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1981

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Articles 91 - 113 of 113

Full-Text Articles in Litigation

Water Resources Allocation: Reclaiming Municipal Wastewater For Agricultural Use: Outline, Robert C. Kerr Jun 1981

Water Resources Allocation: Reclaiming Municipal Wastewater For Agricultural Use: Outline, Robert C. Kerr

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

26 pages (includes illustrations).


A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D. Jun 1981

A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D.

West Virginia Law Review

No abstract provided.


The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman Jun 1981

The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman

West Virginia Law Review

No abstract provided.


Closing The Evidentiary Gap: A Review Of Circuit Court Opinions Analyzing Federal Black Lung Presumptions Of Entitlement, Henry L. Stephens Jr., Alva A. Hollon Jr. Jun 1981

Closing The Evidentiary Gap: A Review Of Circuit Court Opinions Analyzing Federal Black Lung Presumptions Of Entitlement, Henry L. Stephens Jr., Alva A. Hollon Jr.

West Virginia Law Review

No abstract provided.


Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review May 1981

Disclosure Of Grand Jury Materials Under Clayton Act Section 4f(B), Michigan Law Review

Michigan Law Review

This Note analyzes the controversy and concludes that the latter courts are correct: Congress never intended to abrogate or modify rule 6(e)'s "particularized need" standard when it enacted section4F(b). Part I discusses whether Congress intended section 4F(b) to require the Attorney General to disclose grand jury materials to state attorneys general upon request, thereby abrogating rule 6(e)'s explicit prohibition against such disclosure. Part II examines the statutory language and legislative history of section). 4F(b) to determine whether Congress intended section 4F(b) to modify rule 6(e)'s "particularized need" standard. Finally, Part III evaluates the policies affected by liberalized disclosure of grand …


Survey Of Developments In The Fourth Circuit: 1980 Apr 1981

Survey Of Developments In The Fourth Circuit: 1980

West Virginia Law Review

No abstract provided.


The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck Mar 1981

The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck

Washington Law Review

The dustjacket for this already provocatively entitled book continues with the additional legend: "Only the Lawyers Win-Most people get nothing. A few get too much. A proposal for reform." This addition to the title of the book gives appropriate, if not exact, warning that a reader is about to fall under the influence of a spell-binding author, whose sense of theatre equals that of the lawyers whose exploits he exposes. It does not, however, prepare one for his serious analysis, arguments, and proposals concerning how law should distribute the losses of accidental injuries which occur in our society.


The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck Mar 1981

The Lawsuit Lottery, By Jeffrey O'Connell (1979), Cornelius J. Peck

Washington Law Review

The dustjacket for this already provocatively entitled book continues with the additional legend: "Only the Lawyers Win-Most people get nothing. A few get too much. A proposal for reform." This addition to the title of the book gives appropriate, if not exact, warning that a reader is about to fall under the influence of a spell-binding author, whose sense of theatre equals that of the lawyers whose exploits he exposes. It does not, however, prepare one for his serious analysis, arguments, and proposals concerning how law should distribute the losses of accidental injuries which occur in our society.


Hired Guns, Norval Morris Mar 1981

Hired Guns, Norval Morris

Michigan Law Review

A Review of Partisan Justice by Marvin E. Frankel


Restating Territorial Jurisdiction And Venue For State And Federal Courts, Kevin M. Clermont Mar 1981

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. …


Mandatory Intervention: Expansion Of Collateral Estoppel In Favor Of Single Defendants Against Multiple Plaintiffs In Federal Civil Litigation, 14 J. Marshall L. Rev. 441 (1981), Michael C. Sachs Jan 1981

Mandatory Intervention: Expansion Of Collateral Estoppel In Favor Of Single Defendants Against Multiple Plaintiffs In Federal Civil Litigation, 14 J. Marshall L. Rev. 441 (1981), Michael C. Sachs

UIC Law Review

No abstract provided.


Rogers V. Robson: Increased Malpractice Liability For Insurance Defense Counsel, 14 J. Marshall L. Rev. 589 (1981), Martha Bruns Weiss Jan 1981

Rogers V. Robson: Increased Malpractice Liability For Insurance Defense Counsel, 14 J. Marshall L. Rev. 589 (1981), Martha Bruns Weiss

UIC Law Review

No abstract provided.


The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli Jan 1981

The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Ohio Rules Of Evidence: Part V, Paul C. Giannelli Jan 1981

The Ohio Rules Of Evidence: Part V, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Discretionary Function Exception And The Suits In Admiralty Act: A Safe Harbor For Negligence?, Kathryn C. Nielsen Jan 1981

The Discretionary Function Exception And The Suits In Admiralty Act: A Safe Harbor For Negligence?, Kathryn C. Nielsen

Seattle University Law Review

This comment will focus on the different circuits' responses to the issue of whether the SIA should be read in light of the discretionary function exception.


Flexible Mootness In Class Certification, Enid L. Zafran Jan 1981

Flexible Mootness In Class Certification, Enid L. Zafran

Cleveland State Law Review

While the purposes of class actions are easy to comprehend, the actual application and requirements of Rule 23 are complex. Before the suit may proceed, it must be certified by the trial court. Although Rule 23 carefully lists the criteria for the court to consider, certification is not a predictable outcome. If it is denied, the action is then litigated solely on the claims of the named plaintiffs. Under certain circumstances the denial would signal the end of the suit. Such an instance would occur if the named plaintiff's claims had become moot. His action would no longer satisfy the …


A Rationale For An Exception To The Seventh Amendment Right To A Jury Trial: In Re Japanese Electronic Products Antitrust Litigation, Frank M. Loo Jan 1981

A Rationale For An Exception To The Seventh Amendment Right To A Jury Trial: In Re Japanese Electronic Products Antitrust Litigation, Frank M. Loo

Cleveland State Law Review

This Article will analyze the Third Circuit's decision and reasoning in Japanese Electronic, in light of the pervasiveness of the seventh amendment right to a jury trial, and argue that exceptions to the seventh amendment exist, not in spite of, but precisely due to the overriding need for procedural due process. The thesis of this Article is that exceptions to the jury trial right should be permitted, and such exceptions are consistent with this right. The Article will focus especially on the Third Circuit's construction of a three-part test, and will examine an alternative basis for finding an exception to …


Products Liability, Whitmore Gray Jan 1981

Products Liability, Whitmore Gray

Book Chapters

The choice of "product liability" as a topic for the Tenth International Congress of Comparative Law was most appropriate. At the present time the legal periodicals are full of articles on this topic, the courts (not only in the United States) are handling an increasing load of these cases, the First World Congress on Product Liability has been held (London, 1977), and unification and harmonization work is already well advanced.

At the time of the First International Comparative Law Congress in 1934 it would have been hard to predict the development of this area of the law out of the …


The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli Jan 1981

The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli Jan 1981

The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Judge Frankel And The Adversary System, William T. Pizzi Jan 1981

Judge Frankel And The Adversary System, William T. Pizzi

Publications

No abstract provided.


Federal Class Action Reform: A Response To The Proposed Legislation, George B. Mickum Iii, Carol A. Rhees Jan 1981

Federal Class Action Reform: A Response To The Proposed Legislation, George B. Mickum Iii, Carol A. Rhees

Kentucky Law Journal

No abstract provided.


Expenses: The Roadblock To Justice, Maurice Rosenberg, Peter F. Rient, Thomas D. Rowe Jr. Jan 1981

Expenses: The Roadblock To Justice, Maurice Rosenberg, Peter F. Rient, Thomas D. Rowe Jr.

Faculty Scholarship

No abstract provided.