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1992

Litigation

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Institution
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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 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.


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 …


Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith Jun 1992

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 Jun 1992

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 May 1992

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 Mar 1992

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 Jan 1992

Litigation, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.


Equalizing The Cost Of Divorce Under The Uniform Marriage And Divorce Act: Maintenance Awards In Illinois, Jane Rutherford, Barbara Tishler Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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.