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Full-Text Articles in Law

Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan Aug 1978

Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan

Articles

A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …


Improving On The Contingent Fee, Kevin M. Clermont, John D. Currivan Apr 1978

Improving On The Contingent Fee, Kevin M. Clermont, John D. Currivan

Cornell Law Faculty Publications

Two basic fees--contingent and hourly--dominate the variety of fees that lawyers charge clients for pursuing damage claims. Each of these two types has its advantages; each is plagued with substantial disadvantages. This Article proposes a new type of fee, one that preserves the respective advantages of the two present fees while minimizing their distinct disadvantages.

In essence, the proposed fee calls for the payment, on a contingent basis, of an amount computed by adding one component tied to hours worked and another component linked to amount recovered. The preferability and feasibility of this proposed fee argue for the abolishment, or …


Young Adults As A Cognizable Group In Jury Selection, Donald H. Zeigler Jan 1978

Young Adults As A Cognizable Group In Jury Selection, Donald H. Zeigler

Articles & Chapters

No abstract provided.


Review On A Virginia Cause, William Hamilton Bryson Jan 1978

Review On A Virginia Cause, William Hamilton Bryson

Law Faculty Publications

A book review on A Virginia Cause by B. Lamb.


Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller Jan 1978

Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller

Publications

No abstract provided.


Eyewitness Identifications, Paul C. Giannelli Jan 1978

Eyewitness Identifications, Paul C. Giannelli

Faculty Publications

No abstract provided.


Polygraph Evidence, Paul C. Giannelli Jan 1978

Polygraph Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Credibility Of Witnesses, Paul C. Giannelli Jan 1978

Credibility Of Witnesses, Paul C. Giannelli

Faculty Publications

No abstract provided.


Attorney’S Affidavit In Litigation Proceedings, John H. Garvey Jan 1978

Attorney’S Affidavit In Litigation Proceedings, John H. Garvey

Scholarly Articles

No abstract provided.


Rules Pertaining To Witnesses, John W. Reed Jan 1978

Rules Pertaining To Witnesses, John W. Reed

Book Chapters

Article VI of the Michigan Rules of Evidence contains the rules dealing with witnesses. Trials bring to mind testimonial evidence. There surely are other kinds of evidence, such as docmnents, guns, automobile tires, chemical substances, and the like. But most evidence comes from the mouths of witnesses, and even demonstrative evidence usually is admitted only after a witness has taken the stand and testified to foundation facts. So it is important and appropriate that we turn to the provisions of the rules that deal with qualifications and credibility of witnesses. I would like to direct your attention to MRE 601 …


Opinions And Expert Testimony, John W. Reed Jan 1978

Opinions And Expert Testimony, John W. Reed

Book Chapters

Article VI of the Michigan Rules of Evidence contains the rules dealing with witnesses. Trials bring to mind testimonial evidence. There surely are other kinds of evidence, such as docmnents, guns, automobile tires, chemical substances, and the like. But most evidence comes from the mouths of witnesses, and even demonstrative evidence usually is admitted only after a witness has taken the stand and testified to foundation facts. So it is important and appropriate that we turn to the provisions of the rules that deal with qualifications and credibility of witnesses. I would like to direct your attention to MRE 601 …


Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle Jan 1978

Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle

Articles by Maurer Faculty

The adoption of a new principle of law invariably impinges upon related legal concepts, raising issue that were not considered when the law was changed. The adoption of comparative negligence, a drastic departure from the long-held principle of contributory negligence, has forced courts to consider how the related concept of assumption of risk is affected by the change. Because there are different types of assumption of risk, and various doctrinal, practical, and policy issues, a proper determination of the role for assumption of risk in a comparative negligence system depends upon a thorough examination of many relevant considerations. Unfortunately, two …