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Articles 31 - 48 of 48
Full-Text Articles in Law
Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56
Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56
Court Conferences and Events
No abstract provided.
Lesbians, Gays And Feminist At The Bar: Translating Personal Experience Into Effective Legal Argument - A Symposium, Elizabeth M. Schneider
Lesbians, Gays And Feminist At The Bar: Translating Personal Experience Into Effective Legal Argument - A Symposium, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Accidents Do Happen: Hazardous Technology And International Tort Litigation, Stephen C. Mccaffrey
Accidents Do Happen: Hazardous Technology And International Tort Litigation, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger
Tort Litigation And Social Change: Accidents And Trial Court Litigation In West Virginia, 1870-1940, Frank W. Munger
Articles & Chapters
No abstract provided.
Law, Litigation And Social Change: A Critical Evaluation Of An Empirical Research Tradition, Frank W. Munger
Law, Litigation And Social Change: A Critical Evaluation Of An Empirical Research Tradition, Frank W. Munger
Articles & Chapters
This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …
Single Firm Conduct, George A. Hay
Single Firm Conduct, George A. Hay
Cornell Law Faculty Publications
My assignment is to discuss likely future developments involving single firm conduct. I will first discuss general trends and then move on to discuss some specific areas of the law. At the outset, however, I should remind the reader that what follows are predictions, not endorsements.
Developments In Merger Litigation: The Government Doesn't Always Win, Stephen Calkins
Developments In Merger Litigation: The Government Doesn't Always Win, Stephen Calkins
Law Faculty Research Publications
"The sole consistency that I can find is that under Section 7, the Government always wins." When this famous antitrust apothegm was pronounced in 1966 by Justice Stewart, dissenting in United States v. Von's Grocery, it had the ring of truth. It is less true today: of the (admittedly few) reported Justice Department merger cases decided since William Baxter assumed responsibility as Assistant Attorney General, the Government has lost all but one. The Federal Trade Commission's court record in merger cases has been substantially better. Even in private cases, usually involving challenges to mergers to which the federal antitrust …
Civil Practice, Jay C. Carlisle
Civil Practice, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
While 1986 was a watershed year for the CPLR practitioner, 1987 passed with what one prominent commentator has referred "a yawn." Nonetheless, there were several important amendments to the CPLR in 1987 and our courts produced more than a few ''drab” opinions worthy of discussion. Furthermore, the bar and bench should rejoice because this year's Survey marks the twenty-fifth anniversary of the CPLR and the fiftieth anniversary of the Federal Rules of Civil Procedure. It is also the sixty-fifth year since a commentator first reviewed significant developments in New York civil practice.
A Rededication, John W. Reed
A Rededication, John W. Reed
Other Publications
The delivered keynote address during the April 18, 1988, dedication of the new Lansing courtroom of the United States District Court for the Western District of Michigan.
Jury Instructions: A Persistent Failure To Communicate, Elizabeth G. Thornburg, Walter W. Steele Jr.
Jury Instructions: A Persistent Failure To Communicate, Elizabeth G. Thornburg, Walter W. Steele Jr.
Faculty Journal Articles and Book Chapters
This article reports on an empirical study of juror comprehension of pattern jury instructions. It demonstrated that comprehension of the original instructions was poor, but that rewriting significantly improved their ability to understand and explain the meaning of the instructions. A separate study showed that jurors report that they discuss and consider the language of the instructions provided to them.
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth Circuit, 1983-1987, Martin Geer, Paul D. Reingold
Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth Circuit, 1983-1987, Martin Geer, Paul D. Reingold
Articles
Despite the recent admonition of the Supreme Court that a "request for attorneys' fees should not result in a second major litigation,"12 the courts have been frequently called on to interpret the often ambiguous language of the EAJA. The U.S. Court of Appeals for the Sixth Circuit has not been spared this difficult chore. While the 1985 amendments have clarified some provisions of the Act and affected some major decisions in the Sixth Circuit, the recent changes have also left other previously settled areas in a state of flux. This article will review the Sixth Circuit's EAJA decisions from 1983-1987, …
Procedure For Admitting And Excluding Evidence, Paul C. Giannelli
Procedure For Admitting And Excluding Evidence, Paul C. Giannelli
Faculty Publications
No abstract provided.
A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel
A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel
Scholarly Works
As almost anyone alive during the past decade knows, this is the era of the ‘litigation explosion,’ or there is at least the perception that a litigation explosion exists. Although all agree that the absolute number of lawsuits has increased in virtually every corner of the state and federal court systems, there exists vigorous debate about whether the increase is unusual in relative or historical terms and even more vigorous debate about whether the absolute increase in cases symbolizes the American concern for fairness and justice or represents a surge in frivolous or trivial disputes needlessly clogging the courts. As …
The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli
The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli
Faculty Publications
No abstract provided.
Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn
Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn
Scholarly Works
In the last few years quite a few international lawyers have been complaining about the 1985 termination (with effect on April 7, 1986) by the United States of its 1946 declaration accepting the compulsory jurisdiction of the International Court of Justice. Little attention has been paid to the fact that during the forty years since the making of this declaration many other states have changed their declarations, often several times, in order to adept them to the Court's jurisprudence and to new circumstances. By 1985, the United States declaration was in fact obsolete, and some of the reservations contained in …
Foreword: Mail Fraud After Mcnally And Carpenter: The Essence Of Fraud, Craig M. Bradley
Foreword: Mail Fraud After Mcnally And Carpenter: The Essence Of Fraud, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
The Institution Of The Private Attorney General: Perspectives From An Empirical Study Of Class Action Litigation, Bryant G. Garth, Ilene H. Nagel, S. Jay Plager
The Institution Of The Private Attorney General: Perspectives From An Empirical Study Of Class Action Litigation, Bryant G. Garth, Ilene H. Nagel, S. Jay Plager
Articles by Maurer Faculty
No abstract provided.
The Collision Between New Discovery Amendments And Expert Testimony Rules, Paul F. Rothstein
The Collision Between New Discovery Amendments And Expert Testimony Rules, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The young litigator's nightmare was always the same. He was in medieval Europe, ready to engage in a sword fight with the expert swordsman representing his arch rival. After countless hours of preparation, he felt confident that he would be able to hold his own against the swordsman. But when the swordsman drew his lengthy rapier from its sheath, the young attorney pulled only a short dagger from his scabbard. Realizing that he was doomed to defeat, he tossed his dagger into the air and ran from the scene with the laughter of the onlookers ringing in his ears.
The …