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Litigation

1991

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Articles 1 - 30 of 41

Full-Text Articles in Law

Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski Nov 1991

Stargazing: The Future Of American Products Liability Law, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

No abstract provided.


Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski Nov 1991

Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski

Cornell Law Faculty Publications

For over one hundred years American courts expanded the rights of plaintiffs in products liability cases. First the courts eliminated the privity requirement, next the necessity of proving fault, and finally, the necessity of proving a production defect. The next logical step in this progression would be to eliminate the need to show any type of defect at all. In this Article, Professors Henderson and Twerski assert that this step cannot and will not be taken. They explore both the possibility of across-the-board liability without defect and the more limited idea of product-category liability without defect. They describe how a ...


Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth Jul 1991

Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth

Boston College Law School Faculty Papers

To date, there has been little effort to define the characteristics of responsible environmental reform efforts by private citizens and organizations in the United States on foreign environmental problems, such as the quality of foreign aid. Moreover, there have been virtually no attempts to identify a principled role for American lawyers in Third World environmental issues. This Essay will respond to these lacunae by articulating a new approach to advocacy based on a partnership model. In Part I, this Essay identifies the need for American public interest advocates to establish partnerships with directly affected groups on Third World environmental issues ...


The Public Interest: A Matter Of Discretion?, R. Keith Higginson Jun 1991

The Public Interest: A Matter Of Discretion?, R. Keith Higginson

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

15 pages.


Dam Fights And Water Policy In California: 1969-1989, Harrison C. Dunning Jun 1991

Dam Fights And Water Policy In California: 1969-1989, Harrison C. Dunning

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

49 pages (includes illustrations and maps).

Contains references.


Federal Regulatory Interests In Water, Patricia Sanderson Port Jun 1991

Federal Regulatory Interests In Water, Patricia Sanderson Port

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

39 pages.

Contains references.


Colorado’S Law Of “Underground Water”: A Look At The South Platte Basin & Beyond, Lawrence J. Macdonnell Jun 1991

Colorado’S Law Of “Underground Water”: A Look At The South Platte Basin & Beyond, Lawrence J. Macdonnell

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

50 pages (includes illustrations and maps).

Contains footnotes.


The 1990 Fort Hall Water Rights Agreement: A Study In The Federal Trust Responsibility, Indian Self-Determination, And Water Rights Settlement, John S. Bushman Jun 1991

The 1990 Fort Hall Water Rights Agreement: A Study In The Federal Trust Responsibility, Indian Self-Determination, And Water Rights Settlement, John S. Bushman

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

171 pages.


Pyramid Lake Negotiated Settlement: Overview And Perspective, Joe Ely Jun 1991

Pyramid Lake Negotiated Settlement: Overview And Perspective, Joe Ely

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

20 pages.


Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett Jun 1991

Big Horn River Litigation Experience: The Second Generation – Post Decree Administration, Gordon W. Fassett

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

5 pages.


Negotiating An Indian Water Rights Settlement: The Colorado Ute Indian Experience, Lois G. Witte Jun 1991

Negotiating An Indian Water Rights Settlement: The Colorado Ute Indian Experience, Lois G. Witte

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

28 pages.


Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez Jun 1991

Coordinated Water Management Under The Prior Appropriation Doctrine In New Mexico: The Rio Grande Case – The Pecos River Case, Eluid L. Martinez

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

26 pages.


Kansas Intensive Groundwater Use Control Areas, David L. Pope Jun 1991

Kansas Intensive Groundwater Use Control Areas, David L. Pope

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

22 pages (includes maps).

Contains references.


Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center Jun 1991

Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, Charles F. Wilkinson and Richard B. Collins.

Pressures of population, drought, and changing water use have provided the impetus for numerous innovations in water law and management in recent years. The Center's annual conference June 5-7, 1991, will look at innovation and change in five areas--water planning, special water management areas, negotiated settlements of tribal water rights, conjunctive use of ground and surface water, and public values in water decision making. Each session will begin with talks by experts from ...


Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr. Jun 1991

Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


The American Jury At Twenty-Five Years, Valerie P. Hans, Neil Vidmar Apr 1991

The American Jury At Twenty-Five Years, Valerie P. Hans, Neil Vidmar

Cornell Law Faculty Publications

The year 1991 marks the twenty-fifth anniversary of the publication of Harry Kalven, Jr. and Hans Zeisel's classic work, The American Jury. Arguably one of the most important books in the field of law and social science, this research monograph began the modrn field of jury studies and deeply influenced contemporary understanding of the jury as an institution.

In this essay we assess the book from the vantage point of a quarter- century. First, we provide a historical backdrop by reviewing the activities of the University of Chicago's Jury Project that led to the publication of The American ...


Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias Jan 1991

Rule 11 Recalibrated In Civil Rights Cases, Carl W. Tobias

Law Faculty Publications

The United States Supreme Court promulgated the 1983 amendments to the Federal Rules of Civil Procedure out of growing concern about abuse of the civil litigation process. The most controversial aspect of the implementation of these revisions has been judicial enforcement of amended Rule 11 (the Rule) in ways that disadvantage or "chill" civil rights plaintiffs and attorneys. As the federal judiciary enters its eighth year of implementing the Rule, courts apparently have improved their application of it by becoming more solicitous of the needs of civil rights plaintiffs and their counsel, in recognition of the important social function that ...


The First Amendment In Litigation: The Law Of The First Amendment, Robert Allen Sedler Jan 1991

The First Amendment In Litigation: The Law Of The First Amendment, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.


