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Articles 1 - 13 of 13
Full-Text Articles in Law
Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins
Review: Voices Of American Law: Us Supreme Court Cases Meet The 21st Century, Lauren M. Collins
Law Faculty Articles and Essays
Review of documentary series Voices of American Law (Thomas B. Metzloff & Sarah Wood, producers)
A Novel Approach To Mass Tort Class Actions: The Billion Dollar Settlement In The Sulzer Artificial Hip And Knee Litigation: A Symposium, Susan J. Becker
A Novel Approach To Mass Tort Class Actions: The Billion Dollar Settlement In The Sulzer Artificial Hip And Knee Litigation: A Symposium, Susan J. Becker
Law Faculty Articles and Essays
As you know our primary focus today is on the Sulzer knee and hip replacement class action. My remarks are intended to place this fascinating and innovative case in the larger context of the many issues that we all face as participants in our modern civil justice system. I am going to do this by briefly refreshing your recollection as to the procedural requirements for modern class actions, describing the ongoing controversy surrounding use of these procedures, and touching on reform efforts currently underway. I will then provide a short introduction to the Sulzer litigation and introduce each panelist.
Higher Burden For Ada Plaintiffs, Susan J. Becker
Higher Burden For Ada Plaintiffs, Susan J. Becker
Law Faculty Articles and Essays
Plaintiffs in Americans with Disabilities Act (ADA) cases have a signigicantly higher burden to show a disability due to a triliogy of recent decisions. This article examines this recent case law.
Civil Discovery Standards Seek To Improve Pretrial Practice, Susan J. Becker
Civil Discovery Standards Seek To Improve Pretrial Practice, Susan J. Becker
Law Faculty Articles and Essays
Challenges faced by attorneys in conducting efficient expert depositions has inspired the Section of Litigation Discovery Task Force to create Civil Discovery Standards. This article reviews these new standards.
Supreme Court Revises Amicus Rules, Susan J. Becker
Supreme Court Revises Amicus Rules, Susan J. Becker
Law Faculty Articles and Essays
Last year the U.S. Supreme Court and the Seventh Circuit both reacted against the growing use of "friend of the court" briefs to advocate litigants' positions rather than to assist the court. Now several federal and state appellate courts are reviewing their rules on amicus submissions because of their own experiences and the Supreme Court and Seventh Circuit actions.
Will New Legislation Preempt State Court Class Actions?, Susan J. Becker
Will New Legislation Preempt State Court Class Actions?, Susan J. Becker
Law Faculty Articles and Essays
Proponents of 1995's federal securities litigation reform are proposing new legislation to prevent plaintiffs from using state court class actions to circumvent the restrictive federal rules. This article reviews these legislative proposals.
Courts' Evolving Roles In Daubert Decisions, Susan J. Becker
Courts' Evolving Roles In Daubert Decisions, Susan J. Becker
Law Faculty Articles and Essays
In Daubert, the Supreme Court interpreted Federal Rule of Evidence 702 to permit an arguably more-relaxed standard for the admission of expert scientific evidence than previously allowed under the popular Frye test.
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Adea Claimant Can Retain Severance Payments And Sue Former Employer, Susan J. Becker
Law Faculty Articles and Essays
Former employees can maintain claims under the Age Discrimination in Employment Act (ADEA) without first repaying the consideration received for an invalid release of claims. The Supreme Court's pronouncement, Oubre v. Entergy Operations, Inc., 1988 U.S. Lexis 646 (Jan. 26, 1998), may change the way many employers negotiate and execute severance packages and settlements with terminated employees.
Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin M. Mika, Denise Wimbiscus
Responsibilities Of Employers Toward Mentally Disabled Persons Under The Americans With Disabilities Act, Karin M. Mika, Denise Wimbiscus
Law Faculty Articles and Essays
This article discusses the standards of the American with Disabilities Act with respect to accommodating mental illness in the workplace. It argues that the ADA definitions are not precise enough in apprising employers of what their obligations are regarding mentally ill persons in the workplace. It additionally suggests revising the statue and regulations to achieve this goal.
Attempted Cap On Punitive Damages Continues To Spark Debate, Susan J. Becker
Attempted Cap On Punitive Damages Continues To Spark Debate, Susan J. Becker
Law Faculty Articles and Essays
The debate surrounding federal product liability law has not been silenced by recent compromises reached by the House and Senate regarding appropriate boundaries for such laws. To the contrary, President Clinton's threatened veto of Congress's Common Sense Product Liability Reform Act of 1996 and continued opposition by the ABA Section of Litigation and other groups to parts of the Act guarantee that the 20-year-old debate will continue to rage.
"Loser Pays" Loses Again, Susan J. Becker
"Loser Pays" Loses Again, Susan J. Becker
Law Faculty Articles and Essays
The most recent congressional attempts to mandate "loser pays" rules for attorneys' fees in many federal civil cases have lost out--at least for the time being--but the push for such legislation has prompted the ABA to adopt a "loser pays" proposal of its own.
Wrongful Death Actions And Section 1983, Steven H. Steinglass
Wrongful Death Actions And Section 1983, Steven H. Steinglass
Law Faculty Articles and Essays
This article examines the use of 42 U.S.C. Section 1983 in cases in which violations of federal law by state or local officials result in a death and the rules that govern the existence of the cause of action and the available damages. State remedies for the protection of individual rights from official misconduct are often inadequate, and public protection is frequently unavailing. Thus, many plaintiffs seek alternative remedies, and in recent years the estates, personal representatives and survivors of victims of wrongful killings have increasingly turned to federal law and federal courts. Section 1983, however, is a threadbare statute, …
The Role Of Oral Argument At The U.S. Supreme Court-- A View From The Podium, Arthur R. Landever
The Role Of Oral Argument At The U.S. Supreme Court-- A View From The Podium, Arthur R. Landever
Law Faculty Articles and Essays
This article has offered survey results of the attitudes of lawyers who have made oral arguments at the U.S. Supreme Court. Respondents generally approve of the current process, find the justices relatively well prepared, and the questions generally useful. At the same time, they express some uncertainty about whether the oral argument phase had any impact in their particular cases. By and large, they take as a given, the important function of oral argument as a supplement to the written brief.