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1992

Litigation

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Articles 1 - 30 of 71

Full-Text Articles in Law

Trial Practice And Procedure, David A. Forehand Jr., Ken M. Nimmons Dec 1992

Trial Practice And Procedure, David A. Forehand Jr., Ken M. Nimmons

Mercer Law Review

The majority of a trial lawyer's work is completed before the jury is placed in the box. The extent of trial preparation is the only means by which one* can arguably predict success. The authors of this Article hope that the reader will view the law of trial practice and procedure as modern day weaponry in the war to preserve justice. To paraphrase Mark Twain, it is a worthy thing to fight one's own fight; it is another sight finer to fight for another man's.


What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein Nov 1992

What's Standing After Lujan? Of Citizen Suits, "Injuries," And Article Iii, Cass R. Sunstein

Michigan Law Review

In this article, I have two principal goals. The first is to explain why Lujan's invalidation of a congressional grant of standing is a misinterpretation of the Constitution. It is now apparently the law that Article III forbids Congress from granting standing to "citizens" to bring suit. But this view, building on an unfortunate innovation in standing law by Justice William 0. Douglas, is surprisingly novel. It has no support in the text or history of Article III. It is essentially an invention of federal judges, and recent ones at that. Certainly it should not be accepted by judges ...


A Study In The Choice Of Form: Statutes Of Limitation And The Doctrine Of Laches, Gail L. Heriot Nov 1992

A Study In The Choice Of Form: Statutes Of Limitation And The Doctrine Of Laches, Gail L. Heriot

BYU Law Review

No abstract provided.


Litigation, E. D'Angelo Oct 1992

Litigation, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Law School Support For Community-Based Economic Development In Low-Income Urban Neighborhoods, Jeffrey S. Lehman, Rochelle E. Lento Oct 1992

Law School Support For Community-Based Economic Development In Low-Income Urban Neighborhoods, Jeffrey S. Lehman, Rochelle E. Lento

Cornell Law Faculty Publications

No abstract provided.


Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett Sep 1992

Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett

Brigham Young University Journal of Public Law

No abstract provided.


Litigation, E. D'Angelo Jul 1992

Litigation, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Appellate Practice And Procedure, Kathryn L. Allen, William M. Droze Jul 1992

Appellate Practice And Procedure, Kathryn L. Allen, William M. Droze

Mercer Law Review

This survey Article tracks the 1991 developments in appellate practice and procedure for the United States Court of Appeals for the Eleventh Circuit.

  • Jurisdiction
  • Standard of Review
  • Waiver of Right to Appellate Consideration and Harmless Error
  • Miscellaneous Issues: Authority of the Court of Appeals


Trial Practice And Procedure, Benton J. Mathis Jr., Leigh C. Lawson Jul 1992

Trial Practice And Procedure, Benton J. Mathis Jr., Leigh C. Lawson

Mercer Law Review

This Article surveys the 1991 decisions of the Eleventh Circuit Court of Appeals that made a significant impact upon the area of trial practice and procedure. One of the most important developments in this area of law occurred in the case Wright v. Preferred Research, Inc. In Wright the Eleventh Circuit examined closely Federal Rule of Civil Procedure 58 and, in a case of first impression, held that when a district court amends a judgment, Rule 58 did not require that a separate document, setting out the terms of the remitted judgment, be entered before the time for the appeal ...


Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg Jul 1992

Trial By Jury Or Judge: Transcending Empiricism, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Pity the civil jury, seen by some as the sickest organ of a sick system. Yet the jury has always been controversial. One might suppose that, with so much at stake for so long, we would all know a lot about the ways juries differ from judges in their behavior. In fact, we know remarkably little. This Article provides the first large-scale comparison of plaintiff win rates and recoveries in civil cases tried before juries and judges. In two of the most controversial areas of modern tort law--product liability and medical malpractice--the win rates substantially differ from other cases' win ...


Ground Water Contamination: What You Need To Know, David B. Mcwhorter Jun 1992

Ground Water Contamination: What You Need To Know, David B. Mcwhorter

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

14 pages.

Contains references.


Quality Meets Quantity: San Gabriel Valley, California: The Metropolitan Water District Of Southern California Proposal, Thomas M. Stetson Jun 1992

Quality Meets Quantity: San Gabriel Valley, California: The Metropolitan Water District Of Southern California Proposal, Thomas M. Stetson

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

19 pages (includes illustrations and maps).

Contains footnotes.


Regional Water Supply Aspects Of San Gabriel Basin Superfund Process, Victor E. Gleason Jun 1992

Regional Water Supply Aspects Of San Gabriel Basin Superfund Process, Victor E. Gleason

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

19 pages (includes maps).


Transport Modeling – Technical And Legal Issues, Adrian Brown Jun 1992

Transport Modeling – Technical And Legal Issues, Adrian Brown

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

27 pages.