The Relationship Between Plaintiff Sucess Rates Before Trial And At Trial, Theodore Eisenberg Jan 1991

The Relationship Between Plaintiff Sucess Rates Before Trial And At Trial, Theodore Eisenberg

Cornell Law Faculty Publications

Legal cases that reach trial are a biased subset of underlying disputes. This makes it difficult to study the legal system by observing tried cases. This paper examines the relationship between plaintiff success at pretrial motion and trial stages across many categories of cases. The large, significant positive relationship between plaintiff success rates at these two procedural stages suggests that characteristics of case categories influence outcomes at both stages. Observers of a category of tried cases or cases resolved by motion can make informed judgments about how that category of cases fares at the other procedural stage.


Citizen Comprehension Of Difficult Issues: Lessons From Civil Jury Trials, Joe S. Cecil, Valerie P. Hans, Elizabeth C. Wiggins Jan 1991

Citizen Comprehension Of Difficult Issues: Lessons From Civil Jury Trials, Joe S. Cecil, Valerie P. Hans, Elizabeth C. Wiggins

Cornell Law Faculty Publications

Lay participation in debates concerning public policies is a touchstone of a democracy. The Constitution enshrines this value not only by providing for a system of elected representatives, but also by recognizing the right to trial by jury. When a democratic society seeks to impose the rigors of the law on an individual, it must justify those standards to a panel of citizens and allow the austere expression of the law to become infused with the values of the community. Through this process, the vision of justice shared by members of the community informs the dialogue of adjudication.

The increasing ...


Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch Jan 1991

Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Hare And Hounds: The Fugitive Defendant's Constitutional Right To Be Pursued, Bruce A. Green Jan 1991

Hare And Hounds: The Fugitive Defendant's Constitutional Right To Be Pursued, Bruce A. Green

Faculty Scholarship

No abstract provided.


Community Institution Building: A Response To The Limits Of Litigation In Addressing The Problem Of Homelessness, Ronald Slye Jan 1991

Community Institution Building: A Response To The Limits Of Litigation In Addressing The Problem Of Homelessness, Ronald Slye

Faculty Scholarship

This article draws upon the experiences of the Jerome N. Frank Legal Services Organization at Yale Law School to argue that, while litigation has a place in addressing both the problem of homelessness and the problems of the homeless, it must be placed within a broader context and supplemented by other, non-litigious, legal activity. Using as an example a lawsuit brought on behalf of homeless families in Connecticut, this article makes four observations which support the conclusion that litigation, used alone, is an ineffective means of addressing the problem of homelessness.


Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch Jan 1991

Start Making Sense: An Analysis And Proposal For Insider Trading Regulation, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


The Expert In U.S. And German Patent Litigation, James Maxeiner Jan 1991

The Expert In U.S. And German Patent Litigation, James Maxeiner

All Faculty Scholarship

The expert often plays a crucial role in patent litigation in both Germany and the United States. Determination of facts and application of law to facts frequently require a technical understanding that only an expert can provide. Despite the similarity of the problem of conveying information to the decision-maker, the role of the expert in the two systems and the manner in which the problem of providing technical knowledge necessary for the decision is solved are so very different, that German jurists who transfer their German experiences and expectations over to US procedures, are in danger of experiencing great disappointment ...


New York Civil Practice, Jay C. Carlisle Jan 1991

New York Civil Practice, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

During the Survey year, the New York Court of Appeals issued important opinions with respect to strict compliance for service of process, the foreign object exception under CPLR 214-a, and disclosure against corporate employees. The Court also imposed sanctions for the first time under Part 130 of the Uniform Rules, and ruled that issue preclusion could be given to a criminal conviction to preclude subsequent civil litigation. In addition the Court recognized that substituted service could be used against a criminal contemnor. New York appellate courts issued instructive decisions regarding long-arm jurisdiction, forum non conveniens, and discovery of surveillance videos ...


A Better Approach To Arbitrability, Jeffrey W. Stempel Jan 1991

A Better Approach To Arbitrability, Jeffrey W. Stempel

Scholarly Works

Historically, Anglo-American courts refused to enforce arbitration agreements, jealously guarding their dispute resolution monopoly. During the early twentieth century, merchants and attorneys began seeking legislation requiring courts to defer to arbitration. The United States Abitration Act took effect January 1, 1926 and has remained essentially unchanged. It was written with the implicit assumption that it would be invoked by commercial actors having relatively equal bargaining power and emotive appeal to a jury. The Act says nothing to direct the court's inquiry concerning the quality of either party's assent to the arbitration clause other than requiring a written arbitration ...


Who's Zoomin' Who?: Comments On Liability For Pharmaceutical Products In Canada, Allan C. Hutchinson, Sue Hodgson Jan 1991

Who's Zoomin' Who?: Comments On Liability For Pharmaceutical Products In Canada, Allan C. Hutchinson, Sue Hodgson

Articles & Book Chapters

A collection of papers from the ninth Fulbright Colloquium held in September 1989. The papers compare legal practices and procedures in North America and Europe and the barriers to drug development caused by increased litigation in cases involving pharmaceutical products.


The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel Jan 1991

The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel

Scholarly Works

No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often ...


Expert Evidence, Samuel R. Gross Jan 1991

Expert Evidence, Samuel R. Gross

Articles

It seems that the use of expert witnesses in common law courts has always been troublesome. In his Treatise on the Law of Evidence, first published in 1848, Judge John Pitt Taylor describes several classes of witnesses whose testimony should be viewed with caution, including: enslaved people (which accounts for "the lamentable neglect of truth, which is evinced by most of the nations of India, by the subjects of the Czar, and by many of the peasantry in Ireland"); women (because they are more susceptible to "an innate vain love of the marvelous"); and "foreigners and others ... living out of ...