Law Commons^™

Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend

American University Law Review

No abstract provided.

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell

Mercer Law Review

The most notable and far-reaching judicial activity during this survey period dealt with the summary judgment standard applied in tort cases. Other noteworthy developments occurred in the areas of venue, renewal of actions, collateral estoppel, and bifurcation of trials in cases involving punitive damages. Only minimal legislation was enacted in the area of trial practice and procedure during the survey period. This Article focuses on the most notable decisions rendered by the judiciary and the most significant legislation touching upon trial practice and procedure in Georgia state courts.

Evidence—Scientific Evidence: Standard Of Review Raises Questions Of Fit. General Electric Co. V. Joiner, 118 S. Ct. 512 (1997)., Russell D. Marlin

University of Arkansas at Little Rock Law Review

No abstract provided.

Torts—Dramshop Liability In Arkansas—Illegal Sales Of Liquor To Minors May Expose Alcohol Vendors To Expensive Liability. Shannon V. Wilson, 329 Ark. 143, 947 S.W.2d 349 (1997)., Dustin Blake Mcdaniel

University of Arkansas at Little Rock Law Review

No abstract provided.

Cigarette Law, Daniel Givelber

Indiana Law Journal

No abstract provided.

Financing Of Litigation By Third-Party Investors: A Share Of Justice?, Poonam Puri

Osgoode Hall Law Journal

This article addresses the issue of the funding of civil litigation within the framework of access to justice and the normative goal of increasing access to the civil justice system. The author critically analyzes and cautiously advances the case for the recent development of the financing of litigation by third-party investors. The argument is that investor financing has the potential to increase access to the civil justice system by ameliorating the economic barriers to litigation. The author evaluates investor financing against existing public and private models of financing litigation such as legal aid plans, litigation subsidy funds, and contingent fee …

Appellate Practice And Procedure, William M. Droze

Mercer Law Review

An appellate court is often characterized by the opinions that it writes. Though an appellate opinion represents a written expression and extension of the judicial personality, it is necessarily dictated in part by the facts of the case. As a result, a court's application of appellate procedure may serve as a better crucible for assembling a judicial portrait and undertaking to study trends and direction. This Article examines recent appellate cases with a view towards understanding appellate direction as well as assisting the practitioner with an overview of appellate procedure in action. The Eleventh Circuit's emphasis on professionalism and on …

Federal Practice, Richard Mills

Mercer Law Review

The formula for success in trial practice is simple: Be prepared, be decent, and be on time.

There are ninety-four district courts in the United States. Twenty-four states have two or more districts; for example, Illinois and Georgia have three. Twenty-six states, plus the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands, are single districts. And in all of those ninety-four districts over the last thirty years, the civil cases have tripled! In my district we have quadrupled our caseload in that same time frame. In the last five years alone, we have had …

Trial Practice And Procedure, Philip W. Savrin, Robyn L. Oliver

Mercer Law Review

This Article surveys the 1997 decisions of the Eleventh Circuit Court of Appeals that have a significant impact on issues relating to trial practice and procedure.

Smith V. State: The Georgia Supreme Court Mandated Jury Instructions In Battered Person Syndrome Cases, Sherry M. Hall

Mercer Law Review

After a recent Georgia Supreme Court ruling, battered person syndrome is entitled to separate jury charges when the defendant properly establishes the battered person syndrome self-defense claim.

Appellate Procedure, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Amchem Products, Inc. V. Windsor: The Supreme Court Defines The Standard For Settlement Class Action Certification, Jimmy White

Mercer Law Review

In Amchem Products, Inc. v. Windsor, a case stemming from the asbestos litigation crisis of the 1970s and 1980s, the United States Supreme Court addressed the certification criteria for settlement-only class actions under rule 23 of the Federal Rules of Civil Procedure ("Rule 23").

Plain Meaning, Practical Reason, And Cuplability: Toward A Theory Of Jury Interpretation Of Criminal Statutes, Darryl K. Brown

Michigan Law Review

In one of the few existing recordings of American juries deliberating in an actual criminal case, Wisconsin v. Reed, we observe jurors struggling with how they should apply a statute in a case in which the facts are not in real dispute. The defendant is charged with felon in possession of a gun, and all agree that he has a felony record and owned a pistol until he turned it over to the police upon their request. The statute contains three elements. The defendant must (a) have a felony conviction, (b) have possessed a gun, and (c) have known that …

Failing To Score: Clinton V. Jones And Claims Of Presidential Immunity, Jennifer Motos

Mercer Law Review

In Clinton v. Jones, the United States Supreme Court held that the Constitution does not afford the President temporary immunity from civil damages litigation arising out of events that occurred prior to his taking office absent the most unusual circumstances.

Interjurisdictional Preclusion, Howard M. Erichson

Michigan Law Review

Res judicata is hard enough already. Consider it at the interjurisdictional level, and we are asking for headaches. But consider it at that level we must, because litigation trends make interjurisdictional preclusion more important than ever. Lawyers, judges, litigants, and other litigation participants increasingly must contemplate the possibility that a lawsuit will have claim-preclusive or issue-preclusive effect in a subsequent suit in another jurisdiction. With great frequency, multiple lawsuits arise out of single or related transactions or events. Mass tort litigation and complex commercial litigation provide the most emphatic examples, but the phenomenon of multiple related lawsuits extends to every …

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Ambiguity Surrounding Individual Sexual Harassment Liability On The Federal And State Level In Massachusetts, Patrick J. Mcgrath

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Confrontation In Massachusetts: What Face To Face Really Means, Lisa Donahue

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

How Confidential Is This Conversation Anyway: Discoverability Of Exculpatory Materials In Sexual Assault Litigation, Adrienne Kotowski

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Juvenile Justice: Rehabilitating The System After The Introduction Of Mandatory Minimum Sentences, Heidi Treiber

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Attorney Liability In The Wake Of Williams V. Ely, Paul Toner

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Supreme Judicial Court Of Massachusetts Gives Unmarried Couples Standing To Petition To Adopt Children, But Is This Really An Endorsement Of Non-Traditional Families, Katherine I. Young

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Whose Baby Are You Adopting A Critique Of The Massachusetts Adoption Laws, Katherine T. Land

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Protective Discovery Orders And The First Amendment: The Limits Of Seattle Times And The Business Week Decision, James C. Bradbury

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Use Of Support Modification To Re-Litigate Equitably Divided Property In Massachusetts: Does Heins V. Ledis Draw The Line, Michael J. Deltergo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Bifurcation - A New Era In Patent Litigation, Brian D. Lefort

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Editor's Note, James C. Bradbury

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.