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Articles 1 - 30 of 39
Full-Text Articles in Law
The Use Of Risk Assessment Evidence To Prove Increased Risk And Alternative Causation In Toxic Tort Litigation, Michael S. Baram
The Use Of Risk Assessment Evidence To Prove Increased Risk And Alternative Causation In Toxic Tort Litigation, Michael S. Baram
Faculty Scholarship
Due to the difficulties of proving causation in most toxic tort suits, plaintiffs and defendants in toxic tort litigation have begun to develop and use scientifically sophisticated risk assessments as evidence in proving or disproving causation. This use has led to two new trends in tort liability. First, there is the trend in which risk assessment is used by plaintiffs to buttress claims for future injury or increased risk. Second, there is the trend in which risk assessment is used by defendants to establish that other factors caused, in whole or in part, plaintiffs’ injuries.
This article evaluates these two …
Legal Devices For Enhancing Water Diversion Opportunities Within The Appropriation System, David C. Hallford
Legal Devices For Enhancing Water Diversion Opportunities Within The Appropriation System, David C. Hallford
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
28 pages.
Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars
Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
31 pages (includes illustrations).
Contains references.
Water Agencies And Water Transfers In California: A Case Study Of The Kern County Water Agency, Brian E. Gray
Water Agencies And Water Transfers In California: A Case Study Of The Kern County Water Agency, Brian E. Gray
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
20 pages.
Contains references.
The Role Of Market Transfers In The Accommodation Of New Uses: A Case Study Of The Truckee-Carson Basin, A. Dan Tarlock
The Role Of Market Transfers In The Accommodation Of New Uses: A Case Study Of The Truckee-Carson Basin, A. Dan Tarlock
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
31 pages (includes 1 map).
The Role Of The Federal Energy Regulatory Commission In Protecting Non-Consumptive Water Uses, Peter J. Kirsch, J. Barton Seitz
The Role Of The Federal Energy Regulatory Commission In Protecting Non-Consumptive Water Uses, Peter J. Kirsch, J. Barton Seitz
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
55 pages.
Update On Market Strategies For The Protection Of Western Instream Flows And Wetlands, Robert Wigington
Update On Market Strategies For The Protection Of Western Instream Flows And Wetlands, Robert Wigington
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
49 pages.
Contains references.
Sources Of Water Iv: Tribal Water Rights, John E. Echohawk
Sources Of Water Iv: Tribal Water Rights, John E. Echohawk
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
10 pages.
Contains references.
Sources Of Water Iii: Interstate Transfers, Clyde O. Martz
Sources Of Water Iii: Interstate Transfers, Clyde O. Martz
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
35 pages.
Contains references.
Shifting The Uses Of Water In The West: An Overview, Lawrence J. Macdonnell
Shifting The Uses Of Water In The West: An Overview, Lawrence J. Macdonnell
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
31 pages.
Contains references.
Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.
Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.
The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …
Testing The Selection Effect: A New Theoretical Framework With Empirical Tests, Theodore Eisenberg
Testing The Selection Effect: A New Theoretical Framework With Empirical Tests, Theodore Eisenberg
Cornell Law Faculty Publications
Recent law and economics scholarship has produced much theoretical and empirical work on how and why legal disputes are settled and litigated. One of the most significant developments in this literature, attributable to the work of William Baxter and the combined efforts of George Priest and Benjamin Klein, has been the formation of a theory about both the selection of disputes for trial and the rates of success that plaintiffs enjoy for those cases that are resolved at trial. The basic theory contains two components. The selection effect refers to the proposition that the selection of tried cases is not …
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …
Dispute Processing And A Longitudinal Approach To Trial Courts, Lynn Mather
Dispute Processing And A Longitudinal Approach To Trial Courts, Lynn Mather
Journal Articles
This article suggests ways to integrate the insights and findings of two rather distinct fields: docket-based, longitudinal studies of trial courts and studies of dispute processing. In particular, I argue that longitudinal research on courts would benefit enormously from the incorporation of concepts and data on dispute processing. For example, instead of taking court cases as the starting point for study, longitudinal research should explore the multistage and transformative nature of disputing. Historical data should also be collected on the nature of the relationships between opposing litigants, on the roles played by participants other than the litigants (lawyers, supporters, audiences, …
Attitudes Toward Corporate Responsibility: A Psycholegal Perspective, Valerie P. Hans
Attitudes Toward Corporate Responsibility: A Psycholegal Perspective, Valerie P. Hans
Cornell Law Faculty Publications
One of the most striking phenomena in the contemporary legal world is the shift toward holding businesses and corporations responsible for harm. Legal theorists and historians maintain that today business corporations are expected to provide compensation for injuries that in earlier times would have been attributed to individuals or to fate. Furthermore, criminal charges against businesses and business executives are becoming commonplace.
