Litigation Commons^™

Setting The Allowable Harvest On National Forests, A. Allen Dyer

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

11 pages (includes illustrations).

Contains references.

Standards For Judicial Review Of Forest Plans: Will The Courts Not See The Forest For The Trees, Wells D. Burgess

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

50 pages.

Contains 2 attachments.

Judging The Jury, Eric M. Acker

Michigan Law Review

A Review of Judging the Jury by Valerie P. Hans and Neil Vidmar

The Civil Jury--An Endangered Species, John Feikens

University of Michigan Journal of Law Reform

George Bernard Shaw, the Irish dramatist and arch gadfly, once said, "The reasonable man adapts himself to the world: the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man. "

With this tantalizing opener, let me say that I will attempt to point out to you my deep concern about the gradual elimination of jury trials in civil cases in our country.

The American Advantage: The Value Of Inefficient Litigation, Samuel R. Gross

Articles

In a recent article, The German Advantage in Civil Procedure,1 Professor John Langbein claims that the German system of civil litigation is superior to the American; in an earlier article he makes a parallel claim about German criminal procedure.2 Roughly, Professor Langbein argues that by comparison to the German process, American litigation is overly complex, expensive, slow, and unpredictable - in short, inefficient.3 Professor Langbein is not the first and will not be the last to criticize American legal institutions in these terms, but he expresses this criticism particularly well: he is concise and concrete, he describes American practice by …

Mass And Repetitive Litigation In The Federal Courts, Edward H. Cooper

Articles

The topic of "Mass and Repetitive Litigation in the Federal Courts" is even more vast and unwieldy than the complex litigations it brings to mind. The implicit assignment to address the topic by contemplating the events that may occur over the next century is still more daunting. One hundred years bring untellable changes to all of our social and political institutions, judicial and otherwise. Rather than attempt to meet the challenge by uttering bold prophecies of the circumstances that will confront our successors of the future, I will follow an easier course. This paper will select a few illustrations of …

Computer Software Copyright Infringement: The Second Generation, Jeffrey A. Berkowitz

Touro Law Review

No abstract provided.

Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach

Touro Law Review

No abstract provided.

Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

The Conduct Of Voir Dire: A Psychological Analysis, Valerie P. Hans

Cornell Law Faculty Publications

The voir dire process in jury selection, in which the prospective jurors are questioned about their possible biases in the case, has come under increasing scrutiny in recent years. This article discusses psychological research and its implications for the conduct of the voir dire. The research indicates that individual, sequestered, open-ended questioning on issues directly relevant to the trial is the superior method for uncovering bias in prospective jurors. Furthermore, adversary attorneys appear to have a modest edge over judges in the detection of prejudice. The author notes that these findings must be balanced against other interests served by the …

Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley

Scholarly Works

Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests that …

Substantive Policies And Choice Of Law, Willis L. M. Reese

Touro Law Review

No abstract provided.

New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember

Touro Law Review

No abstract provided.

Government Nonacquiescence Case In Point: Social Security Litigation

Touro Law Review

No abstract provided.

The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig

Touro Law Review

No abstract provided.

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley

Touro Law Review

No abstract provided.

Labor Law Preemption: Procedure And Substance: An Analysis Of International Longshoremen's Association V. Davis, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Int'l Longshoremen's Ass'n v. Davis, 476 U.S. 380 (1986). The author expected the Court to address 2 issues: (1) at what point in a case must the issue of federal preemption be raised?; and (2) to what extent is state law preempted by federal labor law?

Quantification Of Indian Rights: Problems Of Proof, Harry R. Sachse

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

32 pages.

Confidence In Probability: Burdens Of Persuasion In A World Of Imperfect Knowledge, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Forcing Attorneys To Represent Indigent Civil Litigants: The Problems And Some Proposals, Greg Stevens

University of Michigan Journal of Law Reform

This Note argues that uncompensated court appointments represent an unsatisfactory means to provide counsel for indigents. Part I discusses the policy arguments for and against forced, uncompensated court appointments. Part I concludes that the arguments against these appointments outweigh the arguments in favor of them. Part II argues that they violate the Constitution's prohibitions against uncompensated takings and involuntary servitude. Part III offers a proposal that would provide effective representation for indigent civil litigants, while avoiding infringement of attorneys' constitutional rights.

Measuring The Costs Of Civil Justice, Edward Brunet

Michigan Law Review

A Review of Costs of the Civil Justice System: Court Expenditures for Various Types of Civil Cases by J.S. Kakalik and R.L. Ross

Taking Bureaucracy Seriously, Henry Paul Monaghan

Faculty Scholarship

The Federal Courts: Crisis and Reform can be viewed as not one but two "books." "Book I" (pp. 1-192), which reflects Judge Posner's well-known commitment to the interplay of law and economics, adds to the literature on the explosive and unremitting growth of litigation in the inferior federal courts during the last quarter-century. Noting this situation with alarm, Judge Posner seeks to identify the dimensions of the "crisis," to evaluate some current proposals for reform, and to advance some of his own. “Book II” (pp. 192-340) is quite different. Considerably less reliant upon law and economics, it addresses the substance …

Abusive Pro Se Plaintiffs In The Federal Courts: Proposals For Judicial Control, Michael J. Mueller

University of Michigan Journal of Law Reform

This Note argues that a few courts have adopted lawful restraints and administrative procedures that, if uniformly adopted, would significantly improve protection of judicial resources while preserving access to the civil courts for legitimate claims. Part I identifies career plaintiffs and the burdens imposed on courts by excessive and abusive litigation. Part I also examines the source and scope of the right of access to the judicial process. Part II analyzes judicial responses to abuse in terms of their constitutionality and effectiveness at curbing such tactics. Part III advocates administrative procedures that would promote earlier identification of pro se career …

Wetlands Preservation And The Protection Of Endangered Species As Limits On Western Water Development, A. Dan Tarlock

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

25 pages.

[Section] 404 Panel Discussion, Gregory J. Hobbs, Jr.

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

5 pages.

Supplemental materials. Includes proposed bill language for Department of the Interior appropriations bill. Outline of key events and dates in the history of water law.

Panel: Section 404 Of The Clean Water Act And Section 7 Of The Endangered Species Act: Potential Impacts On Water Supplies [Supplemental Materials], Wendy C. Weiss

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

57 pages.

Supplemental materials. Includes text of Riverside Irrigation District v. Andrews, 568 F.Supp 563 and Opening Brief of Plaintiff-Intervenor-Appellants in Riverside Irrigation District v. Andrews, Cases No. 83-2114, 83-2115, 83-2119, 83-2230, April 3, 1984.

Groundwater Control Programs Affecting Water Development, Arthur L. Littleworth

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

19 pages.

Ferc, Purpa And The Federal Power Act, Lawrence J. Wolfe

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

62 pages.

Contains references.

The Case For A Legislative Solution To Indian Water Claims, James M. Bush

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

57 pages.