Law Commons^™

Law School Support For Community-Based Economic Development In Low-Income Urban Neighborhoods, Jeffrey S. Lehman, Rochelle E. Lento

Cornell Law Faculty Publications

No abstract provided.

Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Pity the civil jury, seen by some as the sickest organ of a sick system. Yet the jury has always been controversial. One might suppose that, with so much at stake for so long, we would all know a lot about the ways juries differ from judges in their behavior. In fact, we know remarkably little. This Article provides the first large-scale comparison of plaintiff win rates and recoveries in civil cases tried before juries and judges. In two of the most controversial areas of modern tort law--product liability and medical malpractice--the win rates substantially differ from other cases' win …

Ground Water Contamination: What You Need To Know, David B. Mcwhorter

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

14 pages.

Contains references.

Quality Meets Quantity: San Gabriel Valley, California: The Metropolitan Water District Of Southern California Proposal, Thomas M. Stetson

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

19 pages (includes illustrations and maps).

Contains footnotes.

Regional Water Supply Aspects Of San Gabriel Basin Superfund Process, Victor E. Gleason

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

19 pages (includes maps).

Transport Modeling – Technical And Legal Issues, Adrian Brown

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

27 pages.

Contains footnotes.

The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David M. Brown

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

12 pages.

Endangered Species: The Edwards Aquifer Litigation, Stuart N. Henry

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

7 pages.

Litigation In Texas Re: The Edwards Aquifer And Water Rights, Douglas G. Caroom

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

18 pages.

Data, Correspondence, Reports, And Exhibits For Ground Water Rights Cases (Or, Challenges In Developing And Presenting Data To Support A Ground Water Rights Case), Robert E. Brogden

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

17 pages.

Data, Correspondence, Reports And Exhibits For Groundwater Quality/Hazardous Waste Cases: File Preparation And Maintenance, James M. Kerr, Jr.

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

7 pages.

Depositions And Oral Testimony [Outline], M.E. (Sandy) Macdougall

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

16 pages.

Pre-Trial Case Preparation In Complex Groundwater Litigation: The Lawyer’S Role, Michael D. Shimmin

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

12 pages.

Case Preparation: The Expert Witness’ Role, Bruce E. Kroeker

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

9 pages.

The View From The Bench: The Perspective Of A Water Judge, Robert A. Behrman

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

9 pages.

Aquifer/Stream Relationships And Aquifer Recharge, Robert A. Longenbaugh

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

13 pages.

Contains references.

The State Of Colorado’S Perspective On The American Water Development, Inc. (Awdi) Proposal For Exporting Groundwater From The San Luis Valley [Outline], Steven E. Vandiver

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

3 pages.

Exporting Ground Water From Colorado’S San Luis Valley: Awdi’S Nontributary Claim, Eric J. Harmon

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

12 pages.

Contains 1 page of references.

Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

Sponsored by Natural Resources Law Center, University of Colorado School of Law and the Rocky Mountain Ground-Water Conference, organized by the Colorado Ground-Water Association.

Faculty for the conference included University of Colorado School of Law professor Lawrence J. MacDonnell.

Nearly half the people in the United States rely on groundwater as their primary water source. As demands for groundwater grow, it becomes increasingly important for lawyer and technical professionals to understand the legal and hydrologic issues arising in groundwater development, use, and protection. These issues will be the focus of the Center's thirteenth annual summer program, June 15-17, 1992.

This …

Selected Legal Issues Relating To Application Of American Water Development, Inc., Case No. 86 Cw 46, Water Division No. 3, Colorado, Charles B. White

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

13 pages.

Meeting Urban Water Demands In Nevada, The Las Vegas Proposal, Terry Katzer, Kay Brothers

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

10 pages (includes map).

Contains references.

The Legal Framework For Aquifer Issues, Douglas L. Grant

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

20 pages.

Contains references.

Practical Considerations For Effective Use Of Expert Witnesses And Computer Models In Complex Groundwater Litigation, William A. Paddock

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

14 pages.

Experts As Hearsay Conduits: Confrontation Abuses In Opinion Testimony, Ronald L. Carlson

Scholarly Works

The dispute over whether litigants may use experts to run unexamined hearsay into the trial record is a microcosm of a larger debate. The larger question is whether judicial review of expert testimony should be passive, or whether the expert witness process should be marked by active judicial policing. Does the plethora of expert opinions presently being offered in modern trials merit special scrutiny by the courts?

Some scholars urge that courts must accommodate experts. Proponents of this view favor few challenges to the unrestricted rendition of opinions by an expert, whether the expert is real or self-proclaimed. Under this …

Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton

Faculty Scholarship

Part I of this Article describes the administrative structure of the Eastern District of Virginia and its case management practices. Part II demonstrates that, despite the Eastern District of Virginia's status as one of the busiest federal district courts, it has consistently been one of the most efficient and effective federal courts in the nation. As a result, in Part III, this Article concludes that the experience of the Eastern District of Virginia raises many questions about the premises underlying the Civil Justice Reform Act, the proposed amendments to the Federal Rules, and the means by which Congress and the …

Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh

LLM Theses and Essays

Reinsurance is insurance that an insurance company purchases from another insurance company. The original insurance company is called the reinsured, and the insurance company that is contracted is called the reinsurer. The main purpose of reinsurance is to disperse or spread the risk of loss. The reinsurance relationship is frequently characterized as an exercise of fiduciary responsibility based upon an undertaking of utmost good faith between contracting parties. However, disputes arise; most litigation involving reinsurance has been between reinsurers and persons not party to the reinsurance agreement. This paper’s first major area of discussion is the relationship between the reinsurer …

Jurors' Judgments Of Business Liability In Tort Cases: Implications For The Litigation Explosion, Valerie P. Hans, William S. Lofquist

Cornell Law Faculty Publications

Criticisms of the civil jury, including charges that the jury is biased against business, have been central to debates over the litigation explosion and demands for tort reform. This article seeks to inform these ongoing controversies by examining tort jurors' accounts of how they reached decisions in cases with business parties. Interviews and questionnaire data showed that jurors were skeptical of plaintiff tort cases against businesses, organized their accounts more on the actions and motivations of plaintiffs than on the responsibilities of business, and spoke often of the litigation crisis and the importance of limiting awards.

Environmental Litigation And Rule 11, Carl W. Tobias

Law Faculty Publications

The 1983 amendment to Federal Rule of Civil Procedure 11 has been the most controversial revision in the half-century history of the Federal Rules. Judges have applied amended Rule 11, which requires them to sanction lawyers and parties who do not conduct reasonable inquiries before filing papers, in over 1000 reported opinions, considerably more unreported determinations, and numerous informal contexts. The Rule has engendered much unnecessary satellite litigation and has been implemente4 inconsistently, while attorneys' fees remain the "sanction of choice" for violations. Rule 11 activity has especially disadvantaged civil rights plaintiffs and lawyers, whose lack of resources can make …

Why Vosburg Comes First, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Litigation As A Predatory Practice, Gary Myers

Faculty Publications

This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.