Despite a good deal of legal scholarship on the shift toward holding businesses culpable for harms, psychologists have conducted little systematic research on public views of corporate responsibility. How do people conceptualize the civil liability or criminal responsibility …
Reassessing Rule 11 And Civil Rights Cases, Carl W. Tobias
Reassessing Rule 11 And Civil Rights Cases, Carl W. Tobias
Law Faculty Publications
The Advisory Committee on the Civil Rules amended Federal Rule of Civil Procedure (Rule 11) in August 1983 because of increasing concern about attorney abuses in civil lawsuits and about the so-called litigation explosion. The revision commands courts to sanction lawyers and parties who do not undertake reasonable prefiling inquiries. Certain aspects of the new version's implementation provoked substantial controversy which continued virtually undiminished from the amendment's August 1983 effective date at least until the fifth anniversary of its adoption. Perhaps most controversial was the question whether courts' application inhibited the pursuit of legitimate litigation, especially cases involving civil rights …
The Use Of Anti-Suit Injunctions In International Litigation, George A. Bermann
The Use Of Anti-Suit Injunctions In International Litigation, George A. Bermann
Faculty Scholarship
Of the various forms of provisional relief in the context of inter-national litigation, none has sparked as much interest and controversy as the international anti-suit injunction. In many ways the international anti-suit injunction, an instrument by which a court of one jurisdiction seeks to restrain the conduct of litigation in another jurisdiction, resembles more conventional forms of international provisional relief such as the foreign attachment or preliminary injunction. Like them, the anti-suit injunction affords courts an important opportunity to affect the course and significance of litigation abroad. However, such intervention strongly implies – and often actually creates – jurisdictional conflict …
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Proving Discrimination After Price Waterhouse And Wards Cove, Candace Kovacic-Fleischer
Articles in Law Reviews & Other Academic Journals
INTRODUCTION Anyone involved in litigation under Title VII of the Civil Rights Act of 19641 or similar state statutes may wonder what is entailed in proving or disproving discrimination after the United States Supreme Court's October 1988 Term. In fact, in the pending Civil Rights Act of 1990, Congress is considering reversing some of what the Supreme Court did during that Term. One of the issues that the Supreme Court addressed during the 1988 Term involved allocating burdens of proof in two major types of Title VII claims, dis- parate-treatment and disparate-impact. Price Waterhouse v. Hopkins, dealt with a disparate-treatment …
Hearsay: Part Ii, Paul C. Giannelli
Voices Heard In Jury Argument: Litigation And The Law School Curriculum, Michael E. Tigar
Voices Heard In Jury Argument: Litigation And The Law School Curriculum, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Book Review, Mark J. Loewenstein
The Case In Support Of Legislation Facilitating The Consolidation Of Mass-Accident Litigation: A View From The Legislature, Charles G. Geyh, Robert W. Kastenmeier
The Case In Support Of Legislation Facilitating The Consolidation Of Mass-Accident Litigation: A View From The Legislature, Charles G. Geyh, Robert W. Kastenmeier
Articles by Maurer Faculty
No abstract provided.
The Constitutional Right To Expert Assistance For Indigents In Civil Cases, David Medine
The Constitutional Right To Expert Assistance For Indigents In Civil Cases, David Medine
Articles by Maurer Faculty
No abstract provided.
Equitable Discretion To Dismiss Congressional-Plaintiff Suits: A Reassessment, Sophia Goodman
Equitable Discretion To Dismiss Congressional-Plaintiff Suits: A Reassessment, Sophia Goodman
Articles by Maurer Faculty
The United States Court of Appeals for the District of Columbia Circuit has devised a doctrine called equitable
discretion to screen congressional-plaintiff suits. The Author argues that the doctrine should be abandoned. She proposes that the courts be guided by existing standng principles in deciding whether to hear these cases.
The Influence Of Litigation Costs On Deterrence Under Strict Liability And Under Negligence, Keith N. Hylton
The Influence Of Litigation Costs On Deterrence Under Strict Liability And Under Negligence, Keith N. Hylton
Faculty Scholarship
This paper examines the influence of litigation costs on deterrence under strict liability and under negligence. By deterrence, I refer to the effect of the threat of liability on the care exercised by potential injurers. More precisely, this paper takes litigation costs as given and examines the social desirability of the levels of care exercised under negligence and under strict liability.
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Scholarly Works
As the juxtaposition of these quotations suggests, judges have long held disparate views on the legitimacy and value of “public policy” considerations as a basis for legal decision making. The popular notion posits that Justice Holmes and legal realists carried the day, making public policy analysis an ordinary part of the adjudication process. The story, of course, is more complex than this legal version of Don Quixote. Many judges and lawyers, including Justice Holmes in other writings, continued to speak of adjudication in more formalist and positivist terms, with most laypersons in apparent agreement. Judge Burroughs' view of public policy …
Hearsay: Part Iii, Paul C. Giannelli
Hearsay: Part I, Paul C. Giannelli
Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier
Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier
Articles
Public risks are precisely the risks that have recently captured the attention of the legal community and the world at large, in no small part because they give rise to such novel problems for lawyers and such grave apprehensions among lay people. Public risks have moved the legal system to relax doctrines--regarding, for example, standards of causation and culpability, burdens of proof, sharing of liability--that were designed to deal with the private risks that once dominated the landscape. And public risks have moved lay people to intensify their demands for risk control measures. These developments suggest that public risks are …
Clinical Realism: Simulated Hearings Based On Actual Events In Students' Lives, Samuel R. Gross
Clinical Realism: Simulated Hearings Based On Actual Events In Students' Lives, Samuel R. Gross
Articles
This essay describes a novel clinical format, a simulation course that is based on students' testimony about actual events in their own lives. The two main purposes of the course, however, are not novel. First, I aim to teach the students to be effective trial lawyers by instructing them in the techniques of direct examination and cross-examination and by making them sensitive to the roles of the other courtroom players: the witness, the judge, and the jury. Second, I hope to encourage the students to think about the social and ethical consequences of our method of trying lawsuits.