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Articles 1 - 21 of 21
Full-Text Articles in Law
Trial Practice And Procedure, David A. Forehand Jr., Ken M. Nimmons
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
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
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
Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett
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
Appellate Practice And Procedure, Kathryn L. Allen, William M. Droze
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
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 …
Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith
Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith
Michigan Law Review
This Note seeks to predict the direction and magnitude of the change in settlement frequency under the three fee-shifting rules: American, British, and the British rule as modified by the PCC. Part I analyzes the proposed rule using the theoretical model of litigation and settlement developed by Hause. Part II examines the impact of fee-shifting when the plaintiff's lawyer receives reimbursement via a contingency fee. Analysis of indemnification in a contingency fee context raises several policy issues which section II.A addresses. Section II.B discusses the terms and assumptions made in adjusting Hause's model to reflect the standard contingency fee arrangement, …
In Support Of Huber, Jon F. Merz
In Support Of Huber, Jon F. Merz
RISK: Health, Safety & Environment (1990-2002)
The author takes exception to two recent reviews of GALILEO'S REVENGE.
Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde
Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde
Michigan Law Review
A Review of Black Hills/White Justice: The Sioux Nation Versus the United States by Edward Lazarus
Surviving Judicial Activism In The Tenth Circuit: An Analysis Of Berry V. City Of Muskogee, Ned S. Fuller
Surviving Judicial Activism In The Tenth Circuit: An Analysis Of Berry V. City Of Muskogee, Ned S. Fuller
Brigham Young University Journal of Public Law
No abstract provided.
Litigation, E. D'Angelo
Equalizing The Cost Of Divorce Under The Uniform Marriage And Divorce Act: Maintenance Awards In Illinois, Jane Rutherford, Barbara Tishler
Equalizing The Cost Of Divorce Under The Uniform Marriage And Divorce Act: Maintenance Awards In Illinois, Jane Rutherford, Barbara Tishler
Loyola University Chicago Law Journal
No abstract provided.
Evaluating Regulatory Interpretations: Individual Statements, Russell L. Weaver
Evaluating Regulatory Interpretations: Individual Statements, Russell L. Weaver
Kentucky Law Journal
No abstract provided.
Florida's Equal Access To Justice Act: How The Courts And Doah Have Interpreted It, Mary W. Chaisson
Florida's Equal Access To Justice Act: How The Courts And Doah Have Interpreted It, Mary W. Chaisson
Florida State University Law Review
No abstract provided.
Civil Forfeiture Of Property For Drug Offenders Under Illinois And Federal Statute: Zero Tolerance, Zero Exceptions, 25 J. Marshall L. Rev. 389 (1992), T. J. Hiles
UIC Law Review
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz, Honorable Leon D. Lazer, Honorable George C. Pratt
Section 1983 Litigation, Martin A. Schwartz, Honorable Leon D. Lazer, Honorable George C. Pratt
Touro Law Review
No abstract provided.
Loitz V. Remington Arms Co.: The Illinois Supreme Court Sets A Tougher Standard For Reviewing Punitive Damage Awards In Products Liability Cases, 25 J. Marshall L. Rev. 427 (1992), Eric P. Loukas
UIC Law Review
No abstract provided.
A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson
A First Amendment-Sixth Amendment Dilemma: Manuel Noriega Pushes The American Judicial System To The Outer Limits Of The First Amendment, 25 J. Marshall L. Rev. 563 (1992), Lance R. Peterson
UIC Law Review
No abstract provided.
Prejudgement Interest In Personal Injury Claims: A Proposal For The Illinois General Assembly, 25 J. Marshall L. Rev. 595 (1992), Jeffrey R. Sandler
Prejudgement Interest In Personal Injury Claims: A Proposal For The Illinois General Assembly, 25 J. Marshall L. Rev. 595 (1992), Jeffrey R. Sandler
UIC Law Review
No abstract provided.