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Series

1986

Practice and Procedure

Articles 1 - 4 of 4

Full-Text Articles in Law

Forum Non Conveniens: A Doctrine In Search Of A Role, Margaret G. Stewart Mar 1986

Forum Non Conveniens: A Doctrine In Search Of A Role, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.

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Civil Practice: Comparative Negligence, Jay C. Carlisle Jan 1986

Civil Practice: Comparative Negligence, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

Recent decisional law by the Court of Appeals has placed new limits on the applicability of article 14-A to some assumption of risk cases, to matters involving some labor law violations, and to violations of legal prohibitions. These limitations are important to the practitioner representing clients who seek to benefit from New York's comparative negligence statute.

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Getting A Full Bite Of The Apple: When Should The Doctrine Of Issue Preclusion Make An Administrative Or Arbitral Determination Binding In A Court Of Law?, Jay C. Carlisle Jan 1986

Getting A Full Bite Of The Apple: When Should The Doctrine Of Issue Preclusion Make An Administrative Or Arbitral Determination Binding In A Court Of Law?, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

In recent years, alternative means of dispute resolution have become important resources. Therefore, the question of when the determination of issues at administrative hearings and arbitrations should be granted preclusive effect in subsequent judicial litigations requires critical evaluation. Part I of this Article focuses on the general evolution of issue preclusion in New York. Part II discusses recent New York case law giving preclusive effect to administrative and arbitral issue determinations in subsequent state court proceedings. Part III analyzes the policy reasons for applying issue preclusion to administrative and arbitral issue determinations in such proceedings. Part IV concludes that the …

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Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank Jan 1986

Interjurisdictional Preclusion, Full Faith And Credit And Federal Common Law: A General Approach, Stephen B. Burbank

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No abstract provided.

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