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Articles 11851 - 11880 of 16599
Full-Text Articles in Courts
To Be Or Not To Be: The Validity Of Pendent Party Jurisdiction Remains Unanswered After Finley V. United States, Janis T. Butler
To Be Or Not To Be: The Validity Of Pendent Party Jurisdiction Remains Unanswered After Finley V. United States, Janis T. Butler
Brigham Young University Journal of Public Law
No abstract provided.
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …
The Jury's Role In Capital Cases Is Immune From Judicial Interference, Raoul Berger
The Jury's Role In Capital Cases Is Immune From Judicial Interference, Raoul Berger
BYU Law Review
No abstract provided.
Florida's Partial Final Judgment Rule: Problems And Solutions, Kent R. Putnam
Florida's Partial Final Judgment Rule: Problems And Solutions, Kent R. Putnam
Florida State University Law Review
Florida's partial final judgment rule creates uncertainty for attorneys and their clients. The author of this Article proposes solutions ranging from changes in terminology to amendments to the rule.
Judicial "Pruning" Of "Garden Variety Fraud" Civil Rico Cases Does Not Work: It's Time For Congress To Act, Susan Getzendanner
Judicial "Pruning" Of "Garden Variety Fraud" Civil Rico Cases Does Not Work: It's Time For Congress To Act, Susan Getzendanner
Vanderbilt Law Review
After many years of effort, Congress actually may amend substantively the civil provisions of the Racketeer Influenced and Corrupt Organizations Act'-"RICO"-this year.' So I am delighted to accept the timely invitation of the Vanderbilt Law Review to add my view of how the law should be revised.My RICO perspective comes from my years as a federal district court judge in Chicago from 1980 to 1987, when I witnessed the real birth and growth of civil RICO.'
I am told by my co-panelist, Professor G. Robert Blakey, that for a time I had written more RICO opinions than any other judge …
Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude
Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
The Constitution As Architecture: A Charette, Larry Kramer
The Constitution As Architecture: A Charette, Larry Kramer
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver
In Lieu Of Preclusion: Reconciling Administrative Decisionmaking And Federal Civil Rights Claims, Marjorie A. Silver
Indiana Law Journal
No abstract provided.
"Success" And The Judicial Power, Frank H. Easterbrook
"Success" And The Judicial Power, Frank H. Easterbrook
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
The Doctrine Of In Loco Parentis, Tort Liability And The Student-College Relationship, Theodore C. Stamatakos
The Doctrine Of In Loco Parentis, Tort Liability And The Student-College Relationship, Theodore C. Stamatakos
Indiana Law Journal
No abstract provided.
Article Iii Courts And The Constitutional Structure, David A. Strauss
Article Iii Courts And The Constitutional Structure, David A. Strauss
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
Do Jurors Understand Criminal Jury Instructions? Analyzing The Results Of The Michigan Juror Comprehension Project, Geoffrey P. Kramer, Dorean M. Koenig
Do Jurors Understand Criminal Jury Instructions? Analyzing The Results Of The Michigan Juror Comprehension Project, Geoffrey P. Kramer, Dorean M. Koenig
University of Michigan Journal of Law Reform
The Juror Comprehension Project ("the Project") sought to determine whether jurors understand judicial instructions. This Article reports the results of an empirical study growing out of that Project. The Project investigated how well 600 actual jurors in Michigan understood criminal jury instructions in actual trials. Part I describes the history of the study and explains the procedures and materials used in the study. Part II presents the results of the study, first analyzing juror comprehension of selected concepts, then discussing general factors that influence juror comprehension. Part III concludes that the results show a mixed juror understanding of complex judicial …
The Role Of The Court Of Justice In European Integration, Frances M. Jacobson
The Role Of The Court Of Justice In European Integration, Frances M. Jacobson
History Theses & Dissertations
This study examines the role of the Court of Justice in the major issues of European integration: dismantling technical barriers to the free flow of goods, protecting human rights within the European Community, and facilitating the free movement of capital, people and services. Success or failure of the Court is measured by whether the member states have implemented its rulings and whether the rulings have aided or hindered the development of a European internal market.
Specific actions of the Court of Justice are analyzed and placed within the context of European integration. The study begins with the European Coal and …
Supreme Court Voting Behavior: 1988 Term, Robert E. Riggs
Supreme Court Voting Behavior: 1988 Term, Robert E. Riggs
Brigham Young University Journal of Public Law
No abstract provided.
Strandell V. Jackson County And G. Heileman Brewing Co. V. Joseph Oat Corp.: The Failure Of The Seventh Circuit Court Of Appeals To Narrow The Interpretation Of Rule 16 And Limit The Inherent Power Doctrine, Farol Parco
Brigham Young University Journal of Public Law
No abstract provided.
Jurisdiction Over Civil Tax Cases, Larry Kramer
Introduction, Richard A. Posner
Evidentiary Hearings In Federal Habeas Corpus Cases, Charles D. Weisselberg
Evidentiary Hearings In Federal Habeas Corpus Cases, Charles D. Weisselberg
BYU Law Review
No abstract provided.
Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann
Retroactivity And The Great Writ: How Congress Should Respond To Teague V. Lane, Joseph L. Hoffmann
BYU Law Review
No abstract provided.
Rationalizing Removal, Charles Rothfeld
The Demise Of Pendent And Ancillary Jurisdiction, Thomas M. Mengler
The Demise Of Pendent And Ancillary Jurisdiction, Thomas M. Mengler
BYU Law Review
No abstract provided.
Fine-Tuning Judicial Federalism: A Proposal For Reform Of The Anti-Injunction Act, Diane P. Wood
Fine-Tuning Judicial Federalism: A Proposal For Reform Of The Anti-Injunction Act, Diane P. Wood
BYU Law Review
No abstract provided.
An Analysis Of Supplemental Jurisdiction And Abstention With Recommendations For Legislative Action, Rex E. Lee, Richard G. Wilkins
An Analysis Of Supplemental Jurisdiction And Abstention With Recommendations For Legislative Action, Rex E. Lee, Richard G. Wilkins
BYU Law Review
No abstract provided.
Caseload And Judging: Judicial Adaptations To Caseload, Lauren K. Robel
Caseload And Judging: Judicial Adaptations To Caseload, Lauren K. Robel
BYU Law Review
No abstract provided.
Specialized Adjudication, Rochelle Cooper Dreyfuss
Specialized Adjudication, Rochelle Cooper Dreyfuss
BYU Law Review
No abstract provided.
Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy
Social Security Disability Determinations: Recommendations For Reform, Richard E. Levy
BYU Law Review
No abstract provided.
The Case For Bankruptcy Appellate Panels, Thomas E. Carlson
The Case For Bankruptcy Appellate Panels, Thomas E. Carlson
BYU Law Review
No abstract provided.
Diversity Jurisdiction, Larry Kramer
Defining The Role Of The Federal Courts, Erwin Chemerinsky, Larry Kramer
Defining The Role Of The Federal Courts, Erwin Chemerinsky, Larry Kramer
BYU Law Review
No abstract provided.