Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Legal History

Our Courts, Ourselves: How The Alternative Dispute Resolution Movement Is Re-Shaping Our Legal System, Deborah R. Hensler Oct 2017

Our Courts, Ourselves: How The Alternative Dispute Resolution Movement Is Re-Shaping Our Legal System, Deborah R. Hensler

Dickinson Law Review (2017-Present)

Twenty-seven years ago, Professor Frank Sander urged American lawyers and judges to re-imagine the civil courts as a collection of dispute resolution procedures tailored to fit the variety of disputes that parties bring to the justice system. Professor Sander’s vision of the justice system encompassed traditional litigation leading to trial, but his speech at the 1976 Roscoe Pound Conference drew attention to alternatives to traditional dispute resolution that he argued would better serve disputants and society than traditional adversarial processes.

Today, interest in dispute resolution is high. This interest cuts across many domains, ranging from the family, to the schoolyard, …


Pleading, For The Future: Conversations After Iqbal, Lee H. Rosenthal Oct 2017

Pleading, For The Future: Conversations After Iqbal, Lee H. Rosenthal

Dickinson Law Review (2017-Present)

No abstract provided.


Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed Oct 2017

Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed

Dickinson Law Review (2017-Present)

No abstract provided.


Canada’S First Malpractice Crisis: Medical Negligence In The Late Nineteenth Century, R. Blake Brown Aug 2017

Canada’S First Malpractice Crisis: Medical Negligence In The Late Nineteenth Century, R. Blake Brown

Osgoode Hall Law Journal

This article describes and explains the first Canadian medical malpractice crisis. While malpractice had emerged as a prominent legal issue in the United States by the mid nineteenth century, Canadian doctors first began to express concerns with a growth in malpractice litigation in the late nineteenth century. Physicians claimed that lawsuits damaged reputations and forced them to spend lavishly on defending themselves. Doctors blamed lawyers for drumming up spurious lawsuits and argued that ignorant or malicious jurors tended to side with plaintiffs. Evidence, however, points to additional factors that contributed to litigation. Medical professionals in rural areas sometimes avoided lengthy …


Slaves As Plaintiffs, Alfred L. Brophy Apr 2017

Slaves As Plaintiffs, Alfred L. Brophy

Michigan Law Review

Review of Redemption Songs: Suing for Freedom Before Dred Scott by Lea VanderVelde.


Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins Jan 2017

Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins

Georgia Journal of International & Comparative Law

No abstract provided.


Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus Iii Jan 2017

Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus Iii

Georgia Journal of International & Comparative Law

No abstract provided.