Open Access. Powered by Scholars. Published by Universities.®

Litigation Commons™

Open Access. Powered by Scholars. Published by Universities.®

1995

Discipline
Institution
Keyword
Publication
Publication Type

Articles 91 - 98 of 98

Full-Text Articles in Litigation

Women Litigators In Search Of A Care-Oriented Judicial System, Jennifer A. Freyer Jan 1995

Women Litigators In Search Of A Care-Oriented Judicial System, Jennifer A. Freyer

American University Journal of Gender, Social Policy & the Law

No abstract provided.


What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser Jan 1995

What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser

Publications

No abstract provided.


Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg Jan 1995

Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Metaphors are not pretty figures of speech; they affect the way people within cultures perceive reality. It is therefore significant that the metaphors most commonly used for the adversary system center on war and sports. This tends to over-emphasize the competitive aspects of litigation and disguise opportunities for more cooperative behavior. This article collects and analyzes those metaphors, and discusses the reasons for their powerful hold on legal culture. It also considers some of the negative effects of the metaphorical system and speculates about whether we could find and nurture alternative metaphors.


International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg Jan 1995

International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg

LLM Theses and Essays

Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …


Rape And The Requirement Of Force: Is There Hope For Pennsylvania After Pennsylvania V. Berkowitz?, Crystal S. Deese Jan 1995

Rape And The Requirement Of Force: Is There Hope For Pennsylvania After Pennsylvania V. Berkowitz?, Crystal S. Deese

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Intellectual Coherence In An Evidence Code, Paul F. Rothstein Jan 1995

Intellectual Coherence In An Evidence Code, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The Federal Rules of Evidence (Federal Rules or Rules) were created in large part to promote uniformity and predictability in federal trials by providing a relatively instructive guide for judges and lawyers concerning the admissibility of evidence. As with any codification, success in this respect requires, among other things, that there be a considerable degree of intellectual coherence among the code's various provisions. The Federal Rules fall short of intellectual coherence in a number of areas. They contain contradictory and inconsistent mandates that do not make theoretical sense and therefore accord the trial judge almost unlimited discretion in these areas. …


Section 1983 Litigation, Martin A. Schwartz Jan 1995

Section 1983 Litigation, Martin A. Schwartz

Scholarly Works

No abstract provided.


Foreword, J. Dennis Hynes Jan 1995

Foreword, J. Dennis Hynes

Publications

No abstract provided.