Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

1990

Litigation

Institution
Keyword
Publication

Articles 31 - 39 of 39

Full-Text Articles in Law

Automobile Accident Litigation In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Robert D. Monfort Jan 1990

Automobile Accident Litigation In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Robert D. Monfort

Continuing Legal Education Materials

A practitioner's handbook that walks attorneys through the litigation processes arising from automobile accidents and related issues.


Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier Jan 1990

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 …


The Use Of Anti-Suit Injunctions In International Litigation, George A. Bermann Jan 1990

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 …


The Influence Of Litigation Costs On Deterrence Under Strict Liability And Under Negligence, Keith N. Hylton Jan 1990

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.


Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar Jan 1990

Gideon V. Wainwright A Quarter-Century Later, Yale Kamisar

Articles

In a brief working paper sent to all conference participants, Professor Burt Neuborne suggested that we might consider several themes, among them "Gideon Celebrated," "Gideon Fulfilled," and "Gideon Betrayed." I think these are useful headings.


Book Review, Mark J. Loewenstein Jan 1990

Book Review, Mark J. Loewenstein

Publications

No abstract provided.


The Devolution Of The Legal Profession: A Demand Side Perspective, Ronald J. Gilson Jan 1990

The Devolution Of The Legal Profession: A Demand Side Perspective, Ronald J. Gilson

Faculty Scholarship

Economic analysis has not played a significant role in the increasingly intense debate over the decline of professionalism among lawyers.Economists' lack of interest in the issue may be understandable. The lawyers' lament is that the legal profession is devolving into the business of law. That this concern has not captured the economists' attention may reflect only that economists do not view the label "business" as a pejorative. If becoming a business means efficiently rendering an important service in a competitive environment, then of what is there to complain?

Lawyers, more directly concerned with maintaining their professional status, would find little …


The Constitutional Right To Expert Assistance For Indigents In Civil Cases, David Medine Jan 1990

The Constitutional Right To Expert Assistance For Indigents In Civil Cases, David Medine

Articles by Maurer Faculty

No abstract provided.


The Case In Support Of Legislation Facilitating The Consolidation Of Mass-Accident Litigation: A View From The Legislature, Charles G. Geyh, Robert W. Kastenmeier Jan 1990

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.