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Articles 1 - 12 of 12
Full-Text Articles in Law
Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai
Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai
Robert L Tsai
This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …
Roles Of Tobacco Litigation In Societal Change, Richard A. Daynard
Roles Of Tobacco Litigation In Societal Change, Richard A. Daynard
Richard A. Daynard
No abstract provided.
Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin
Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Introduction (Symposium On Municipal Liability), Patricia E. Salkin
Introduction (Symposium On Municipal Liability), Patricia E. Salkin
Patricia E. Salkin
No abstract provided.
Altri Profili Del Contenzioso In Materia Di Contratti Derivati, Valerio Sangiovanni
Altri Profili Del Contenzioso In Materia Di Contratti Derivati, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
Public Health Versus Court-Sponsored Secrecy, Daniel Givelber, Anthony Robbins
Public Health Versus Court-Sponsored Secrecy, Daniel Givelber, Anthony Robbins
Daniel J. Givelber
Public health practice - the prevention of disease and injury and the protection of the population - relies on access to information. Legal practice treats information very differently: it is a weapon: has power and value, and it is rarely yielded without getting something in return. Civil litigation uncovers a great deal of otherwise unavailable information about practices and products which may cause disease and injury. However, common practice in and related to lawsuits, trials, and courts, such as protective orders, sealing orders, and confidential settlement agreements, can deprive public health authorities and the public itself of information that might …
The Constitutional Bounding Of Adjudication: A Fuller(Ian) Explanation For The Supreme Court's Mass Tort Jurisprudence, Donald G. Gifford
The Constitutional Bounding Of Adjudication: A Fuller(Ian) Explanation For The Supreme Court's Mass Tort Jurisprudence, Donald G. Gifford
Donald G Gifford
In this Article, I argue that the Supreme Court is implicitly piecing together a constitutionally mandated model of bounded adjudication governing mass torts, using decisions that facially rest on disparate constitutional provisions. This model constitutionally restricts common law courts from adjudicating the rights, liabilities, and interests of persons who are neither present before the court nor capable of being defined with a reasonable degree of specificity. I find evidence for this model in the Court’s separate decisions rejecting tort-based climate change claims, global settlements of massive asbestos litigation, and punitive damages awards justified as extra-compensatory damages. These new forms of …
The Relation Between Punitive And Compensatory Awards: Combining Extreme Data With The Mass Of Awards, Theodore Eisenberg, Valerie P. Hans, Martin T. Wells
The Relation Between Punitive And Compensatory Awards: Combining Extreme Data With The Mass Of Awards, Theodore Eisenberg, Valerie P. Hans, Martin T. Wells
Valerie P. Hans
This article assesses the relation between punitive and compensatory damages by combining two data sets of extreme awards with state court data from the National Center for State Courts (NCSC) for 1992, 1996, and 2001. One data set of extreme awards consists of punitive damages awards in excess of $100 million from 1985 through 2003, gathered by Hersch and Viscusi (H-V); the other includes the National Law Journal's (NLJ) annual reports of the 100 largest trial verdicts from 2001 to 2004. The integration of these data sets provides the most comprehensive picture of punitive damages in American civil trials to …
Climate Change Litigation: Potential Reasons Canada Lags Behind The United States, Morgan Mcdonald
Climate Change Litigation: Potential Reasons Canada Lags Behind The United States, Morgan Mcdonald
Morgan McDonald
Despite the overwhelming evidence that climate change threatens our environmental security, governments have neglected to enact comprehensive legislation regulating greenhouse gas (GHG) emissions. Since the political realm has failed to act, climate litigants have turned to the judicial branch to force GHG reform. Although the US and Canada support similar GHG emitting corporations and have similar legal systems, their experience in climate litigation is strikingly different. While US courts have seen approximately five hundred climate change actions, Canada has seen only two cases. The remarkable absence of climate litigation in Canada is concerning because these actions play an essential role …
Threats Escalate: Corporate Information Technology Governance Under Fire, Lawrence J. Trautman
Threats Escalate: Corporate Information Technology Governance Under Fire, Lawrence J. Trautman
Lawrence J. Trautman Sr.
In a previous publication The Board’s Responsibility for Information Technology Governance, (with Kara Altenbaumer-Price) we examined: The IT Governance Institute’s Executive Summary and Framework for Control Objectives for Information and Related Technology 4.1 (COBIT®); reviewed the Weill and Ross Corporate and Key Asset Governance Framework; and observed “that in a survey of audit executives and board members, 58 percent believed that their corporate employees had little to no understanding of how to assess risk.” We further described the new SEC rules on risk management; Congressional action on cyber security; legal basis for director’s duties and responsibilities relative to IT governance; …
What's Good In Theory May Be Flawed In Practice: Potential Legal Consequences Of Poor Implementation Of A Theoretical Sample, Melanie S. Williams, A. Lynn Phillips, G. Michael Phillips
What's Good In Theory May Be Flawed In Practice: Potential Legal Consequences Of Poor Implementation Of A Theoretical Sample, Melanie S. Williams, A. Lynn Phillips, G. Michael Phillips
Melanie S. Williams
The article discusses the problem of the use in litigation of statistical sampling. Sample-based research is increasingly used in cases as diverse as products liability, antitrust, intellectual property, and criminal law, among others. Sample-based research provides objective evidence upon which decisions, damages and liability may rest. Despite its importance, however, statistical evidence is often misused and misunderstood by attorneys who may be unfamiliar with the underlying form of analysis. The paper explores common errors when using litigative samples, comments upon best practices for the use in law of sample-based research, and demonstrates the importance of sound statistical sampling and data …