Contains footnotes.


The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David M. Brown Jun 1992

The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David M. Brown

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

12 pages.


Litigation In Texas Re: The Edwards Aquifer And Water Rights, Douglas G. Caroom Jun 1992

Litigation In Texas Re: The Edwards Aquifer And Water Rights, Douglas G. Caroom

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

18 pages.


Endangered Species: The Edwards Aquifer Litigation, Stuart N. Henry Jun 1992

Endangered Species: The Edwards Aquifer Litigation, Stuart N. Henry

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

7 pages.


Data, Correspondence, Reports, And Exhibits For Ground Water Rights Cases (Or, Challenges In Developing And Presenting Data To Support A Ground Water Rights Case), Robert E. Brogden Jun 1992

Data, Correspondence, Reports, And Exhibits For Ground Water Rights Cases (Or, Challenges In Developing And Presenting Data To Support A Ground Water Rights Case), Robert E. Brogden

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

17 pages.


Data, Correspondence, Reports And Exhibits For Groundwater Quality/Hazardous Waste Cases: File Preparation And Maintenance, James M. Kerr, Jr. Jun 1992

Data, Correspondence, Reports And Exhibits For Groundwater Quality/Hazardous Waste Cases: File Preparation And Maintenance, James M. Kerr, Jr.

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

7 pages.


Depositions And Oral Testimony [Outline], M.E. (Sandy) Macdougall Jun 1992

Depositions And Oral Testimony [Outline], M.E. (Sandy) Macdougall

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

16 pages.


Pre-Trial Case Preparation In Complex Groundwater Litigation: The Lawyer’S Role, Michael D. Shimmin Jun 1992

Pre-Trial Case Preparation In Complex Groundwater Litigation: The Lawyer’S Role, Michael D. Shimmin

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

12 pages.


Case Preparation: The Expert Witness’ Role, Bruce E. Kroeker Jun 1992

Case Preparation: The Expert Witness’ Role, Bruce E. Kroeker

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

9 pages.


The View From The Bench: The Perspective Of A Water Judge, Robert A. Behrman Jun 1992

The View From The Bench: The Perspective Of A Water Judge, Robert A. Behrman

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

9 pages.


Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association Jun 1992

Agenda: Uncovering The Hidden Resource: Groundwater Law, Hydrology And Policy In The 1990s, University Of Colorado Boulder. Natural Resources Law Center, Rocky Mountain Ground-Water Conference (1992), Colorado Ground-Water Association

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

Sponsored by Natural Resources Law Center, University of Colorado School of Law and the Rocky Mountain Ground-Water Conference, organized by the Colorado Ground-Water Association.

Faculty for the conference included University of Colorado School of Law professor Lawrence J. MacDonnell.

Nearly half the people in the United States rely on groundwater as their primary water source. As demands for groundwater grow, it becomes increasingly important for lawyer and technical professionals to understand the legal and hydrologic issues arising in groundwater development, use, and protection. These issues will be the focus of the Center's thirteenth annual summer program, June 15-17, 1992 ...


Aquifer/Stream Relationships And Aquifer Recharge, Robert A. Longenbaugh Jun 1992

Aquifer/Stream Relationships And Aquifer Recharge, Robert A. Longenbaugh

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

13 pages.

Contains references.


The Legal Framework For Aquifer Issues, Douglas L. Grant Jun 1992

The Legal Framework For Aquifer Issues, Douglas L. Grant

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

20 pages.

Contains references.


Exporting Ground Water From Colorado’S San Luis Valley: Awdi’S Nontributary Claim, Eric J. Harmon Jun 1992

Exporting Ground Water From Colorado’S San Luis Valley: Awdi’S Nontributary Claim, Eric J. Harmon

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

12 pages.

Contains 1 page of references.


Selected Legal Issues Relating To Application Of American Water Development, Inc., Case No. 86 Cw 46, Water Division No. 3, Colorado, Charles B. White Jun 1992

Selected Legal Issues Relating To Application Of American Water Development, Inc., Case No. 86 Cw 46, Water Division No. 3, Colorado, Charles B. White

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

13 pages.


The State Of Colorado’S Perspective On The American Water Development, Inc. (Awdi) Proposal For Exporting Groundwater From The San Luis Valley [Outline], Steven E. Vandiver Jun 1992

The State Of Colorado’S Perspective On The American Water Development, Inc. (Awdi) Proposal For Exporting Groundwater From The San Luis Valley [Outline], Steven E. Vandiver

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

3 pages.


Meeting Urban Water Demands In Nevada, The Las Vegas Proposal, Terry Katzer, Kay Brothers Jun 1992

Meeting Urban Water Demands In Nevada, The Las Vegas Proposal, Terry Katzer, Kay Brothers

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

10 pages (includes map).

Contains references.