Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Litigation (44)
- Intellectual Property Law (17)
- Law and Economics (13)
- Courts (12)
- Torts (11)
-
- Civil Procedure (10)
- Business Organizations Law (7)
- Dispute Resolution and Arbitration (7)
- Legal Ethics and Professional Responsibility (6)
- Banking and Finance Law (5)
- Civil Rights and Discrimination (5)
- Criminal Law (5)
- Health Law and Policy (5)
- Constitutional Law (4)
- Contracts (4)
- Evidence (4)
- Human Rights Law (4)
- Social and Behavioral Sciences (4)
- Administrative Law (3)
- Legal Profession (3)
- Science and Technology Law (3)
- Civil Law (2)
- Comparative and Foreign Law (2)
- Environmental Law (2)
- International Law (2)
- Jurisdiction (2)
- Law and Race (2)
- Legislation (2)
- Medical Jurisprudence (2)
- Institution
-
- Boston University School of Law (47)
- Columbia Law School (12)
- Fordham Law School (6)
- Mitchell Hamline School of Law (6)
- Texas A&M University School of Law (6)
-
- University of Maryland Francis King Carey School of Law (6)
- UC Law SF (3)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- Western New England University School of Law (3)
- Barry University School of Law (2)
- California Western School of Law (2)
- Duke Law (1)
- Nova Southeastern University (1)
- University of Louisville (1)
Articles 91 - 99 of 99
Full-Text Articles in Law
Recovery For Economic Loss Following The Exxon Valdez Oil Spill, Victor P. Goldberg
Recovery For Economic Loss Following The Exxon Valdez Oil Spill, Victor P. Goldberg
Faculty Scholarship
The physical cleanup following one of the worst oil spills in history, that of the Exxon Valdez, is done. The legal cleanup, however, has barely begun. Over 100 law firms participating in over 200 suits in federal and state courts involving more than 30,000 claims are presently engaged in litigation. Fishermen, cannery workers, fishing lodges, tour boat operators, oil companies whose shipments were delayed, and even California motorists facing higher gasoline prices have filed claims against Exxon and its fellow defendants.
Most claimants face a formidable roadblock, the so-called Robins doctrine. Under Robins Dry Dock & Repair Co. v. Flint …
Judicial Vacancies And Delay In The Federal Courts: An Empirical Evaluation, In Symposium, The Civil Justice Reform Act, A. Kimberley Dayton
Judicial Vacancies And Delay In The Federal Courts: An Empirical Evaluation, In Symposium, The Civil Justice Reform Act, A. Kimberley Dayton
Faculty Scholarship
This Article examines the relationship between federal district court judicial vacancies --whether caused by the executive branch's failure to timely nominate judges, Congress's failure to confirm presidential nominees, or some other reason -- and delays in processing the civil caseload. The hypotheses tested are several configurations of the hypothesis “judicial vacancies cause delay.” The statistical method of analysis of covariance is used to test this hypothesis and thereby evaluate the degree to which delays, defined by reference to certain case management statistics, are correlated to vacancy rates in individual federal district courts, and within the federal system as a whole. …
The Gains From Faith In An Unfaithful Agent: Settlement Conflicts Between Defendants And Liability Insurers, Michael J. Meurer
The Gains From Faith In An Unfaithful Agent: Settlement Conflicts Between Defendants And Liability Insurers, Michael J. Meurer
Faculty Scholarship
A pervasive problem in the settlement of liability litigation arises because liability insurers bundle their promise to indemnify the insured with a promise to represent the insured in settlement and litigation [see, e.g., Beckwith Machinery Co. v. Travelers Indemnity Co., 638 F.Supp. 1179 (W.D. Pa. 1986)]. Standard policies not only require the insurer to pay for legal representation but, more importantly, give the insurer the privilege of controlling the litigation and settlement process. The problem is how to resolve the conflict of interest between the insurer and the insured that may arise during settlement negotiations. This conflict is manifest when …
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
The Proper Forum For A Suit: Transnational Forum Non Conveniens And Counter-Suit Injunctions In The Federal Courts, William L. Reynolds
Faculty Scholarship
No abstract provided.
Litigation Costs And The Economic Theory Of Tort Law, Keith N. Hylton
Litigation Costs And The Economic Theory Of Tort Law, Keith N. Hylton
Faculty Scholarship
The economic theory of tort law has developed along two lines. The first and more traditional is positive theory, which justifies tort doctrine. The second is normative theory, which usually criticizes the operational efficiency of the tort system, and is the focus of this Article. This Article argues that once the dynamics of litigation are properly taken into account, all bets are off on the economic efficiency of tort law. The simple fact that litigation is a costly enterprise provides a rich source of inefficiencies with which the tort system must grapple.
Foreword: The Economics Of Contract Law, Michael J. Meurer
Foreword: The Economics Of Contract Law, Michael J. Meurer
Faculty Scholarship
The articles in this issue are samples from the burgeoning economics of contract law. They demonstrate that lawyers a can bring economic models to bear on quite specific issues of co offer normative guidance regarding the structure of efficient The success of the symposium and the quality of the articles of this field will continue to flourish. The articles cover a fairly narrow range of contract law issues. The second through sixth articles all address topics involving remedies. Two of these loo at the optimal remedies to be provided by contract law, and the other three are concerned with remedies …
Bandwagon Is Rolling: Adr Demands And Thrives On Lawyers Creative Thinking, Christine D. Ver Ploeg
Bandwagon Is Rolling: Adr Demands And Thrives On Lawyers Creative Thinking, Christine D. Ver Ploeg
Faculty Scholarship
The ADR (alternative dispute resolution) bandwagon is rolling. Clients are becoming disenchanted with traditional litigation, and they're hearing about ADR. ADR has three broad categories: mediation, the mini-trial, and arbitration. Attorneys can provide a real service to clients by being familiar with and developing skills in ADR.
Use Of Comparative Risk Methods In Regulatory And Common Law, Michael S. Baram
Use Of Comparative Risk Methods In Regulatory And Common Law, Michael S. Baram
Faculty Scholarship
Several persistent problems afflict risk decisionmaking. In the regulatory context, agencies confront the problems of how to prioritize risks for best use of their limited resources and how to determine "how safe is safe enough," or a risk limit, when action is to be taken on a particular risk.
In the trial courts hearing toxic tort actions, the jury must often determine whether an activity is "unreasonably dangerous" or a product is "defective" because of its risk attributes.
To resolve these problems, many have proposed the use of risk comparisons. Now that we can quantify risks, why not compare them …
Litigating A Novel Course And Scope Of Employment Issue: Ina Of Texas V. Bryant, J. Thomas Sullivan
Litigating A Novel Course And Scope Of Employment Issue: Ina Of Texas V. Bryant, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.