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1989

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Litigation

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Articles 1 - 30 of 46

Full-Text Articles in Law

American Acceptance Of The Jurisdiction Of The International Court Of Justice: Experiences And Prospects, Louis B. Sohn Dec 1989

American Acceptance Of The Jurisdiction Of The International Court Of Justice: Experiences And Prospects, Louis B. Sohn

Scholarly Works

The International Court of Justice ("ICJ" or "Court") is the successor to both the Permanent Court of Arbitration and the Permanent Court of International Justice. Before the first court was established in 1899, only ad hoc tribunals existed. This was due to a basic fact of international law that international tribunals possessed jurisdiction only if the parties to the case conferred it on the tribunal either for that case or previously by an international agreement. Therefore, the great problem of international law today is how to confer as much jurisdiction on the international court as possible. Now that the use …


Urban Air Quality Litigation Under The Clean Air Act: Past, Present And Future, David S. Baron Nov 1989

Urban Air Quality Litigation Under The Clean Air Act: Past, Present And Future, David S. Baron

Air Quality Protection in the West (November 27-28)

20 pages.

Contains footnotes.


Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center Nov 1989

Agenda: Air Quality Protection In The West, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Protection in the West (November 27-28)

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professor Mark S. Squillace.

Visibility, acid rain, air toxics, and urban air pollution are the topics of an upcoming Center conference on air quality in the West. The conference will be held at the School of Law in Boulder on November 27-28, 1989. Presentations will describe the nature and scope of the issues, the existing legal framework and experience with its implementation, and proposed changes in the law. Emphasis will be placed on air quality issues in the West and efforts underway to address these problems. Special …


Strategies To Overcome Agency Recalcitrance Under The Federal Clean Air Act: The Acid Rain Litigation Experience, David R. Wooley Nov 1989

Strategies To Overcome Agency Recalcitrance Under The Federal Clean Air Act: The Acid Rain Litigation Experience, David R. Wooley

Air Quality Protection in the West (November 27-28)

12 pages.


Transboundary Air Pollution: The Legal Framework, Mark S. Squillace Nov 1989

Transboundary Air Pollution: The Legal Framework, Mark S. Squillace

Air Quality Protection in the West (November 27-28)

12 pages (includes illustrations).

Contains footnotes.


The Jury's Response To Business And Corporate Wrongdoing, Valerie P. Hans Oct 1989

The Jury's Response To Business And Corporate Wrongdoing, Valerie P. Hans

Cornell Law Faculty Publications

Some of the most vociferous criticisms of the jury relate to its performance in cases involving business and corporate wrongdoing. The jury's competence in such cases is assaulted on a variety of fronts. Critics question the jury's factfinding ability in cases with business and corporate parties, and doubt whether lay jurors can understand the often complex and esoteric evidence of business wrongdoing. Others claim that bias and prejudice, rather than evidence, determine jury decisions about businesses and corporations. The presumed biases cut both ways. The generally positive regard in which the public holds business is credited with creating leniency toward …


Market Share - A Tale Of Two Centuries, Aaron Twerski Oct 1989

Market Share - A Tale Of Two Centuries, Aaron Twerski

Faculty Scholarship

No abstract provided.


A Colorado River Basin Authority: Opportunity For Sharing River Basin Management And Resources, David H. Getches Jun 1989

A Colorado River Basin Authority: Opportunity For Sharing River Basin Management And Resources, David H. Getches

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

32 pages.

Contains references.


Coordinated Water Management In A Basin With Erratic Surface Supplies: The Law North And South Of The Pecos, Charles T. Dumars Jun 1989

Coordinated Water Management In A Basin With Erratic Surface Supplies: The Law North And South Of The Pecos, Charles T. Dumars

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

11 pages.

Contains references.


The Delaware River Basin: Courts, Compacts And Commissions, R. Timothy Weston Jun 1989

The Delaware River Basin: Courts, Compacts And Commissions, R. Timothy Weston

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

112 pages (includes illustrations and 1 map).

Contains references.


State Resource Sovereignty In A Post-Sporhase World: The Hueco Bolson, A. Dan Tarlock Jun 1989

State Resource Sovereignty In A Post-Sporhase World: The Hueco Bolson, A. Dan Tarlock

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

30 pages.

Contains references.


Montana’S Response To Interjurisdictional Marketing Challenges, Deborah Beaumont Schmidt Jun 1989

Montana’S Response To Interjurisdictional Marketing Challenges, Deborah Beaumont Schmidt

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

20 pages.

Contains references.


Unique Legal Issues Raised By Long Distance Water Transfer Proposals: Etsi, The Columbia River, Nawapa, Ralph W. Johnson Jun 1989

Unique Legal Issues Raised By Long Distance Water Transfer Proposals: Etsi, The Columbia River, Nawapa, Ralph W. Johnson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

12 pages.

