Litigation Commons^™

Weiland V. Telectronics Pacing Systems, Inc.: Illinois Reexamines Medical Device Preemption, Adrian S. Allen

Indiana Law Journal

No abstract provided.

The Implications Of Kumho Tire: Applying Daubert Analysis To Warning-Label Testimony In Products Liability Cases, Sara K. Ledford

Indiana Law Journal

No abstract provided.

Public Interest Litigation In A Comparative Context, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon

Federal Communications Law Journal

Since it began promulgating rules to implement the local competition provisions of the Telecommunications Act of 1996, the FCC has been under attack in the courts. The road has been a rough one, and the Commission has lost on a good many issues. The Commission has regularly accused its opponents in these legal battles-chiefly the incumbent local exchange carriers-of using litigation to impede the implementation of the 1996 Act’s local competition provisions. As discussed in this Article, if litigation has in fact slowed the introduction of competition in the local exchange markets, the Commission itself must share some of the …

"The Mis-Characterization Of The Negro": A Race Critique Of The Prior Conviction Impeachment Rule, Montrè D. Carodine

Indiana Law Journal

The election of Barack Obama as the nation's first Black President was a watershed moment with respect to race relations in the United States. Obama's election removed what to many seemed a nearly insurmountable racial barrier. Yet as he transitions into his historic role and his family becomes the first Black occupants of the White House, scores of Blacks are housed in jails and prisons across the country. The mass incarceration of Blacks, among other serious issues, demonstrates that race still matters in the United States. As then-presidential candidate Obama acknowledged in the speech that many viewed to be pivotal …

Now V. Scheidler, Round Two, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Legal Opinions In Corporate Transactions Affected By Fcc Regulation: An Economic Approach, John C. Quale, Brian D. Weimer

Federal Communications Law Journal

In 1996, a subcommittee of the Federal Communications Bar Association published a report on legal opinion practice in corporate transactions involving FCC licensees (the FCBA Report). The FCBA Report, although inspired by the American Bar Association’s Legal Opinion Accord and Guidelines (the Accord), deviated from the Accord in many important respects. The FCBA Report likewise is at variance with the recent report of the TriBar Opinion Committee (the TriBar Report), which presents a comprehensive treatment of customary legal opinion practice. Given recent developments in case law expanding the liability of lawyers to third parties for their …

Which Cases Go To Trial?: An Empirical Study Of Predictors Of Failure To Settle, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

Precedent Lost: Why Encourage Settlement, And Why Permit Non-Party Involvement In Settlements?, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

Cigarette Law, Daniel Givelber

Indiana Law Journal

No abstract provided.

Property Rights, Reliance, And Retroactivity Under The Communications Act Of 1934, William L. Fishman

Federal Communications Law Journal

Although the FCC and courts have concluded that licensees have certain property interests in their licenses, they do not acquire any ownership interests even when, via a spectrum auction, they pay for their licenses. What narrow property interests licensees maintain are limited, and the FCC has broad power to modify existing licenses if doing so is in the public interest. License owners have sought to limit or defeat otherwise lawful FCC actions to alter their licenses by asserting a reliance interest on prior agency action or policy. Licensees may find comfort in the fact that some courts have acknowledged these …

Do You Feel The Sunshine? Government In The Sunshine Act: Its Objectives, Goals, And Effect On The Fcc And You, Kathy Bradley

Federal Communications Law Journal

This Note posits that the Sunshine Act should be narrowed to allow the FCC to operate in the same way as Congress and the Federal courts. The FCC should be allowed to engage in open and frank discussion of issues facing the Commission without rigid restrictions on collegial conversation between Commission members.

How U.S. Procedure Skews Tort Law Incentives, Jonathan T. Molot

Indiana Law Journal

No abstract provided.

Warning! The Manufacturer Of This Product May Have Engaged In Cover-Ups, Lies, And Concealment: Making The Case For Limitless Punitive Awards In Product Liability Lawsuits, Cynthia R. Mabry

Indiana Law Journal

No abstract provided.

Report Of The Subcommittee On Legal Opinions Of The Transactional Practice Committee Of The Federal Communications Bar Association, Federal Communications Bar Association

Federal Communications Law Journal

The Federal Communications Bar Association created an Ad Hoc Committee on Opinion Letters to create and develop materials to assist practitioners in drafting and negotiating opinion letters for FCC-related transactions. This Committee Report is intended to facilitate negotiations between opinion givers and recipients, whose respective business operations are at least in part regulated by the FCC. However, the Report is drafted with the assumption that practitioners utilizing it understand the basis for certain opinions are counsel(s examination of records which may be incomplete in the public reference room.

The Report is divided into four parts: (1) the general status of …

The Adverse Testimony Privilege, Inalienable Entitlements, And The "Internal Stance": A Response To Professor Regan, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Reinventing Fcc Adjudication, Sidney White Rhyne

Federal Communications Law Journal

No abstract provided.

Mandatory Disclosure And Local Abrogation: In Search Of A Theory For Optional Rules, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Reform Aspirations Of The Complex Litigation Project, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Keeping Cross-Examination Under Control, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

Power And Legal Artifice: The Federal Class Action, Bryant Garth

Articles by Maurer Faculty

Using case studies and interviews with lawyers and representatives in class actions, this article explores the contribution that class actions make to their ostensible beneficiaries. The article first distinguishes the major types of class actions in terms of the roles of lawyers and class representatives, ranging from very passive representatives to individuals intensively involved with the dispute that gave rise to the litigation. The article next seeks to evaluate the class actions. On the basis of the results of the class actions, the article finds that class actions cannot be proclaimed major contributors to social change. The focus on results, …

Bankruptcy-Based Discrimination, Douglass G. Boshkoff

Articles by Maurer Faculty

No abstract provided.

Book Review. This Week On The Talk Shows: The Litigation Explosion, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

Complex-Litigation Reform And The Legislative Process, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.

Viva Zapata!: Toward A Rational System Of Forum-Selection Clause Enforcement In Diversity Cases, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

Symmetries Of Access In Civil Rights Litigation: Politics, Pragmatism And Will, Gene R. Shreve

Indiana Law Journal

No abstract provided.

The Case In Support Of Legislation Facilitating The Consolidation Of Mass-Accident Litigation: A View From The Legislature, Charles G. Geyh, Robert W. Kastenmeier

Articles by Maurer Faculty

No abstract provided.

Equitable Discretion To Dismiss Congressional-Plaintiff Suits: A Reassessment, Sophia Goodman

Articles by Maurer Faculty

The United States Court of Appeals for the District of Columbia Circuit has devised a doctrine called equitable
discretion to screen congressional-plaintiff suits. The Author argues that the doctrine should be abandoned. She proposes that the courts be guided by existing standng principles in deciding whether to hear these cases.

The Constitutional Right To Expert Assistance For Indigents In Civil Cases, David Medine

Articles by Maurer Faculty

No abstract provided.

Blind Man's Bluff: An Analysis Of The Discovery Of Expert Witnesses Under Federal Rule Of Civil Procedure 26(B)(4) And A Proposed Amendment, Mathew R. Wildermuth

Indiana Law Journal

No abstract provided.