Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Procedure (19)
- Courts (16)
- Jurisdiction (8)
- Torts (8)
- Civil Rights and Discrimination (5)
-
- Constitutional Law (5)
- State and Local Government Law (5)
- Education Law (4)
- Civil Law (3)
- Evidence (3)
- Property Law and Real Estate (3)
- Communication (2)
- Communications Law (2)
- Criminal Procedure (2)
- Education (2)
- Intellectual Property Law (2)
- Journalism Studies (2)
- Judges (2)
- Labor and Employment Law (2)
- Law and Politics (2)
- Legal Profession (2)
- Legislation (2)
- Social and Behavioral Sciences (2)
- Tax Law (2)
- Accounting Law (1)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Keyword
-
- Videotape (4)
- Jury trial (3)
- Administrative Law (1)
- Civil Enforcment (1)
- Civil Procedure (1)
-
- Class Action (1)
- Collateral order doctrine (1)
- Corporations (1)
- Costs (1)
- Courtroom (1)
- Courtroom Symposium (1)
- Criminal Courts (1)
- Discovery (1)
- Economics (1)
- Final judgment rule (1)
- Forced medication (1)
- Interviews (1)
- Juror (1)
- Multistate Action (1)
- Parens Patriae (1)
- Pleading (1)
- Private Enforcement (1)
- Settlement (1)
- State Attorney General (1)
- Testimony (1)
- Trial (1)
- Trial testimony (1)
- Twombly (1)
- Videotape Testimony (1)
- Publication Year
- Publication
- Publication Type
Articles 31 - 60 of 82
Full-Text Articles in Litigation
Balancing The Pleading Equation, Paul Stancil
Balancing The Pleading Equation, Paul Stancil
Faculty Scholarship
Pleading standards present a tale of two asymmetries. The first is informational: Plaintiffs don't know as much as defendants about defendants' alleged wrongful behavior. Given that, a liberal pleading standard may be sensible; overly demanding pleading standards may ultimately deny justice to worthy plaintiffs who cannot know critical details of their claims before filing.
But informational asymmetry is sometimes counterbalanced by a competing cost asymmetry. In certain circumstances, the cost of litigation is radically different for plaintiffs and defendants. The primary driver of this disparity is liberal discovery; in certain kinds of cases - consumer antitrust cases, for example: defendants' …
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Media Subpoenas: Impact, Perception, And Legal Protection In The Changing World Of American Journalism, Ronnell Andersen Jones
Faculty Scholarship
Forty years ago, at a time when the media were experiencing enormous professional change and a surge of subpoena activity, First Amendment scholar Vincent Blasi investigated the perceptions of members of the press and the impact of subpoenas within American newsrooms in a study that quickly came to be regarded as a watershed in media law. That empirical information is now a full generation old, and American journalism faces a new critical moment. The traditional press once again finds itself facing a surge of subpoenas and once again finds itself at a time of intense change—albeit on a different trajectory—as …
Death By A Thousand Cuts Or Hard Bargaining?: How The Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta
Death By A Thousand Cuts Or Hard Bargaining?: How The Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta
Brigham Young University Journal of Public Law
No abstract provided.
Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Andersen Jones
Avalanche Or Undue Alarm? An Empirical Study Of Subpoenas Received By The News Media, Ronnell Andersen Jones
Faculty Scholarship
For more than thirty years, proponents and opponents of a federal reporter’s shield law have debated the necessity of a privilege for members of the news media and have disagreed sharply about the frequency with which subpoenas are issued to the press. Most recently, in the wake of several high-profile contempt cases, proponents have pointed to a perceived “avalanche” of subpoenas, while opponents have contended that the receipt of subpoenas by reporters remains very rare. This article summarizes the results of an empirical study on the question. The study gathered data on subpoenas received by daily newspapers and network-affiliated television …
Boomerang Litigation: How Convenient Is Forum Non Conveniens In Transnational Litigation?, M. Ryan Casey, Barrett Ristroph
Boomerang Litigation: How Convenient Is Forum Non Conveniens In Transnational Litigation?, M. Ryan Casey, Barrett Ristroph
Brigham Young University International Law & Management Review
No abstract provided.
The Litigation Explosin, Proposed Reforms, And Their Consequences, Michael D. Johnston
The Litigation Explosin, Proposed Reforms, And Their Consequences, Michael D. Johnston
Brigham Young University Journal of Public Law
No abstract provided.
Constructing Class Action Reality, Debra Lyn Bassett
Constructing Class Action Reality, Debra Lyn Bassett
BYU Law Review
No abstract provided.
Eternal Student Loan Liability: Who Can Sue Under 20 U.S.C. § 1091a?, Glenn E. Roper
Eternal Student Loan Liability: Who Can Sue Under 20 U.S.C. § 1091a?, Glenn E. Roper
Brigham Young University Journal of Public Law
No abstract provided.
Rethinking Optimality In Tort Litigation: The Promis Of Reverse Cost-Shifting, Jonathan Fischbach, Michael Fischbach
Rethinking Optimality In Tort Litigation: The Promis Of Reverse Cost-Shifting, Jonathan Fischbach, Michael Fischbach
Brigham Young University Journal of Public Law
No abstract provided.
Across Four Aprils: School Finance Litigation In Virginia, Ashley Mcdonald Delja
Across Four Aprils: School Finance Litigation In Virginia, Ashley Mcdonald Delja
Brigham Young University Education and Law Journal
No abstract provided.
Important” And “Irreversible” But Maybe Not “Unreviewable”: The Dilemma Of Protecting Defendants’ Rights Through The Collateral Order Doctrine, Kristin B. Gerdy
Important” And “Irreversible” But Maybe Not “Unreviewable”: The Dilemma Of Protecting Defendants’ Rights Through The Collateral Order Doctrine, Kristin B. Gerdy
Faculty Scholarship
This articles addresses the collateral order doctrine beginning with its inception in Cohen v. Beneficial Industrial Loan Corp., and continuing through an overview of theCourt's civil collateral order jurisprudence illustrating the development of the "requirements" for attaining appellate review under the doctrine. It examines the role of "important rights" in the Court's collateral order cases and attempts to determine whether "importance" is an additional requirement of the collateral order test. The author seeks to define what the Court means by an "important" right or issue, and to explain the view that some rights are sufficiently "important" to outweigh costs of …
The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan
The Litigation To Redefine Marriage: Equality And Social Meaning , William C. Duncan
Brigham Young University Journal of Public Law
No abstract provided.
Risky Business: Attorney Liability In Insurance Defense Litigation-A Review Of The Arizona Supreme Court's Decision In Paradigm Insurance Co. V. Langerman Law Offices
BYU Law Review
No abstract provided.
Jones V. Clinton: A Study In Politically Motivated Suits, Rule 1 1, And The First Amendment, Carol Rice Andrews
Jones V. Clinton: A Study In Politically Motivated Suits, Rule 1 1, And The First Amendment, Carol Rice Andrews
BYU Law Review
No abstract provided.
Rescuing Multidistrict Litigation From The Altar Of Expediency, Carter G. Phillips, Gene C. Schaerr, Anil K. Abraham
Rescuing Multidistrict Litigation From The Altar Of Expediency, Carter G. Phillips, Gene C. Schaerr, Anil K. Abraham
BYU Law Review
No abstract provided.
The Virginia Beach Quest For Water: Drowning In A Sea Of Litigation, Richard T. Probst
The Virginia Beach Quest For Water: Drowning In A Sea Of Litigation, Richard T. Probst
Brigham Young University Journal of Public Law
No abstract provided.
Class Actions And Supplemental Jurisdiction: Will Zahn V. International Paper Co. Remain Viable?, Christopher P. Simkins
Class Actions And Supplemental Jurisdiction: Will Zahn V. International Paper Co. Remain Viable?, Christopher P. Simkins
BYU Law Review
No abstract provided.
Section L04(A)(2) After Commissioner U. Schleier: Litigating The Excludability Of Statutory Damages "Received On Account Of Personal Injuries", T. James Lee Jr.
Section L04(A)(2) After Commissioner U. Schleier: Litigating The Excludability Of Statutory Damages "Received On Account Of Personal Injuries", T. James Lee Jr.
BYU Law Review
No abstract provided.
Confronting The Consolidation Conundrum, Richard L. Marcus
Confronting The Consolidation Conundrum, Richard L. Marcus
BYU Law Review
No abstract provided.
The Ali's Complex Litigation Project And Federal-To-State Consolidation: A Due Process Analysis Of Granting To State Courts Nationwide Personal Jurisdiction, Deborah Dunn
BYU Law Review
No abstract provided.
The Complex Litigation Project's Choice Of Law Rules For Mass Torts And How To Escape Them, Fred I. Williams
The Complex Litigation Project's Choice Of Law Rules For Mass Torts And How To Escape Them, Fred I. Williams
BYU Law Review
No abstract provided.
The Ali, Supplemental Jurisdiction, And The Federal Constitutional Case, C. Douglas Floyd
The Ali, Supplemental Jurisdiction, And The Federal Constitutional Case, C. Douglas Floyd
BYU Law Review
No abstract provided.
Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii
Arthur Miller's Death Of A Doctrine Or Will The Federal Courts Abstain From Abstaining? The Complex Litigation Recommendations' Impact On The Abstention Doctrine, William A. Calhoun Ii
BYU Law Review
No abstract provided.
Antisuit Injunction And Notice Of Intervention And Preclusion: Complementary Devices To Prevent Duplicative Litigation, Edward F. Sherman
Antisuit Injunction And Notice Of Intervention And Preclusion: Complementary Devices To Prevent Duplicative Litigation, Edward F. Sherman
BYU Law Review
No abstract provided.
The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark
The Sky Is Falling-The Ali's Efficient Response To Courts In Crisis?, Christine Gail Clark
BYU Law Review
No abstract provided.
Antisuit Injunctions Under The Complex Litigation Proposal: Harmonizing The Sirens' Song Of Efficiency And Fairness With The Hymn Of Judicial Federalism And Comity, Paul W. Werner
BYU Law Review
No abstract provided.
Removing Intrastate Lawsuits: The Affecting-Commerce Argument After United States V. Lopez, Kelly G. Black
Removing Intrastate Lawsuits: The Affecting-Commerce Argument After United States V. Lopez, Kelly G. Black
BYU Law Review
No abstract provided.
Selected Provisions Of The Ali Complex Litigation Proposal: Statutory Recommendations & Reporter's Study
BYU Law Review
No abstract provided.
A Study In The Choice Of Form: Statutes Of Limitation And The Doctrine Of Laches, Gail L. Heriot
A Study In The Choice Of Form: Statutes Of Limitation And The Doctrine Of Laches, Gail L. Heriot
BYU Law Review
No abstract provided.
Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett
Punitive Damages: A Primer For Utah, Crookston V. Fire Insurance Exchange, David F. Burrett
Brigham Young University Journal of Public Law
No abstract provided.