Contains references.


Marketing Of Indian Reserved Water Rights, Jeanne S. Whiteing Jun 1989

Marketing Of Indian Reserved Water Rights, Jeanne S. Whiteing

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

10 pages.


Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson Jun 1989

Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.


Allocation And Use Of International Rivers: Recent Developments In International Law, Daniel Barstow Magraw Jun 1989

Allocation And Use Of International Rivers: Recent Developments In International Law, Daniel Barstow Magraw

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

26 pages.

Contains references.


The Colorado River Compact: A Breeding Ground For International, National, And Interstate Controversies, John U. Carlson Jun 1989

The Colorado River Compact: A Breeding Ground For International, National, And Interstate Controversies, John U. Carlson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

38 pages.

Contains references.


Arkansas River Controversy, David W. Robbins Jun 1989

Arkansas River Controversy, David W. Robbins

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

14 pages.


Interstate Allocation Of The Platte River, J. David Aiken Jun 1989

Interstate Allocation Of The Platte River, J. David Aiken

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

27 pages.

Contains references.


Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe Jun 1989

Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.


Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf Jun 1989

Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

53 pages.

Contains references.


Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita Jun 1989

Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

70 pages.


Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center Jun 1989

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

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

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …


Responses To Corporate Versus Individual Wrongdoing, Valerie P. Hans, M. David Ermann Jun 1989

Responses To Corporate Versus Individual Wrongdoing, Valerie P. Hans, M. David Ermann

Cornell Law Faculty Publications

For many years, researchers assumed that the public was indifferent to corporate wrongdoing, but recent surveys have discovered evidence to the contrary. Taking insights from these data a step further, this study employed an experimental design to examine whether people responded differently to corporate versus individual wrongdoers. We varied the identity of the central actor in a scenario involving harm to workers. Half the respondents were informed that a corporation caused the harm; the remainder were told that an individual did so. Respondents applied a higher standard of responsibility to the corporate actor. For identical actions, the corporation was judged …


Litigation Models And Trial Outcomes In Civil Rights And Prisoner Cases, Theodore Eisenberg Apr 1989

Litigation Models And Trial Outcomes In Civil Rights And Prisoner Cases, Theodore Eisenberg

Cornell Law Faculty Publications

In ideal circumstances, court cases are won or lost on their merits. But litigation does not proceed free from external social factors or from the characteristics of the participants. Factors other than the merits of cases, therefore, may help explain litigation outcomes and selection of disputes for trial. Possible factors include judge or jury bias, regional influence, the type of case, the quality of counsel, and the nature and resources of plaintiffs and defendants.

This Article uses both impressionistic conjecture about litigation and formal litigation theory to develop and test hypotheses about factors affecting outcomes in civil rights and prisoner …


What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab Apr 1989

What Shapes Perceptions Of The Federal Court System?, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications

Two hundred years is a long time. It is too long after formation of a court system to ask such basic questions as (1) what cases occupy the system, and (2) whether even informed professionals have a reasonable picture of what goes on within the system. Nonetheless, continuing debate about the volume and makeup of litigation in general and of federal court litigation in particular requires legal scholars to address these questions. Professor Marc Galanter's work on the litigation explosion questions central assumptions about the nature and growth of the federal docket. Our prior work undermines widely held views about …


Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow Apr 1989

Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow

Faculty Scholarship

No abstract provided.


The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells Apr 1989

The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells

Scholarly Works

The thesis of this Article is that substantive factors exert a powerful and often unrecognized influence over the resolution of jurisdictional issues, and have done so throughout our history. The chief substantive factors at issue are the government's interest iin regulating behavior on the one hand, and the individual's interest in enforcing constitutional restraints upon government on the other. Part I of this Article examines the relationship between jurisdictional rules and substantive consequences, Part II describes the Court's conventional account of federal courts doctrine in terms of jurisdictional policy and institutional roles, and Part III shows that the reasons set …


Equivalent Deterrence: A Proposed Alternative To The Exclusionary Rule In Criminal Proceedings, Robert M. Hardaway Jan 1989

Equivalent Deterrence: A Proposed Alternative To The Exclusionary Rule In Criminal Proceedings, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Perhaps no other area of American jurisprudence is as controversial as the exclusionary rule. Rejected by all other civilized countries2 and held in contempt by much of the American public, the rule reached its zenith during the Warren Court, only to be chipped away a little at a time by the Burger Court. Indeed, if the rule is ever to die, it seems destined to go out with a whimper rather than a bang. . .


Bowen V. Massachusetts: The "Money Damages Exception" To The Administrative Procedure Act And Grant-In-Aid Litigation, Cynthia Grant Bowman Jan 1989

Bowen V. Massachusetts: The "Money Damages Exception" To The Administrative Procedure Act And Grant-In-Aid Litigation, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.