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Articles 31 - 42 of 42
Full-Text Articles in Civil Law
Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine
Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine
Cardozo Journal of International and Comparative Law
Federal procedure has embraced the referral of civil cases outside the court system to alternative dispute resolution. This article argues that by utilizing courts to settle cases through civil procedure, courts realize their central role in ensuring the quality of settlements produced through the judicial administration of justice. The purpose of this article is to provide litigants with an optional procedure to expeditiously resolve federal personal injury cases. The system proposed in this article incorporates Scottish and Irish civil procedural reforms into a coherent method for judicial officers to declare the settlement value of a personal injury action without referring …
Foreword: Symposium: A Right To Counsel In Civil Cases: Civil Gideon In Maryland & Beyond, Leigh Goodmark
Foreword: Symposium: A Right To Counsel In Civil Cases: Civil Gideon In Maryland & Beyond, Leigh Goodmark
University of Baltimore Law Review
No abstract provided.
Keynote Address: Seeking A Right To Appointed Counsel In Civil Cases In Maryland, Stephen H. Sachs
Keynote Address: Seeking A Right To Appointed Counsel In Civil Cases In Maryland, Stephen H. Sachs
University of Baltimore Law Review
No abstract provided.
Faces Of Open Courts And The Civil Right To Counsel, Steven D. Schwinn
Faces Of Open Courts And The Civil Right To Counsel, Steven D. Schwinn
University of Baltimore Law Review
No abstract provided.
Justice Delayed Is, Once Again, Justice Denied: The Overdue Right To Counsel In Civil Cases, Debra Gardner
Justice Delayed Is, Once Again, Justice Denied: The Overdue Right To Counsel In Civil Cases, Debra Gardner
University of Baltimore Law Review
No abstract provided.
The Trial Of Zacarias Moussaoui, Douglas O. Linder
The Trial Of Zacarias Moussaoui, Douglas O. Linder
Faculty Works
On the horrific morning of September 11, 2001, when planes crashed into buildings and fell from the sky, Zacarias Moussaoui was sitting in a jail in Minnesota facing immigration charges. Even if he had not been arrested three weeks earlier, when he raised suspicion by paying large sums to a flight training school to learn to pilot a Boeing 747 despite his never having piloted a small plane, it seems unlikely that Moussaoui would have been the twentieth hijacker on one of the four doomed planes. Nonetheless, largely because of the convenient fact that he was alive and in custody, …
Legal Services: Meeting New Challenges With Delivery Systems That Promise Lasting Impact For Maryland's Poor, Hannah E. M. Lieberman
Legal Services: Meeting New Challenges With Delivery Systems That Promise Lasting Impact For Maryland's Poor, Hannah E. M. Lieberman
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Setting An Agenda For The Future Delivery Of Legal Services To The Poor In Maryland, Michael A. Millemann
Setting An Agenda For The Future Delivery Of Legal Services To The Poor In Maryland, Michael A. Millemann
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
First Amendment Cases In The Supreme Court 2005 Term, Joel Gora
First Amendment Cases In The Supreme Court 2005 Term, Joel Gora
Faculty Scholarship
No abstract provided.
Multi-Tiered Marriage: Ideas And Influences From New York And Louisiana To The International Community, Joel A. Nichols
Multi-Tiered Marriage: Ideas And Influences From New York And Louisiana To The International Community, Joel A. Nichols
Vanderbilt Journal of Transnational Law
This Article contends that society in the United States needs to hold a genuine discussion about alternatives to current conceptions of marriage and family law jurisdiction. Specifically, the Article suggests that the civil government should consider ceding some of its jurisdictional authority over marriage and divorce law to religious communities that are competent and capable of adjudicating the marital rites and rights of their respective adherents. There is historical precedent and preliminary movement toward this end--both within and without the United States--which might serve as the framework for further discussions. Within the United States, the relatively new covenant marriage statutes …
Quantum Meruit And The Restatement (Third) Of Restitution And Unjust Enrichment, Candace Kovacic-Fleischer
Quantum Meruit And The Restatement (Third) Of Restitution And Unjust Enrichment, Candace Kovacic-Fleischer
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: Thirty years ago, Professor Graham Douthwaite said that restitution can "arise in a bedazzling variety of situations."' He also said that practitioners usually are not aware of "the restitutionary implications or potential" of their clients' problems. Over 50 years ago, Professor John Dawson said that "[i]t is doubtful even now whether most lawyers have an adequate conception of the range and resources of the remedy." About twenty years ago, I said of Professor Dawson's statement, "It is doubtful whether the situation has much improved in the last thirty years." Unfortunately, I can still repeat that concern.
Punitive Damages In The United States, Jack M. Beermann
Punitive Damages In The United States, Jack M. Beermann
Faculty Scholarship
his article is an attempt to acquaint the reader with contemporary legal issues surrounding punitive damages in the United States. Pursuant to U.S. federalism, most private law in the United States is state law and can vary significantly from state to state. Contract law, tort (injury) law, property law and criminal law are mainly state law. Many of these areas are governed largely by common law which means that there are no statutes, and courts make the law in the course of resolving individual legal controversies. It is the state common law of injury that allows punitive damages in the …