Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Litigation (4)
- Dispute Resolution and Arbitration (3)
- State and Local Government Law (2)
- Contracts (1)
- Courts (1)
-
- Environmental Law (1)
- Health Law and Policy (1)
- Immigration Law (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Law and Society (1)
- Legal Ethics and Professional Responsibility (1)
- Legislation (1)
- Military, War, and Peace (1)
- Oil, Gas, and Mineral Law (1)
- Public Law and Legal Theory (1)
- Tax Law (1)
- Torts (1)
- Institution
Articles 1 - 10 of 10
Full-Text Articles in Law
Deceptive Negotiating And High-Toned Morality, Walter W. Steele, Jr.
Deceptive Negotiating And High-Toned Morality, Walter W. Steele, Jr.
Vanderbilt Law Review
Rising concern about the adequacy of the adversary system to deal with disputes quickly, fairly, and economically has led to increased interest in a broad range of alternate dispute resolution mechanisms such as arbitration and the use of mini-trials. Presently, however, negotiation between disputants or negotiation between counsel for disputants is the best understood and most often utilized alternative to litigation. In fact, negotiating prior to litigating is so pervasive that it might be thought of as an inherent part of the litigation process. From a lawyer's perspective, an advantage of negotiation over other forms of dispute resolution is that …
Rico: Limiting Suits By Altering The Pattern, Edward Lee Isler
Rico: Limiting Suits By Altering The Pattern, Edward Lee Isler
William & Mary Law Review
No abstract provided.
No Pain—No Gain—Should Personal Injury Damages Keep Their Tax Exempt Status, Douglas K. Chapman
No Pain—No Gain—Should Personal Injury Damages Keep Their Tax Exempt Status, Douglas K. Chapman
University of Arkansas at Little Rock Law Review
No abstract provided.
Policing The Bases Of Modern Expert Testimony, Ronald L. Carlson
Policing The Bases Of Modern Expert Testimony, Ronald L. Carlson
Vanderbilt Law Review
Technical witnesses have revolutionized the American lawsuit. Advertisements in litigation periodicals bear witness to the broad range of courtroom expert testimony available to the trial bar. A specialist in airplane pilot error places an advertisement on the same page with an advertiser who is eminently qualified to provide expert testimony in churning securities litigation."' Also included are obscenity experts for criminal cases as well as a timber products specialist with "global experience in accidents and related cases," who claims, "more than 30 years experience with wood utility poles."' Within the category of timber and woods there are other experts as …
Letter Of Credit Litigation - Bank Liability For Punitive Damages, Lisa G. Weinberg
Letter Of Credit Litigation - Bank Liability For Punitive Damages, Lisa G. Weinberg
Fordham Law Review
No abstract provided.
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
Touro Law Review
No abstract provided.
The Development Of Professional Judgment In Law School Litigation Courses: The Concepts Of Trial Theory And Theme, Edward J. Imwinkelried
The Development Of Professional Judgment In Law School Litigation Courses: The Concepts Of Trial Theory And Theme, Edward J. Imwinkelried
Vanderbilt Law Review
I was delighted when the Vanderbilt Law Review asked me to submit a short essay on trial advocacy. This Essay allows me to discuss two concepts, the trial theory and theme, that should be highlighted in every law school litigation course. Several years ago I wrote a text on commercial litigation for practitioners. That text proposed definitions for the concepts of "theory" and "theme"and suggested that trial attorneys organize their pretrial preparation and trial presentation in terms of those concepts. Since the publication of the text, I have attempted to refine the concepts and to use the concepts to restructure …
Texaco Inc. V. Pennzoil Co.: Some Thoughts On The Limits Of Federal Court Power Over State Court Proceedings, Robert B. Funkhouser, Kenneth R. Levine, Laurie B. Mcghee, David E. Mollon
Texaco Inc. V. Pennzoil Co.: Some Thoughts On The Limits Of Federal Court Power Over State Court Proceedings, Robert B. Funkhouser, Kenneth R. Levine, Laurie B. Mcghee, David E. Mollon
Fordham Law Review
No abstract provided.
Re-Examination Of Litigation Trends In The United States: Galanter Reconsidered, A, Kenyon D. Bunch, Richard J. Hardy
Re-Examination Of Litigation Trends In The United States: Galanter Reconsidered, A, Kenyon D. Bunch, Richard J. Hardy
Journal of Dispute Resolution
The general commentary on recent litigation patterns in the United States depicts a worrisome, and occasionally panicked, scenario often called the "litigation explosion."' The commentaries characteristically direct attention to a supposed "epidemic of hair-trigger suing" burying the courts under an "avalanche" of civil actions. 2 Moreover, judicial scholars proffer a myriad of purported explanations for the alleged prodigious growth in the number of civil lawsuits. The common theme throughout these explanations is that changes or disruptions in our social, economic, political-legal environments have caused Americans to become a contentious and overly-litigious people.
Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch
Court-Sponsored Custody Mediation To Prevent Parental Kidnapping: A Disarmament Proposal Comment., Sue T. Bentch
St. Mary's Law Journal
Texas should implement a court-sponsored custody mediation plan to prevent parental kidnapping. Each day, hundreds of parents kidnap their own children. These kidnapped children are often the innocent victims of an escalating custody battle between parents. The magnitude of the parental kidnapping problem has forced Congress and the legislatures of the various states to address its possible solution. Congress and state legislatures implemented the Uniform Child Custody Jurisdiction Act, the Parental Kidnapping Prevention Act of 1980, state criminal laws, civil laws, and tort suits to address the problem. Unfortunately, these remedies only address the problem after the abduction has occurred. …