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Articles 61 - 90 of 105
Full-Text Articles in Litigation
Markets As Monitors: A Proposal To Replace Class Actions With Exchanges As Securities Fraud Enforcers, Adam C. Pritchard
Markets As Monitors: A Proposal To Replace Class Actions With Exchanges As Securities Fraud Enforcers, Adam C. Pritchard
Articles
Fraud in the securities markets has been a focus of legislative reform in recent years. Corporations-especially those in the high-technology industry-have complained that they are being unfairly targeted by plaintiffs' lawyers in class action securities fraud lawsuits. The corporations' complaints led to the Private Securities Litigation Reform Act of 1995 ("Reform Act"). The Reform Act attempted to reduce meritless litigation against corporate issuers by erecting a series of procedural barriers to the filing of securities class actions. Plaintiffs' attorneys warned that the Reform Act and the resulting decrease in securities class actions would leave corporate fraud unchecked and deprive defrauded …
Panel Discussion Of The Excuse Factory, Stewart J. Schwab
Panel Discussion Of The Excuse Factory, Stewart J. Schwab
Cornell Law Faculty Publications
The Predictability Of Punitive Damages Awards In Published Opinions, The Impact Of Bmw V. Gore On Punitive Damages Awards, And Forecasting Which Punitive Awards Will Be Reduced, Theodore Eisenberg, Martin T. Wells
The Predictability Of Punitive Damages Awards In Published Opinions, The Impact Of Bmw V. Gore On Punitive Damages Awards, And Forecasting Which Punitive Awards Will Be Reduced, Theodore Eisenberg, Martin T. Wells
Cornell Law Faculty Publications
This article assesses the relation between compensatory damages and punitive damages in cases leading to published opinions and BMW v. Gore's impact on the patterns of punitive damages awards in these opinions. We find that punitive damages awards are considerably higher in cases leading to published opinions than in trial level cases. But the correlation between compensatory and punitive awards found in trial level data persists in published opinions and is all but indistinguishable from the correlation in trial level data. We find no significant difference in the pattern of awards before and after BMW and no significant difference …
The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The View Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman
The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The View Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman
Cornell Law Faculty Publications
In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines the theoretical, legal, and policy issues raised by this reform and presents the early results of a field experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of judges …
Evidence: 1997-1998 Survey Of New York Law, Faust Rossi
Evidence: 1997-1998 Survey Of New York Law, Faust Rossi
Cornell Law Faculty Publications
No abstract provided.
Moot Court Board, 1999-2000, Kellie Casey Monk
Moot Court Board, 1999-2000, Kellie Casey Monk
Materials from All Student Organizations
No abstract provided.
Buckley V. Valeo: A Landmark Of Political Freedom, Joel Gora
Buckley V. Valeo: A Landmark Of Political Freedom, Joel Gora
Faculty Scholarship
No abstract provided.
Front Matter, Jtaa Editors
Front Matter, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Masthead, Jtaa Editors
Masthead, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Editor's Note, Sean M. O'Brien
Editor's Note, Sean M. O'Brien
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Employment Contracts After O'Brien V. New England Telephone & Telegraph Co.: An Open Door For Failure-To-Promote Claims, David A. A. Brown, Margaret H. Paget
Employment Contracts After O'Brien V. New England Telephone & Telegraph Co.: An Open Door For Failure-To-Promote Claims, David A. A. Brown, Margaret H. Paget
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Opinion, Probable Cause, Factual Investigation: The Admissibility Of Ntsb Reports And Investigator's Opinions In Aviation Accident Litigation, Lorri E. Badolato
Opinion, Probable Cause, Factual Investigation: The Admissibility Of Ntsb Reports And Investigator's Opinions In Aviation Accident Litigation, Lorri E. Badolato
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Case Of John Salvi: Ethical Binds When Representing The Incompetent Defendant, Gregory Brown
The Case Of John Salvi: Ethical Binds When Representing The Incompetent Defendant, Gregory Brown
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Unreasonable Interpretation Of Reasonable Particularity In Federal Rule Of Civil Procedure 30(B)(6), David C. Fietze
The Unreasonable Interpretation Of Reasonable Particularity In Federal Rule Of Civil Procedure 30(B)(6), David C. Fietze
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Equitable Division Of Separate Property In Massachusetts: A Broad Grant Of Discretion To Judges Or No Discretion At All, Toby M. Jesson
Equitable Division Of Separate Property In Massachusetts: A Broad Grant Of Discretion To Judges Or No Discretion At All, Toby M. Jesson
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Postjudgment Interest In Contract Actions Against The Commonwealth Of Massachusetts: Wave Good-Bye To The Common Law Waiver Of Sovereign Immunity, Michael V. Greco
Postjudgment Interest In Contract Actions Against The Commonwealth Of Massachusetts: Wave Good-Bye To The Common Law Waiver Of Sovereign Immunity, Michael V. Greco
