Law Commons^™

The Role Of Federal Safety Regulations In Products Liability Actions, Teresa M. Schwartz

Vanderbilt Law Review

Product safety is the province of both the regulatory and the tort systems. Each system has come under attack in recent years on both the federal and state levels. Through its regulatory policies, appointments, and budget cuts, the Reagan Administration has weakened the federal regulatory system.' At the same time, the Administration has severely criticized the tort system. State legislatures have enacted a myriad of statutes that weaken the tort system by cutting back on the common-law rights of victims, and additional measures are pending in Congress and in state legislatures across the country.'

For the most part, proponents of …

Consent Decrees And The Rights Of Third Parties, Larry Kramer

Michigan Law Review

I begin in Part I by describing the dynamics of the consent decree process: why parties want consent decrees and why courts agree to enforce them. On the basis of this description, I construct a model of the consent decree as a device that encourages settlement by facilitating enforcement of the parties' agreement.

The remainder of the article then applies this model to third-party claims. Part II considers whether there is any reason to prevent third parties from bringing an independent action attacking a consent decree. Part II concludes that the collateral attack bar is a form of abstention, serving …

Digging For The Missing Link, John E. Kennedy

Vanderbilt Law Review

Around the year 1200, in the ecclesiastical court, Martin, a rector,sued "the parishioners of Nuthamstead." In 1315, in the exchequer court, two individuals sued "'the rich burgesses'" of Scarborough "'for themselves and the rest of the middling and poor burgesses'" of that town.' Are there any connections between these examples of medieval group litigation and modern American class actions?

In answering "yes" to this question, Stephen Yeazell has given the legal community a book of substantial significance. By exploring English history from the beginning, he has rediscovered missing links in the ancestral chain of litigation prototypes. Yeazell's discovery is impressive, …

Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock

Seattle University Law Review

This Article will focus on two decisions of the Washington Supreme Court illustrating the unfortunate expansion of certain hearsay exceptions in order to accommodate truth, show that the expansion could have been avoided had Washington adopted a "general" exception comparable to that found in the Federal Rules of Evidence, and propose the adoption of an exception shorn of the defects of the rejected federal version.

Back To The Future: Use Of Percentage Fee Arrangements In Common Fund Litigation, Bennet A. Mcconaughy

Seattle University Law Review

The premise of this Article is that common fund litigation will be most efficiently and beneficially prosecuted if attorney fees are awarded under a methodology that makes parallel the interests of counsel in the fee award and of the class in the recovery. The Article examines the historical uses of the percentage fee, the development of and problems with, hourly based methods of computing fees, and the renewed trend toward the use of percentage fee awards. It concludes that, unlike hourly based methodologies, percentage fee arrangements align the interests of counsel with the interests of both the class and the …

Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler

Seattle University Law Review

This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …

Medical Surveillance Damages: A Solution To The Inadequate Compensation Of Toxic Tort Victims, Alan T. Slagel

Indiana Law Journal

No abstract provided.

Litigation, J. Wheaton

California Regulatory Law Reporter

No abstract provided.

Res Judicata Redux, Timothy Pinos

Osgoode Hall Law Journal

In an incisive analysis of the questions of relitigation, division of claims, and multiplicity of claims, the article reexamines the various principles subsumed under the doctrine of res judicata. The revealing analysis of these principles - cause of action estoppel, abuse of process, and issue estoppel as well as non-mutual estoppel - shows that some are in need of reformulation while other requirements of these principles should be discarded.

Case Digests: The Law Of Higher Education In West Virginia, Deborah L. Miller, Paul L. Weber

West Virginia Law Review

No abstract provided.

Litigation, J. Wheton

California Regulatory Law Reporter

No abstract provided.

Antidegradation And Nonpoint Source Pollution In The West, H. Michael Anderson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

31 pages.

Contains references.

Timber Harvesting On Private Lands: The Washington Timber– Fish–Wildlife Agreement, John P. Mcmahon

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains 3 pages of references.

Soil Erosion, Agrichemicals And Water Quality: A Need For A New Conservation Ethic?, Christine Olsenius

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains references.

The San Joaquin–Sacramento Delta, David R. Beringer

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

20 pages.

Contains 2 pages of references.

The 1987 Nonpoint Source Pollution Amendments And State Progress Under The New Program, John H. Davidson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

143 pages.

Contains 4 pages of references.

Public Land Livestock Grazing, Water Quality And Riparian Ecosystems: The Evolving Legal And Technical Context, Richard H. Braun

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

8 pages.

Contains 1 page of references.

Legal Issues: San Francisco Bay, Sacramento-San Joaquin River Delta And Estuary, Stuart L. Somach

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

48 pages.

Contains footnotes.

Bay/Delta Standards Memorandum And Exhibits, Thomas J. Graff

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

47 pages.

Federal Groundwater Quality Control: Law And Policy, Robert L. Glicksman

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

56 pages.

Contains references.

Water Rights Implications Of Water Quality Regulation In Colorado, Lawrence J. Macdonnell

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

40 pages.

Effects Of Upstream Transfers On Water Quality Permittees: A Summary Of Practical Problems And Solutions, Lee Kapaloski

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

19 pages.

Contains 3 pages of footnotes.

Effluent: Making Use Of A Valuable Resource In Arizona, Kathleen Ferris

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

40 pages.

Contains references.

Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

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

Protecting water quality is essential to preserve the many beneficial uses of western water resources. This conference addresses the dominant federal requirements in the Clean Water Act, including the important major revisions enacted by Congress in 1987, with special attention to western problems regarding nonpoint source pollution. Developments in groundwater quality regulation are considered, as are selected issues concerning the implications of state and federal water quality regulation for the traditional exercise of water rights.

Section 404: The Nasty Business Of The Clean Water Act, Oliver A. Houck

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

9 pages.

Contains references.

The Water Quality Legal Framework, William H. Rodgers Jr.

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

12 pages (includes illustrations).

Assessment Of Water Quality Progress And Problems In The West, David H. Getches

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

32 pages.

Contains references.

A Practitioner’S Perspective On Section 404 Permitting—Or—How To Survive The Daze From The Hazy Maze, Marcia M. Hughes

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

17 pages.

Contains footnotes and references.

Enforcement Issues In Water Pollution Control, Henry W. Ipsen

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

29 pages.

Pretreatment Issues, Sue Ellen Harrison

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

28 pages.

Contains references.