requirements, taking note of the split of authority on the issue. The holding and the deceivingly broad language of the Supreme Court's decision in Eisen will also be examined in order to illustrate its lack of effect on the (b) (2) notice requirements that have developed in the lower courts.
Limiting The Plaintiff Class: Rule 10b-5 And The Federal Securities Code, Michigan Law Review
Limiting The Plaintiff Class: Rule 10b-5 And The Federal Securities Code, Michigan Law Review
Michigan Law Review
The Penn Central litigation, involving a large, publicly held corporation, illustrates the need to examine the reach of the federal antifraud provisions. This Note discusses the problem of defining the plaintiff class when the number of past and present shareholders who are potential plaintiffs is very great. Attention will center on the methods courts have used to limit the class of investors compensable under rule 10b-5. Also, the effect that enactment of present drafts of the American Law lnstitute's proposed Federal Securities Code would have on the composition of the plaintiff class in analogous actions will be discussed. Finally, the …