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Articles 31 - 41 of 41
Full-Text Articles in Law
Expert Evidence, Samuel R. Gross
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 …
Hare And Hounds: The Fugitive Defendant's Constitutional Right To Be Pursued, Bruce A. Green
Hare And Hounds: The Fugitive Defendant's Constitutional Right To Be Pursued, Bruce A. Green
Faculty Scholarship
No abstract provided.
Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud
Getting To No: A Study Of Settlement Negotiations And The Selection Of Cases For Trial, Samuel R. Gross, Kent D. Syverud
Articles
A trial is a failure. Although we celebrate it as the centerpiece of our system of justice, we know that trial is not only an uncommon method of resolving disputes, but a disfavored one. With some notable exceptions, lawyers, judges, and commentators agree that pretrial settlement is almost always cheaper, faster, and better than trial. Much of our civil procedure is justified by the desire to promote settlement and avoid trial. More important, the nature of our civil process drives parties to settle so as to avoid the costs, delays, and uncertainties of trial, and, in many cases, to agree …
Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael L. Wells
Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael L. Wells
Scholarly Works
No doubt some reform of the federal courts is essential if they are to cope with the proliferation of litigation over the past thirty years and the resulting "congestion, delay, expense, and expansion" in the federal courts. While the problem may not amount to an "impending crisis", the burgeoning caseload surely poses a threat, at least in the long run, to the ability of the federal courts to function effectively. The hard question is not whether something should be done, but what to do about it. There is no shortage of interesting ideas. Some of the ideas that clamor for …
Best Evidence Rule, Paul C. Giannelli
Authentication, Paul C. Giannelli
Dna Evidence, Paul C. Giannelli
Complex-Litigation Reform And The Legislative Process, Charles G. Geyh
Complex-Litigation Reform And The Legislative Process, Charles G. Geyh
Articles by Maurer Faculty
No abstract provided.
Who's Zoomin' Who?: Comments On Liability For Pharmaceutical Products In Canada, Allan C. Hutchinson, Sue Hodgson
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 Expert In U.S. And German Patent Litigation, James Maxeiner
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 …
Viva Zapata!: Toward A Rational System Of Forum-Selection Clause Enforcement In Diversity Cases, Leandra Lederman
Viva Zapata!: Toward A Rational System Of Forum-Selection Clause Enforcement In Diversity Cases, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.