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Articles 1381 - 1410 of 1463
Full-Text Articles in Litigation
Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert
Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert
Michigan Law Review
When a fundamental constitutional right is at issue, it is admittedly difficult for the Court to treat the lower courts as laboratories. But if the constitutional right turns on empirical questions, it is better to wait for knowledge than to rush toward a judgment that may later be shown to have vitiated an important right across all circuits. If the Court feels compelled to resolve the conflict, the better decision - if empirical issues are seen as central - is to sustain the right to jury trial regardless of complexity. Sustaining that right will allow courts and researchers to collect …
Restating Territorial Jurisdiction And Venue For State And Federal Courts, Kevin M. Clermont
Restating Territorial Jurisdiction And Venue For State And Federal Courts, Kevin M. Clermont
Cornell Law Faculty Publications
"Jurisdiction must become venue," concluded Professor Albert A. Ehrenzweig. Perhaps it should. More certain is the proposition that comprehending jurisdiction requires mastering its relationship with venue. Such conclusions lie at some distance, however, bringing to mind that every journey must begin with a single step. A solid first step takes me to the subject of this Symposium, the Restatement (Second) of Judgments. This, put simply, is a masterful work. Even while still in tentative drafts, it proved an invaluable aid to judge, practitioner, teacher, and student. Yet in a work of such scope, anyone could find grounds for differing. …
The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman
The Decline Of The Adversary System: How The Rhetoric Of Swift And Certain Justice Has Affected Adjudication In American Courts, Stephan Landsman
Buffalo Law Review
No abstract provided.
The Exhaustion Of Local Remedies Rule And Forum Non Conveniens In International Litigation In U.S. Courts, Stephen W. Yale-Loehr
The Exhaustion Of Local Remedies Rule And Forum Non Conveniens In International Litigation In U.S. Courts, Stephen W. Yale-Loehr
Cornell Law Faculty Publications
No abstract provided.
Personal Jurisdiction And Choice Of Law, James Martin
Personal Jurisdiction And Choice Of Law, James Martin
Michigan Law Review
The time has come for the Supreme Court to declare that a state may not apply its own law to a case unless it has the "minimum contacts" required by International Shoe for the exercise of specific personal jurisdiction over the defendant. Although the present state of the law is less than certain, the Supreme Court has not yet required that a state show it has minimum contacts with a defendant before applying its law. As a result, in some cases where a state has obtained personal jurisdiction because of a defendant's contacts unrelated to the case - contacts such …
Limitation Borrowing In Federal Courts, Michigan Law Review
Limitation Borrowing In Federal Courts, Michigan Law Review
Michigan Law Review
This Note studies limitations on federal actions in light of Occidental Life. Part I discusses the reasons for limiting actions and presents a short history ·of the limitation of actions. Part II analyzes the alternatives for the federal courts when no statute of limitations applies directly. Finally, the Note suggests a solution that will achieve a result most nearly consistent with both the reasons for limiting actions and the proper role of the judiciary. It suggests, notwithstanding Occidental Life, that in some situations courts should borrow specific federal statutes of limitations and that in the remainder they should …
Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.
Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.
Seattle University Law Review
Recent Supreme Court decisions severely restrict the right of citizens to litigate in federal courts. The Court's standing requirements not only limit the ability of citizens to successfully invoke federal court jurisdiction, but also confuse lower courts and litigants attempting to apply the requirements. Standing requirements have met with increasing criticism. And Congress is now considering legislative modification of standing doctrine. Unfortunately, the Court's employment of constitutional foundations in establishing current standing requirements imposes substantial roadblocks Congress must avoid to enact remedial standing legislation. This comment examines the constitutional and pragmatic difficulties of statutory modification of standing requirements and recommends …
Civil Litigation And Jura Novit Curia, Lawrence G. Baxter
Civil Litigation And Jura Novit Curia, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller
Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller
Publications
No abstract provided.
Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle
Assumption Of Risk In A Comparative Negligence System-- Doctrinal, Practical, And Policy Issues, Daniel O. Conkle
Articles by Maurer Faculty
The adoption of a new principle of law invariably impinges upon related legal concepts, raising issue that were not considered when the law was changed. The adoption of comparative negligence, a drastic departure from the long-held principle of contributory negligence, has forced courts to consider how the related concept of assumption of risk is affected by the change. Because there are different types of assumption of risk, and various doctrinal, practical, and policy issues, a proper determination of the role for assumption of risk in a comparative negligence system depends upon a thorough examination of many relevant considerations. Unfortunately, two …
Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks
Effects Of Corroboration Instructions In A Rape Case On Experimental Juries, Valerie P. Hans, Neil Brooks
Cornell Law Faculty Publications
The rules of evidence have evolved, in the main, to protect the jury from being misled, prejudiced or confused by certain types of evidence which might be presented to it. The rules attempt to achieve this purpose by utilizing a number of techniques, which were fashioned by common law judges. First, evidence which gives rise to these dangers might be excluded from the jury's consideration altogether. Secondly, such evidence might have to be corroborated by other evidence before the jury is permitted to reach a verdict in the case. Thirdly, the judge might be compelled to instruct the jury that …
Preparation And Presentation Of The Oral Argument In A Court Of Review, 13 New Eng. L. Rev. 265 (1977), Michael Closen, Marc Ginsberg
Preparation And Presentation Of The Oral Argument In A Court Of Review, 13 New Eng. L. Rev. 265 (1977), Michael Closen, Marc Ginsberg
UIC Law Open Access Faculty Scholarship
No abstract provided.
Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller
Instructing The Jury Upon Presumptions In Civil Cases: Comparing Federal Rule 301 With Uniform Rule 301, Christopher B. Mueller
Publications
No abstract provided.
The Effect Of Representation In Nonadversary Proceedings -- A Study Of Three Disability Programs, William D. Popkin
The Effect Of Representation In Nonadversary Proceedings -- A Study Of Three Disability Programs, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Measuring The Duration Of Judicial And Administrative Proceedings, David S. Clark, John Henry Merryman
Measuring The Duration Of Judicial And Administrative Proceedings, David S. Clark, John Henry Merryman
Michigan Law Review
A method of estimating the probable duration of litigation is useful for a variety of purposes. First, the probable duration of a case may, to some extent, determine strategy in litigation since prolonged litigation is often perceived as an appreciable cost to one party and as a benefit to the other. An estimate of the duration of a criminal case, for example, probably influences the respective postures of a defendant and a prosecutor in plea bargaining. Similarly, civil litigants may be able to use an estimate of the probable duration of litigation, together with other factors, in deciding whether to …
Measuring The Duration Of Judicial And Administrative Proceedings: A Comment, David P. Doane
Measuring The Duration Of Judicial And Administrative Proceedings: A Comment, David P. Doane
Michigan Law Review
Professors Clark and Merryman propose a useful indirect measure of the duration of litigation whose primary virtue is its ease of computation from published court data. As the authors note, such a measure of duration may be useful to persons involved in judicial administration and to attorneys formulating strategy in litigation, and the legal community should find informative their illustration of the concept with Italian court data. Concluding on a pragmatic note, Professors Clark and Merryman appear to suggest that attorneys, clients, judges, court administrators, and social scientists must ultimately assess the utility of their concept. In making this assessment, …
Standing, Mootness, And Federal Rule 23—Balancing Perspectives, Mary Kay Kane
Standing, Mootness, And Federal Rule 23—Balancing Perspectives, Mary Kay Kane
Buffalo Law Review
No abstract provided.
Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob
Section 12 Of The Canada Evidence Act And The Deliberations Of Simulated Juries, Valerie P. Hans, Anthony N. Doob
Cornell Law Faculty Publications
In the past, there have been three major approaches to the experimental investigation of the jury. First, juror selection research involves the study of the relation between verdicts or leniency toward certain classes of defendants and the characteristics of potential jurors. The second class of research is group study, in which the amount and style of individual participation is observed within the context of simulated jury deliberations (e.g., Strodtbeck, James and Hawkins, 1957). Finally, experimental psychology has made another contribution to the study of the jury; numerous researchers have conducted experimental studies employing legal stimulus materials. Typically, in such a …
The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell
The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell
University of Michigan Journal of Law Reform
After the Supreme Court declared in Gideon v. Wainwright that indigents have a constitutional right to appointed counsel in criminal cases, attention turned to the possibility that a similar right could be found for civil litigants. Although there is no explicit constitutional guarantee of counsel for the civil litigant, the due process clause, which protects property rights as well as personal freedoms, arguably mandates that there be a right to professional representation of all citizens in all courts. The inability of most laymen to effectively present even a rudimentary case on their own behalf indicates that without counsel a meaningful …
Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein
Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein
Faculty Scholarship
No abstract provided.
Introduction: Environmental Law Section, Second Circuit Review, 1974–75 Term, Ross Sandler
Introduction: Environmental Law Section, Second Circuit Review, 1974–75 Term, Ross Sandler
Articles & Chapters
No abstract provided.
Symposium: The Use Of Videotape In The Courtroom, Tom C. Clark
Symposium: The Use Of Videotape In The Courtroom, Tom C. Clark
BYU Law Review
No abstract provided.
Critique - Data In Search Of Theory In Search Of Policy: Behavioral Responses To Videotape In The Courtroom, Gordon Bermant
Critique - Data In Search Of Theory In Search Of Policy: Behavioral Responses To Videotape In The Courtroom, Gordon Bermant
BYU Law Review
No abstract provided.
Opening Pandora's Box: Asking Judges And Attorneys To React To The Videotape Trial, Robert J. Grow, Robert A. Johnson
Opening Pandora's Box: Asking Judges And Attorneys To React To The Videotape Trial, Robert J. Grow, Robert A. Johnson
BYU Law Review
No abstract provided.
Judicial Reform At The Lowest Level: A Model Statute For Small Claims Courts, Robert H. Brownlee, Charles L. Lewis, Gregory J. Moonie, William H. Pickering, Paul C. Deemer, Iii Special Projects Editor
Judicial Reform At The Lowest Level: A Model Statute For Small Claims Courts, Robert H. Brownlee, Charles L. Lewis, Gregory J. Moonie, William H. Pickering, Paul C. Deemer, Iii Special Projects Editor
Vanderbilt Law Review
The purpose of this Special Project is to analyze the development of procedures for adjudicating small claims, with particular emphasis on the State of Tennessee, and to suggest statutory revisions that may be of value in improving the quality of justice at the lowest level of the judicial system. The Project study commences with an historical survey of the origins of small claims theory and the various court attempts to apply the theory that have been made in the United States during the last half-century. The result of this analysis will be a characterization of a model small claims court.The …
Attorney's Securities Law Liabilities, Roberta S. Karmel
Attorney's Securities Law Liabilities, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Grand Jury: Bulwark Of Prosecutorial Immunity?, Michael K. Williams
Grand Jury: Bulwark Of Prosecutorial Immunity?, Michael K. Williams
Loyola University Chicago Law Journal
No abstract provided.
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
The Consumer Class Action, Arthur H. Travers Jr., Jonathan M. Landers
Publications
No abstract provided.
Notes From A Study Of The Caseload Of The Minnesota Supreme Court: Some Comments And Statistics On Pressures And Responses, Charles W. Wolfram
Notes From A Study Of The Caseload Of The Minnesota Supreme Court: Some Comments And Statistics On Pressures And Responses, Charles W. Wolfram
Cornell Law Faculty Publications
No abstract provided.
Gleisser: Juries And Justice, Charles S. Desmond
Gleisser: Juries And Justice, Charles S. Desmond
Michigan Law Review
A Review of Juries and Justice by Marcus Gleisser