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Articles 1 - 14 of 14
Full-Text Articles in Law
Suing The Firm, Richard C. Reuben
Suing The Firm, Richard C. Reuben
Faculty Publications
Lawyers who once would rather take grievances against their firms to the grave are now taking them to court. Is it the death of professionalism or the dawning of accountability?
"X-Spurt" Witnesses, Richard H. Underwood
"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.
Yavapai-Prescott Indian Tribe Water Rights Settlement Of June 29, 1995, Yavapai-Prescott Indian Tribe Et Al
Yavapai-Prescott Indian Tribe Water Rights Settlement Of June 29, 1995, Yavapai-Prescott Indian Tribe Et Al
Native American Water Rights Settlement Project
Settlement Agreement: Yavapai-Prescott Indian Tribe Water Rights Settlement of June 29, 1995. Parties: Yavapai-Prescott Indian Tribe, AZ, US, City of Prescott & Chino Valley Irrigation District (CVID). The Tribe Prescott under a Water Services Agreement. The Tribe has the right to develop groundwater resources in accordance with a groundwater management plan developed by the Tribe for on-Reservation use. Reservation effluent may be used on Reservation or sold to off-reservation users. The Tribe’s use of settlement water on-reservation is unrestricted. Shortage management is addressed. The Tribe may develop a tribal water code. The Tribe may sell its CAP contract entitlement which …
The Fault Is In Ourselves, Roger J. Miner '56
Strategic Alliances: Emerging Trends In Future Corporate Business, Naresh Menghraj Gehi
Strategic Alliances: Emerging Trends In Future Corporate Business, Naresh Menghraj Gehi
LLM Theses and Essays
A strategic alliance is an arrangement for economic collaboration between firms at the same level of distribution, involving an exchange of critical skills aimed at buffering the core business strategy, technology, or markets of the partners. Research indicates that the care and thought of the strategic alliance partners increases with the importance of the venture to the strategic objectives of the entity. This paper describes the importance of strategic alliances in today’s competitive world. It examines the benefits of entering into strategic alliances, the legal implications of strategic alliances, and various industries where strategic alliances are dominant. Finally, this paper …
International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg
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 …
Introduction To Mortgage Lending Discrimination Law, Robert G. Schwemm
Introduction To Mortgage Lending Discrimination Law, Robert G. Schwemm
Law Faculty Scholarly Articles
Although mortgage lending discrimination and the laws that forbid it have been a part of the American landscape for over two decades, it has only been in recent years that this subject has captured the attention of the public, Congress, and federal enforcement officials. The result has been a tremendous upsurge in interest in this field. Still, there are relatively few cases that have been litigated to a conclusion on the merits, and fewer still that have resulted in plaintiff's victories. Thus, we find ourselves in an exciting period of great potential, but as yet not fully realized accomplishment, as …
Breathe Deeply: The Tort Of Smokers' Battery, Irene Scharf
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.
Foreword, J. Dennis Hynes
Refusals To Deal In "Locked-In" Health Care Markets Under Section 2 Of The Sherman Act After Eastman Kodak Co. V. Image Technical Services, James F. Ponsoldt
Refusals To Deal In "Locked-In" Health Care Markets Under Section 2 Of The Sherman Act After Eastman Kodak Co. V. Image Technical Services, James F. Ponsoldt
Scholarly Works
In the Kodak context, several common health care provider practices, previously challenged with varying results under traditional antitrust analysis, may be reexamined to focus upon the effect of refusals to deal in a secondary market with potential competitors in that secondary market. This Article focuses on three such practices: (1) the non-immunized revocation of hospital staff privileges for other than legitimate, quality-of-care motives; (2) the denial of hospital privileges to differentially credentialed, state-licensed providers; and (3) the closure of membership in comprehensive health care plans, such as preferred-provider organizations, combined with a refusal to deal with nonmembers. These practices should …
"Common Sense Legal Reforms Act" Takes Center Stage, Susan J. Becker
"Common Sense Legal Reforms Act" Takes Center Stage, Susan J. Becker
Law Faculty Articles and Essays
This article discusses the extensive and highly controversial civil litigation reforms in Congress, which have been approved largely along party lines in the House of Representatives.
Aba Delegates Amend Model Rule , Susan J. Becker
Aba Delegates Amend Model Rule , Susan J. Becker
Law Faculty Articles and Essays
The ABA House of Delegates has amended Model Rule 4.2 regarding whom attorneys may ethically contact directly during the course of litigation or other legal matters. This article discusses the ramifications of this change.
Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy
Evidentiary Use (And Misuse) Of The Civil Defendant's Financial Status, Karen M. Grundy
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz