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Articles 31 - 60 of 154
Full-Text Articles in Law
Adversary Cecesses In The American Criminal Trial, Gordon Van Kessel
Adversary Cecesses In The American Criminal Trial, Gordon Van Kessel
Notre Dame Law Review
No abstract provided.
"Made-Whole" Made Fair: A Proposal To Modify Subrogation In Tennessee Tort Actions, John A. Day
"Made-Whole" Made Fair: A Proposal To Modify Subrogation In Tennessee Tort Actions, John A. Day
Belmont Law Review
This Article proposes the adoption of the “Modified Made-Whole Doctrine Proposal." Part I begins by explaining the roots of the law of subrogation rights and its current jurisprudential inconsistencies. It also explores the relationship between such subrogation rights and the made-whole doctrine in the context of Tennessee tort law as well as how this doctrine would be applied in Tennessee today. Part II briefly outlines some of the general questions regarding Tennessee’s current application of the made-whole doctrine, particularly the unresolved issues surrounding the impact of comparative fault on subrogation rights. These are questions which the author’s suggested Proposal is …
Something Bad In Your Briefs, Richard H. Underwood
Something Bad In Your Briefs, Richard H. Underwood
Law Faculty Scholarly Articles
In a profession heavily driven by writing, plagiarism is an ethical issue that plagues the legal community. The legal profession generally views plagiarism as unethical, but often sends mixed messages by condemning it in some settings, but not others. In this short Commentary, Professor Underwood discusses the ethical implications of plagiarism in legal writing.
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David Caudill
Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David Caudill
David S Caudill
No abstract provided.
Ringers Revisited, Richard H. Underwood
Ringers Revisited, Richard H. Underwood
Law Faculty Scholarly Articles
In this short essay, Professor Underwood addresses an important development in the law dealing with eyewitness testimony and the New Jersey case of State v. Henderson. He gets at the subject by looking back to a 1950s television play starring fellow Kentucky resident, William Shatner. However, in this particular instance, William Shatner would not change the world.
Book Review: Visualizing Law In The Age Of The Digital Baroque: Arabesques And Entanglements, F. Tim Knight
Book Review: Visualizing Law In The Age Of The Digital Baroque: Arabesques And Entanglements, F. Tim Knight
Librarian Publications & Presentations
No abstract provided.
Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway
Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley
Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie
One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie
Pepperdine Law Review
No abstract provided.
Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley
Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
Democratizing The Economic Sphere: A Case For The Political Boycott, Theresa J. Lee
Democratizing The Economic Sphere: A Case For The Political Boycott, Theresa J. Lee
West Virginia Law Review
The political boycott, though recently under attack through litigation aimed at compelled disclosure regimes, is a critical tool in constructing American democracy. Defining political boycotts as those refusals by consumers to buy goods or patronize businesses in order to effect political or social change, this Article is the first paper to place the political boycott at home in all three classic theories underlying the First Amendment: the marketplace of ideas, democracy and self-governance, and self-expression and autonomy. It also situates the boycott alongside current campaign finance doctrine via Citizens United v. Federal Election Commission, 130 S. Ct. 876 (2010). Just …
Polley V. Ratcliff: A New Way To Address An Original Sin?, Atiba R. Ellis
Polley V. Ratcliff: A New Way To Address An Original Sin?, Atiba R. Ellis
West Virginia Law Review
No abstract provided.
Youngstown Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros
Youngstown Sheet To Boumediene: A Story Of Judicial Ethos And The (Un)Fastidious Use Of Language, Laura A. Cisneros
West Virginia Law Review
No abstract provided.
Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore
Can Damages Be Too Damaging Examining Mason County And Its Progeny, Amber Marie Moore
West Virginia Law Review
No abstract provided.
Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard
Presumed Disadvantaged: Constitutional Incongruit In Federal Contract Procurement And Acquisition Regulations, William J. Bogard
West Virginia Law Review
No abstract provided.
Casey Skit: A Pedagogical Tool For Interviewing Young Women And Proceeding Through A Judicial Bypass Hearing , Jamin B. Raskin, Ann Shalleck
Casey Skit: A Pedagogical Tool For Interviewing Young Women And Proceeding Through A Judicial Bypass Hearing , Jamin B. Raskin, Ann Shalleck
Jamin Raskin
No abstract provided.
Absolute Immunity From Civil Liability: Lessons For Litigation Lawyers, T. Leigh Anenson
Absolute Immunity From Civil Liability: Lessons For Litigation Lawyers, T. Leigh Anenson
Pepperdine Law Review
The common law doctrine of absolute immunity provided to litigation lawyers is said to be "as old as law." This centuries-old doctrine protects litigators from lawsuits instigated by the adversaries of their clients. It is typically invoked, irrespective of any nefarious or malicious motives, so long as the course of action taken bears some reasonable relation to the lawsuit. This Article examines the historical antecedents of the litigation privilege as well as the policies motivating its creation. It also provides a comprehensive description of the doctrine of absolute immunity, explores the circumstances in which it has been applied, and discusses …
Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood
Following The Rules: Exclusion Of Witness, Sequestration, And No-Consultation Orders, Richard H. Underwood
Law Faculty Scholarly Articles
In this Article, Professor Underwood discusses the varying application of Rule 615 of the Federal Rules of Evidence, which provides for the exclusion of witnesses. He explains that varying application of Rule 615 and state evidence rules following Rule 615's language creates misunderstandings at trial. Thus, it is important to know not only the federal and local rules but also the "way things are done" in a particular court.
Stealing Sunshine, Ronen Perry, Dana Weimann-Saks
Stealing Sunshine, Ronen Perry, Dana Weimann-Saks
Law and Contemporary Problems
This study is the first to examine the efficacy of this tactic, both theoretically and empirically, contributing to the growing literature on the impact of various trial-advocacy techniques on decision-makers' perceptions and trial outcomes. Given the primacy of the work, the authors draw on existing literature on a related courtroom technique commonly known as "stealing thunder," which is -- in a sense -- the mirror image of the tactic under scrutiny.
Revisiting Trial Basics Every Time: A Ritual For Courtroom Success, Maureen A. Howard
Revisiting Trial Basics Every Time: A Ritual For Courtroom Success, Maureen A. Howard
Articles
With fewer cases progressing to trial, many attorneys do not have adequate opportunities to practice the skills necessary to be successful in the courtroom. Here the author provides a useful and uncomplicated examination of the basic trial advocacy skills, which should be reviewed each time an attorney prepares for trial. Writing for the busy practicing attorney, the author concisely addresses six key stages of trial: voir dire, opening statement, direct examination, cross-examination, impeachment, and closing argument.
Oral Argument In The Ninth Circuit: The View From Bench And Bar, Stephen L. Wasby
Oral Argument In The Ninth Circuit: The View From Bench And Bar, Stephen L. Wasby
Golden Gate University Law Review
The present Article is a detailed presentation of the views of judges and lawyers in one federal appellate court about various aspects of oral argument. It is part of a larger study of the U.S. Court of Appeals for the Ninth Circuit, based on interviews conducted with fifteen of the court's then eighteen active-duty and senior circuit judges and a dozen district judges, all with extensive experience on the appellate court. To provide at least a limited basis for comparison with the judges' responses, information was sought from attorneys who had argued before the court and would thus have some …
Making Stuff Up, Richard H. Underwood
Making Stuff Up, Richard H. Underwood
Law Faculty Scholarly Articles
Beginning with an article in this Journal almost thirty years ago, Professor Underwood continues to research and write about legal ethics and litigation. In this Commentary, he offers a witty look at several cases where, in his opinion, the judge allowed improper arguments to the jury.
Cross-Examining Film, Jessica Silbey
Cross-Examining Film, Jessica Silbey
Faculty Scholarship
The Supreme Court decision in Scott v. Harris holds that a Georgia police officer did not violate a fleeing suspect's Fourth Amendment rights when he caused the suspect's car to crash. The court's decision relies almost entirely on the filmed version of the high-speed police chase taken from a "dash-cam," a video camera mounted on the dashboard of the pursuing police cruiser. The Supreme Court said that in light of the contrary stories told by the opposing parties to the lawsuit, the only story to be believed was that told by the video. In Scott v. Harris, the court fell …
Against Practice, Anthony V. Alfieri
Against Practice, Anthony V. Alfieri
Michigan Law Review
This Review examines the theory/practice dichotomy in legal education through the prism of the Carnegie Foundation's Educating Lawyers: Preparation for the Profession of Law. Descriptively, it argues that the Foundation's investigation of law school curricular deficiencies in the areas of clinical-lawyer skills, professionalism, and public service overlooks the relevance of critical pedagogies in teaching students how to deal with difference-based identity and how to build cross-cultural community in diverse, multicultural practice settings differentiated by mutable and immutable characteristics such as class, gender, and race. Prescriptively, it argues that the Foundation's remedial call for the curricular integration of clinical lawyer …
Before The Verdict And Beyond The Verdict: The Csi Infection Within Modern Criminal Jury Trials, Tamara F. Lawson
Before The Verdict And Beyond The Verdict: The Csi Infection Within Modern Criminal Jury Trials, Tamara F. Lawson
Articles
In criminal law, the term “CSI Effect” commonly refers to the perceived impact the CSI television show has on juror expectation and unexpected jury verdicts. This article coins a new phrase, “CSI Infection,” by focusing on the significant legal impact that the fear of “CSI Infected Jurors” has made upon the criminal justice system. The CSI Infection is the ubiquitous “It” factor that scholars cannot conclusively prove nor effectively explain away; however, practitioners overwhelmingly confirm the CSI Effect’s impact on criminal jury trials. The CSI Effect’s existence, the CSI Effect’s true or perceived impact on acquittals and convictions, and how …
Fair Process And Fair Play: Professionally Responsible Cross-Examination, John F. Nivala
Fair Process And Fair Play: Professionally Responsible Cross-Examination, John F. Nivala
John F. Nivala
No abstract provided.
Understanding Defense-Initiated Victim Outreach And Why It Is Essential In Defending A Capital Client, Mickell Branham, Richard Burr
Understanding Defense-Initiated Victim Outreach And Why It Is Essential In Defending A Capital Client, Mickell Branham, Richard Burr
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
Effective capital defense lawyers must embrace, not suppress, human empathy. A defense team that demonstrates genuine compassion for the survivors - reaching out to get to know them, to listen to their stories, and to discern the interests the survivors hope to have met in the judicial proceedings - increases the possibility that the proceedings will end with compassion for their client. As a practical matter, this may well occur through some sort of agreed-upon …
The Indispensable Role Of The Mitigation Specialist In A Capital Case: A View From The Federal Bench, Helen G. Berrigan
The Indispensable Role Of The Mitigation Specialist In A Capital Case: A View From The Federal Bench, Helen G. Berrigan
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
Writing from the perspective of a federal trial judge, the author, who is Chief Judge of the United States District Court for the Eastern District of Louisiana, describes the crucial importance of mitigation development in the trial of a capital case in accordance with the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject …
The Aba And The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Robin M. Maher
The Aba And The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Robin M. Maher
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
This article, whose author is the Director of the ABA Death Penalty Representation Project, places the Supplementary Guidelines in the context of the ABA's work in the death penalty field. The ABA does not oppose capital punishment but does favor justice. Hence the organization has long insisted that any jurisdiction desiring to retain execution as a criminal sanction provide high quality defense representation in accordance with the ABA's Guidelines for the Appointment and Performance of …
Capital Guidelines And Ethical Duties: Mutually Reinforcing Responsibilities, Lawrence J. Fox
Capital Guidelines And Ethical Duties: Mutually Reinforcing Responsibilities, Lawrence J. Fox
Hofstra Law Review
This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.
It is counsel, and not any non-lawyer member of the multidisciplinary defense team which needs to be assembled to provide competent representation in a capital case, who bears ultimate responsibility for the team's performance and for decisions affecting the client and the case. This article describes the many respects in which counsel's specific obligations under both the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra …