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Litigation Commons™

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1998

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Articles 61 - 90 of 97

Full-Text Articles in Litigation

Table Of Contents, Jtaa Editors Jan 1998

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Masthead, Jtaa Editors Jan 1998

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Editor's Note, James C. Bradbury Jan 1998

Editor's Note, James C. Bradbury

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Whose Baby Are You Adopting A Critique Of The Massachusetts Adoption Laws, Katherine T. Land Jan 1998

Whose Baby Are You Adopting A Critique Of The Massachusetts Adoption Laws, Katherine T. Land

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Polygraph Admissibility In Massachusetts Under The New Standard, Angela Lackard Jan 1998

Polygraph Admissibility In Massachusetts Under The New Standard, Angela Lackard

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Supreme Judicial Court Of Massachusetts Gives Unmarried Couples Standing To Petition To Adopt Children, But Is This Really An Endorsement Of Non-Traditional Families, Katherine I. Young Jan 1998

The Supreme Judicial Court Of Massachusetts Gives Unmarried Couples Standing To Petition To Adopt Children, But Is This Really An Endorsement Of Non-Traditional Families, Katherine I. Young

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Protective Discovery Orders And The First Amendment: The Limits Of Seattle Times And The Business Week Decision, James C. Bradbury Jan 1998

Protective Discovery Orders And The First Amendment: The Limits Of Seattle Times And The Business Week Decision, James C. Bradbury

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Advocating For A Change In The Massachusetts Hiv Statute: Putting An End To Physician Uncertainty, Catherine Agnello Jan 1998

Advocating For A Change In The Massachusetts Hiv Statute: Putting An End To Physician Uncertainty, Catherine Agnello

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Legal Effects Of The Massachusetts Abuse Prevention Act, The Stalking Statute, And The Marital Rape Exemption On Victims Of Domestic Abuse, Esther M. Bixler Jan 1998

The Legal Effects Of The Massachusetts Abuse Prevention Act, The Stalking Statute, And The Marital Rape Exemption On Victims Of Domestic Abuse, Esther M. Bixler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Fresh Complaint Testimony In Massachusetts - Friend Or Foe, Paula J. Clifford Jan 1998

Fresh Complaint Testimony In Massachusetts - Friend Or Foe, Paula J. Clifford

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Bifurcation - A New Era In Patent Litigation, Brian D. Lefort Jan 1998

Bifurcation - A New Era In Patent Litigation, Brian D. Lefort

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Use Of Support Modification To Re-Litigate Equitably Divided Property In Massachusetts: Does Heins V. Ledis Draw The Line, Michael J. Deltergo Jan 1998

The Use Of Support Modification To Re-Litigate Equitably Divided Property In Massachusetts: Does Heins V. Ledis Draw The Line, Michael J. Deltergo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Table Of Contents, Jtaa Editors Jan 1998

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Masthead, Jtaa Editors Jan 1998

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Editor's Notes, Paul Toner Jan 1998

Editor's Notes, Paul Toner

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Confrontation In Massachusetts: What Face To Face Really Means, Lisa Donahue Jan 1998

Confrontation In Massachusetts: What Face To Face Really Means, Lisa Donahue

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


From Specialized Courts To Specialized Juries: Calling For Professional Juries In Complex Civil Litigation, Kristy Lee Bertelsen Jan 1998

From Specialized Courts To Specialized Juries: Calling For Professional Juries In Complex Civil Litigation, Kristy Lee Bertelsen

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Where Has Michaels Taken Us: Assessing The Future Of Taint Hearings, Julie A. Jablonski Jan 1998

Where Has Michaels Taken Us: Assessing The Future Of Taint Hearings, Julie A. Jablonski

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


How Confidential Is This Conversation Anyway: Discoverability Of Exculpatory Materials In Sexual Assault Litigation, Adrienne Kotowski Jan 1998

How Confidential Is This Conversation Anyway: Discoverability Of Exculpatory Materials In Sexual Assault Litigation, Adrienne Kotowski

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Personal Jurisdiction And The Internet, Michael Macclary Jan 1998

Personal Jurisdiction And The Internet, Michael Macclary

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Ambiguity Surrounding Individual Sexual Harassment Liability On The Federal And State Level In Massachusetts, Patrick J. Mcgrath Jan 1998

Ambiguity Surrounding Individual Sexual Harassment Liability On The Federal And State Level In Massachusetts, Patrick J. Mcgrath

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Impact Of Lohr V. Medtronic On The First Circuit's Application Of The Medical Device Amendments, Jennifer Salvatore O'Connor Jan 1998

The Impact Of Lohr V. Medtronic On The First Circuit's Application Of The Medical Device Amendments, Jennifer Salvatore O'Connor

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Juvenile Justice: Rehabilitating The System After The Introduction Of Mandatory Minimum Sentences, Heidi Treiber Jan 1998

Juvenile Justice: Rehabilitating The System After The Introduction Of Mandatory Minimum Sentences, Heidi Treiber

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Section 1983 Litigation, Honorable George C. Pratt, Martin A. Schwartz Jan 1998

Section 1983 Litigation, Honorable George C. Pratt, Martin A. Schwartz

Touro Law Review

No abstract provided.


Industrial Espionage As Unfair Competition, Robert L. Tucker Jan 1998

Industrial Espionage As Unfair Competition, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.


Punitive Awards After Bmw, A New Capping System, And The Reported Opinion Bias, Theodore Eisenberg, Martin T. Wells Jan 1998

Punitive Awards After Bmw, A New Capping System, And The Reported Opinion Bias, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

Capping punitive damages awards is a centerpiece of the tort reform movement. According to the American Tort Reform Association, as of June 30, 1996, forty-three states allowed punitive damages awards. Of these, twenty-nine states impose no caps on punitive damages and fourteen impose some form of cap. In states that cap punitive awards, the preferred method is to employ a simple multiple of the compensatory award. Eleven states rely on a multiple of the compensatory damages award. The most popular multiple is three times the compensatory award, but this is used by only five states. The capping multiples range from …


The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch Jan 1998

The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Fraud And Federalism: Preempting Private State Securities Fraud Causes Of Action, Michael A. Perino Jan 1998

Fraud And Federalism: Preempting Private State Securities Fraud Causes Of Action, Michael A. Perino

Faculty Publications

The passage of the Private Securities Litigation Reform Act of 1995 has engendered a significant forum shift in class action securities fraud litigation, from federal to state court. This unintended by-product of the Act has reignited debate over our dual federal-state system of securities regulation and in turn has inspired a discussion as to whether Congress should now preempt state securities fraud causes of action. This article argues that preemption is an appropriate, but not the only, solution to these concerns. To support this argument, this article first traces the history of dual state-federal securities regulation within the context of …


Naked Politics, Federal Courts Law, And The Canon Of Acceptable Arguments, Michael Wells Jan 1998

Naked Politics, Federal Courts Law, And The Canon Of Acceptable Arguments, Michael Wells

Scholarly Works

In this Article, I argue that there is a wide gap between the aspirations and the actual operation of Federal Courts law. I maintain that, despite the conversational rule forbidding it, raw substance in fact wields significant influence in the resolution of Federal Courts issues. For example, the familiar argument that federal courts should be favored because they are more "sympathetic" to federal claims is really an appeal to naked politics. The empirical premise of this and other arguments of naked politics is that there are structural differences between federal and state courts which affect the outcomes of close cases, …


Section 98 And The Specialized Practice Of Civil Rights Law, James A. Gardner Jan 1998

Section 98 And The Specialized Practice Of Civil Rights Law, James A. Gardner

Journal Articles

No abstract provided.