Law Commons^™

State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

"X-Spurt" Witnesses, Richard H. Underwood

Law Faculty Scholarly Articles

In this article the author pulls together a history of expert witnesses in common law systems. Various issues are explored regarding expert witness testimony, including: the historical underpinnings of the practice, how Daubert controls that issue in modern times, rules of evidence, psychological science, and professional ethics.

Exorcising The Evil Of Forum-Shopping, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Most of the business of litigation comprises pretrial disputes. A common and important dispute is over where adjudication should take place. Civil litigators deal with nearly as many change-of-venue motions as trials. The battle over venue often constitutes the critical issue in a case.

The American way is to provide plaintiffs with a wide choice of venues for suit. But the American way has its drawbacks. To counter these drawbacks, an integral part of our court systems, and in particular the federal court system, is the scheme of transfer of venue "in the interest of justice." However, the leading evaluative …

The Court Vs. Educational Standards, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Washington State Initiatives For Sustainable Water Use, Kenneth O. Slattery

Sustainable Use of the West's Water (Summer Conference, June 12-14)

8 pages.

Conservation At The Zuni Pueblo: Lessons In Sustainability, James E. Enote

Sustainable Use of the West's Water (Summer Conference, June 12-14)

7 pages.

Contains references.

Managing Reclamation Facilities For Ecosystem Benefits, Lawrence J. Macdonnell

Sustainable Use of the West's Water (Summer Conference, June 12-14)

26 pages.

Contains references.

The Debate: Are Water Rights And Sustainable Water Use Compatible?, Stuart L. Somach

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Contains footnotes and references.

Regional Water Planning In New Mexico: An Opportunity For Citizen Involvement In State Government, Lucy Moore

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Contains references.

Sustainable Use Of The Denver Basin, Charles B. White

Sustainable Use of the West's Water (Summer Conference, June 12-14)

20 pages.

Contains footnotes.

A Response To Kansas V. Colorado: Sustainable Use Of The Arkansas River, David L. Harrison

Sustainable Use of the West's Water (Summer Conference, June 12-14)

17 pages (includes 1 folded map).

A Meeting Of Opposites—Is Sustainable Use Of The Columbia River Possible?, John M. Volkman

Sustainable Use of the West's Water (Summer Conference, June 12-14)

47 pages.

Contains footnotes.

Arizona Water Management: New Problems And New Solutions, Herb Dishlip

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center

Sustainable Use of the West's Water (Summer Conference, June 12-14)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Teresa A. Rice, Elizabeth A. Rieke and Charles F. Wilkinson.

Sustainable development is on the policy agenda for the '90s. What does sustainability mean? Is it a realistic concept? Are water rights compatible with sustainable use? The Center's 16th annual summer conference will explore the meaning of sustainability in the context of the West's demands, development, and natural values. Presentations by leading experts will address the broad concept of sustainable development, with a particular look at Arizona's experience. The focus will be …

Politics, Engineering And Aridity—Sustainable Use Of Water In Arizona, Michael J. Brophy

Sustainable Use of the West's Water (Summer Conference, June 12-14)

26 pages (includes illustrations).

Sustainable Use Of Natural Resources: A Native American Perspective, Ted Strong

Sustainable Use of the West's Water (Summer Conference, June 12-14)

27 pages.

Contains footnotes.

Politics And The Judiciary: The Influence Of Judicial Background On Case Outcomes, Orley Ashenfelter, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications

It is widely believed that the background and worldview of judges influence their decisions. This article uses the fact that judges are assigned their cases randomly to assess the effect of judicial background on the outcome of cases from the day-to-day docket in three federal trial courts. Unlike the political science findings of ideological influence in published opinions, we find little evidence that judges differ in their decisions with respect to the mass of case outcomes. Characteristics of the judges or the political party of the judge's appointing president are not significant predictors of judicial decisions.

Optimal Issue Separation In Modern Products Liability Litigation, James A. Henderson Jr., Fred Bertram, Michael J. Toke

Cornell Law Faculty Publications

No abstract provided.

The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi

Cornell Law Faculty Publications

This Essay surveys three major transformations in state and federal rules of evidence since the introduction of the Federal Rules of Evidence. The Rules have not only inspired a movement toward codification in the states, they have also liberalized the admission of expert testimony and hearsay. This partially explains thirteen states' reluctance to codify. Judges have furthered this trend by admitting far more discretionary hearsay evidence than Congress intended. Professor Rossi doubts this expansion of the hearsay exceptions would have occurred without the adoption of the FRE and suggests that the newly formed Advisory Committee will produce greater substantive changes …

Settlement Class Actions And The Limits Of Adjudication, James A. Henderson Jr.

Cornell Law Faculty Publications

This paper is the Comment for a symposium on Individualized Justice, Mass Torts, and "Settlement Class Actions."

Mass Torts And The Rhetoric Of Crisis, John A. Siliciano

Cornell Law Faculty Publications

No abstract provided.

"Show And Tell": An Analysis Of The Scope Of The Attorney-Client Waiver Standards, Roberta M. Harding

Law Faculty Scholarly Articles

As today's society becomes increasingly litigious, document productions, a major discovery tool, are growing larger. One inevitable consequence of this phenomenon is the increased risk that communications protected by the attorney-client privilege may be inadvertently disclosed. Privileged communications may also be disclosed to an adversary under more questionable circumstances: specifically, the intentional, strategic disclosure of privileged information favorable to the disclosing party's position.

In any case involving the disclosure of privileged information, the court must initially decide whether the privilege is waived. To resolve this threshold issue courts apply one of the three waiver tests. If a court decides that …

Ex Post ≠ Ex Ante: Determining Liability In Hindsight, Kim A. Kamin, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Participants in three conditions (foresight, hindsight, and a modified hindsight condition designed to ameliorate the hindsight effect) assessed whether a municipality should take, or have taken, precautions to protect a riparian property owner from flood damage. In the foresight condition, participants reviewed evidence in the context of an administrative hearing. Hindsight participants reviewed parallel materials in the context of a trial. Three quarters of the participants in foresight concluded that a flood was too unlikely to justify further precautions—a decision that a majority of the participants in hindsight found to be negligent. Participants in hindsight also gave higher estimates for …

International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg

LLM Theses and Essays

Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …

Vexatious Litigation As Unfair Competition And The Applicability Of The Noerr-Pennington Doctrine, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf

Faculty Publications

This Article explores the long and faltering history of attempts to impose liability on tobacco product manufactures. Part II traces the manufacturers' historical and current actions of targeting youth through both promotions and deceptive advertising. Part III argues in favor of an expanded cause of action against the manufacturers for the intentional tort of battery. Part IV discusses the prospect of awards of punitive damages in these cases, and the Epilogue summarizes other advantages of the battery cause of action.

What I Tell You Three Times Is True: U.S. Courts And Pre-Award Interim Measures Under The New York Convention, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Metaphors are not pretty figures of speech; they affect the way people within cultures perceive reality. It is therefore significant that the metaphors most commonly used for the adversary system center on war and sports. This tends to over-emphasize the competitive aspects of litigation and disguise opportunities for more cooperative behavior. This article collects and analyzes those metaphors, and discusses the reasons for their powerful hold on legal culture. It also considers some of the negative effects of the metaphorical system and speculates about whether we could find and nurture alternative metaphors.