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Resolving Medical Malpractice Disputes In Massachusetts: Statutory And Judicial Initiatives In Alternative Dispute Resolution, Kelly K. Meadows
Resolving Medical Malpractice Disputes In Massachusetts: Statutory And Judicial Initiatives In Alternative Dispute Resolution, Kelly K. Meadows
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Extending The Attorney-Client Privilege: Do Internet E-Mail Communications Warrant A Reasonable Expectation Of Privacy, Sean M. O'Brien
Extending The Attorney-Client Privilege: Do Internet E-Mail Communications Warrant A Reasonable Expectation Of Privacy, Sean M. O'Brien
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Mcs Controversy: Admissibility Of Expert Testimony Regarding Multiple Chemical Sensitivity Syndrome Under The Daubert Regime, Amy B. Spagnole
The Mcs Controversy: Admissibility Of Expert Testimony Regarding Multiple Chemical Sensitivity Syndrome Under The Daubert Regime, Amy B. Spagnole
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Family And Medical Leave Act Of 1993: Proving Or Defending A Claimed Violation, Richard S. Stevens
The Family And Medical Leave Act Of 1993: Proving Or Defending A Claimed Violation, Richard S. Stevens
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Fifth Amendment Miranda Waiver And Fourteenth Amendment Voluntariness Doctrine In Cases Of Mentally Retarded And Mentally Ill Criminal Defendants, Alisia St. Florian
Fifth Amendment Miranda Waiver And Fourteenth Amendment Voluntariness Doctrine In Cases Of Mentally Retarded And Mentally Ill Criminal Defendants, Alisia St. Florian
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Commonwealth V. Woodward, A Failure Of Justice Averted, Daniel P. Barry
Commonwealth V. Woodward, A Failure Of Justice Averted, Daniel P. Barry
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Sex Offender Registry: Is It Attacking People That Were Not Meant To Be A Part Of The Law, Nicole Marie Nigrelli
The Sex Offender Registry: Is It Attacking People That Were Not Meant To Be A Part Of The Law, Nicole Marie Nigrelli
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Are You My Mother: The Legal Obstacles Of Assisted Reproductive Technology, Rena Deutscher
Are You My Mother: The Legal Obstacles Of Assisted Reproductive Technology, Rena Deutscher
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz
Scholarly Works
No abstract provided.
Limiting Patentees' Market Power Without Reducing Innovation Incentives: The Perverse Benefits Of Uncertainty And Non-Injunctive Remedies, Ian Ayres, Paul Klemperer
Limiting Patentees' Market Power Without Reducing Innovation Incentives: The Perverse Benefits Of Uncertainty And Non-Injunctive Remedies, Ian Ayres, Paul Klemperer
Michigan Law Review
Uncertainty and delay in patent litigation may have unforeseen virtues. The combination of these oft-criticized characteristics might induce a limited amount of infringement that enhances social welfare without reducing (or without substantially reducing) the profitability of the patentee. Patent infringement is generally viewed as socially inefficient because infringement reduces the patentee's ex ante incentive to innovate. Limited amounts of infringement combined with increased patent duration, however, can substantially reduce the distortionary ex post effects of supracompetitive pricing without reducing the patentee's ex ante incentives to innovate. Indeed, this Article derives a legal regime that preserves the incentive to innovate by …
Deposed Parties: Who Has A Right To Access Depositions In Civil Cases?, Robert L. Tucker
Deposed Parties: Who Has A Right To Access Depositions In Civil Cases?, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
The Intersection Of Peremptory Challenges, Challenges For Cause, And Harmless Error, William G. Childs
The Intersection Of Peremptory Challenges, Challenges For Cause, And Harmless Error, William G. Childs
Faculty Scholarship
The Author provides a history and overview of peremptory challenges and their relationship with challenges for cause. Part I of the Article outlines the various types of state statutes and state case law related to the mandatory or permissive use of peremptory challenges to correct perceived error in deciding challenges for cause.
Part II includes a discussion of the current law of error analysis in the federal courts and recent trends in that area of law. Part III consists of a review of the Supreme Court case law involving error analysis and peremptory challenges. This Part examines the specific situation, …
Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton
Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger
Beyond The Hero Judge: Institutional Reform Litigation As Litigation, Margo Schlanger
Reviews
In 1955, in its second decision in Brown v. Board of Education, the Supreme Court suggested that federal courts might be called upon to engage in long-term oversight of once-segregated schools. Through the 1960s, southern resistance pushed federal district and appellate judges to turn that possibility into a reality. The impact of this saga on litigation practice extended beyond school desegregation, and even beyond the struggle for African-American equality; through implementation of Brown, the nation’s litigants, lawyers, and judges grew accustomed both to issuance of permanent injunctions against state and local public institutions, and to extended court oversight of compliance. …