Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Procedure (20)
- Jurisprudence (19)
- Legislation (17)
- Other Law (16)
- Law and Society (15)
-
- Law and Psychology (14)
- Legal History (14)
- Courts (12)
- Torts (10)
- Evidence (8)
- Judges (8)
- Constitutional Law (7)
- Legal Remedies (7)
- Business Organizations Law (5)
- Dispute Resolution and Arbitration (5)
- Health Law and Policy (5)
- Science and Technology Law (5)
- Criminal Law (4)
- First Amendment (4)
- Insurance Law (4)
- Labor and Employment Law (4)
- Legal Ethics and Professional Responsibility (4)
- Legal Profession (4)
- Medical Jurisprudence (4)
- Contracts (3)
- Criminal Procedure (3)
- Intellectual Property Law (3)
- Legal Writing and Research (3)
- Institution
-
- Suffolk University (16)
- Seattle University School of Law (14)
- Cornell University Law School (9)
- UIC School of Law (7)
- University of Arkansas Little Rock (7)
-
- University of Michigan Law School (7)
- University of Richmond (6)
- Mercer University School of Law (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Fordham Law School (3)
- Maurer School of Law: Indiana University (3)
- University of Missouri School of Law (3)
- Boston University School of Law (2)
- Case Western Reserve University School of Law (2)
- Duke Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Georgia School of Law (2)
- American University Washington College of Law (1)
- Embry-Riddle Aeronautical University (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- Georgia State University College of Law (1)
- Mitchell Hamline School of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- Roger Williams University (1)
- University of Florida Levin College of Law (1)
- University of Kentucky (1)
- University of Maine School of Law (1)
- University of San Diego (1)
- Keyword
-
- Therapeutic jurisprudence (13)
- Litigation (12)
- Psychology (9)
- Appellate court (8)
- Evidence (5)
-
- Psychological well-being (5)
- Role of courts (5)
- Trial court (5)
- Aggregation (4)
- Dispute resolution (4)
- Legal process (4)
- Mediation (4)
- Negotiation (4)
- Psychological consequences (4)
- Arbitration (3)
- Civil trials (3)
- Court of appeals (3)
- Damages (3)
- David Wexler (3)
- Empirical legal studies (3)
- Injuries (3)
- Law reform (3)
- Legal reform (3)
- Liability (3)
- Louisiana (3)
- Mass torts (3)
- Science (3)
- Scientific evidence (3)
- Settlement (3)
- ADR Scholarship (2)
- Publication
-
- Suffolk Journal of Trial and Appellate Advocacy (16)
- Seattle University Law Review (14)
- Cornell Law Faculty Publications (9)
- Faculty Scholarship (8)
- The Journal of Appellate Practice and Process (7)
-
- UIC Law Review (7)
- Faculty Publications (6)
- Scholarly Works (6)
- Articles (5)
- Mercer Law Review (4)
- University of Richmond Law Review (3)
- American University Law Review (1)
- Articles by Maurer Faculty (1)
- Book Chapters (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Publications By Year (1)
- Federal Communications Law Journal (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Indiana Law Journal (1)
- International Bulletin of Political Psychology (1)
- Journal Articles (1)
- Law Faculty Publications (1)
- Law Faculty Scholarly Articles (1)
- Law Faculty Scholarship (1)
- Materials from All Student Organizations (1)
- Michigan Law Review (1)
- Richmond Journal of Law and the Public Interest (1)
- Richmond Public Interest Law Review (1)
- San Diego Law Review (1)
- Scholarly Publications (1)
- Publication Type
Articles 31 - 60 of 106
Full-Text Articles in Litigation
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer
John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, 33 J. Marshall L. Rev. 875 (2000), R. Kent Newmyer
UIC Law Review
No abstract provided.
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
John Marshall In Spencer Roane's Virginia: The Southern Constitutional Opposition To The Marshall Court, 33 J. Marshall L. Rev. 1131 (2000), F. Thornton Miller
UIC Law Review
No abstract provided.
Retaliatory Discharge For Attorney-Employees In Private Practice: To Do, Or Not To Do, The Right Thing, 33 J. Marshall L. Rev. 383 (2000), Terri Martin Kirik
Retaliatory Discharge For Attorney-Employees In Private Practice: To Do, Or Not To Do, The Right Thing, 33 J. Marshall L. Rev. 383 (2000), Terri Martin Kirik
UIC Law Review
No abstract provided.
Bitch V. Whore: The Current Trend To Define The Requirements Of An Actionable Hostile Environment Claim In Verbal Sexual Harassment Cases, 33 J. Marshall L. Rev. 465 (2000), Jamie Lynn Cook
UIC Law Review
No abstract provided.
Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint
Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint
Faculty Scholarship
The Minnesota Court of Appeals is dedicated to providingaffordable access to the appellate process. Access to theappellate process is central to our vision. In order to promote this vision, the Minnesota Court ofAppeals has taken the initiative to implement Interactive VideoTeleconferencing ("IVT"). This essay will discuss the historybehind this decision, the mechanics of its implementation, andthe benefits and challenges of its application to the appellateprocess.
Patent Rights And Licensing, Michael S. Baram, Ashley Stevens, Thomas Meyers, Michael J. Meurer
Patent Rights And Licensing, Michael S. Baram, Ashley Stevens, Thomas Meyers, Michael J. Meurer
Faculty Scholarship
This panel will discuss intellectual property - the patent incentive, patentability issues, licensing, and litigation-related matters. It will be moderated by Dr. Ashley Stevens, the Director of the Office of Technology Transfer at Boston University. Ashley has multiple degrees, including a doctorate in physical chemistry from Oxford University. He has worked in the biotech industry for a number of years, mostly with startup companies and academic research organizations such as the Dana Farber Cancer Institute, where he was also Director of Technology Transfer. Ashley was instrumental in the startup and operations of firms such as Biotechnica International, and started his …
"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin
"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin
Seattle University Law Review
Therapeutic jurisprudence (TJ) provides a new and exciting approach to clinical teaching. By incorporating TJ principles in both the classroom and out-of-classroom components of clinic courses, law professors can give students new and important insights into some of the most difficult problems regularly raised in clinical classes and practice settings. This Article will proceed in three sections. The first section briefly provides some background about TJ and how it has been employed to investigate other areas of the law. Then, the Article discusses some of the important new theoretical developments in clinical legal education, mostly from the "critical lawyering" perspective. …
Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee
Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee
Seattle University Law Review
Therapeutic jurisprudence has multiple possibilities, provided it does not add another layer of cost, delay, and time to the process. First, we should see "a reduced number of cases for the appellate court to decide, fewer remands and secondary appeals, the streamlining of appeals through partial resolution of issues, the satisfaction of parties' underlying needs and interests, and the reduction of the time a case spends on appeal." Second, the outcome does not have to become part of the case law that applies to similar cases, possibly establishing negative precedent. Third, mediation allows personal healing and the development of positive, …
Silencing The Appellant's Voice: The Antitherapeutic Per Curiam Affirmance, Amy D. Ronner, Bruce J. Winick
Silencing The Appellant's Voice: The Antitherapeutic Per Curiam Affirmance, Amy D. Ronner, Bruce J. Winick
Seattle University Law Review
This Article will analyze the antitherapeutic impact of the per curium affirmance (PCA) in two steps. First, delving into the psychology of procedural justice, this Article will explain how litigants value "voice," or the ability to tell their stories, as well as "validation," or the sense that the decisionmaker has heard their words and taken them seriously. Second, this Article, through the use of narrative, will show how a PCA had a negative psychological impact on an actual appellant in a criminal case. The Article will conclude by proposing an alternative to the antitherapeutic PCA.
Noriega V. Hernández Colón: Political Persecution Under Therapeutic Scrutiny, Roberto P. Aponte Toro
Noriega V. Hernández Colón: Political Persecution Under Therapeutic Scrutiny, Roberto P. Aponte Toro
Seattle University Law Review
Therapeutic jurisprudence is a relatively young school of thought. One of its major attractions to the academic community has been its claim that society could use the law, both at the legislative and adjudicatory level, to promote the psychological well-being of those affected by the law. In this commentary, I want to share a little known decision of the Supreme Court of Puerto Rico regarding police persecution of political minorities. It is my contention that looking at this decision through the lens of therapeutic jurisprudence, one may discover a serious effort by the court to heal very divisive wounds on …
Identifying Real Dichotomies Underlying The False Dichotomy: Twenty-First Century Mediation In An Eclectic Regime, Jeffrey W. Stempel
Identifying Real Dichotomies Underlying The False Dichotomy: Twenty-First Century Mediation In An Eclectic Regime, Jeffrey W. Stempel
Scholarly Works
Some people (lawyers, scholars, judges, dispute resolvers, policymakers) are more concerned about fidelity to procedural protocols while others are more concerned with the substantive rules governing disputes and substantive outcomes. Those in the dispute resolution community preferring facilitation tend to be proceduralists. For them, the observance of proper procedure is a high goal, perhaps the dominant goal. They reason, often implicitly, that adherence to the rules of procedure is the essence of neutrality, fairness, and the proper role of a dispute resolving apparatus. At some level, usually subconscious, there is a post-modern philosophical aspect of this preference. Because humans cannot …
The Inevitability Of The Eclectic: Liberating Adr From Ideology, Jeffrey W. Stempel
The Inevitability Of The Eclectic: Liberating Adr From Ideology, Jeffrey W. Stempel
Scholarly Works
The problem with viewing facilitation as the only legitimate form of mediation, of course, is that it borders on tautology: mediation is nonevaluative, therefore any evaluation in mediation must be impermissible. Although this view remains strongly held in many quarters, it appears to be in retreat, both within the mediation community and in the legal community at large. Courts and commentators have shown increasing favor toward some evaluative or advising component of mediation. More important, the eclectic style appears to be what takes place in the metaphorical trenches of mediation practice (although sound empirical data is necessarily hard to obtain …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 1999 and 2000.
Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton
Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton
Seattle University Law Review
This Article explores ways in which appellate decision-making can be enhanced so as to minimize the counter-therapeutic consequences of the curial process for litigants and witnesses with psychiatric illnesses and intellectual disabilities.
The Nation's Teacher: The Role Of The United States Supreme Court During Times Of Crisis, Robert Jerome Glennon
The Nation's Teacher: The Role Of The United States Supreme Court During Times Of Crisis, Robert Jerome Glennon
Seattle University Law Review
This Article will suggest that TJ has occasionally been part of the United States Supreme Court's jurisprudence. The Court sometimes finds itself at the center of deeply-divisive national controversies. On those occasions, the opinion of the Court can, and ought to, play a role in healing the nation's controversy-inflicted wounds. The Court should consciously craft an opinion that speaks to the American people as a whole and that calls on every citizen, regardless of the fervency of his or her beliefs, to accept the resolution of the controversy offered by the Court. During such crises, citizens are unlikely to accept …
Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo
Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo
Seattle University Law Review
This Article explores the establishment of mental health courts as a partial solution to the perplexing societal problem that relegates mentally ill offenders to a "revolving door" existence in and out of prisons and jails.This inescapable situation results from a paucity ofeffective humanitarian policies, laws, and procedures for treating such medically disordered defendants. The establishment of mental health specialty courts is investigated as a potential means of addressing the complex legal issues and psycho-sociological problems faced by the judicial system in dealing with mentally ill offenders.
Therapeutic Jurisprudence In The Appellate Arena: Judicial Notice And The Potential Of The Legislative Fact Remand, A.J. Stephani
Therapeutic Jurisprudence In The Appellate Arena: Judicial Notice And The Potential Of The Legislative Fact Remand, A.J. Stephani
Seattle University Law Review
This Article begins with a modest objective and ends with an ambitious one. First, it asserts that appellate courts are an appropriate forum for considering the therapeutic impact of the law strand of therapeutic jurisprudence (TJ) scholarship. TJ's character as a "field of social inquiry" is especially suited to the appellate courts' task of formulating new rules of law and choosing among competing policy objectives when resolving opposing normative principles.
A Sea Change In The Appellate Process?, Gerald W. Vandewalle
A Sea Change In The Appellate Process?, Gerald W. Vandewalle
Seattle University Law Review
Professor David Wexler's essay is certain to engender a sense of fear in appellate judges by its very suggestion that we should undertake such a sweeping reform of the appellate process. But the suggestions should-and will-beget the gnawing feeling that Professor Wexler's analysis of the articles by Professors Nathalie Des Rosiers and Amy Ronner, as well as the questions he poses, require us to explore these ideas further. For those of us who follow the "no advisory opinions" we might stop there. For thotshee acpapneolnl aotef courts who use a screening process to divert cases to an alternative dispute resolution …
Table Of Contents, Jtaa Editors
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
An Examination Of Mandatory Retirement Provisions For Police Officers, Eric Andrew Fox
An Examination Of Mandatory Retirement Provisions For Police Officers, Eric Andrew Fox
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Leniency For Testimony: Hypocrisy Or Judicial Necessity, Jason C. Moreau
Leniency For Testimony: Hypocrisy Or Judicial Necessity, Jason C. Moreau
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Totality Of The Suspicious Circumstances: Airport Drug Courier Profile Use In Massachusetts Since Commonwealth V. Torres, Mark W. Dunderdale
Totality Of The Suspicious Circumstances: Airport Drug Courier Profile Use In Massachusetts Since Commonwealth V. Torres, Mark W. Dunderdale
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Court's Failure To Recognize Deportation As Punishment: A Critical Analysis Of Judicial Deference, Lisa Mendel
The Court's Failure To Recognize Deportation As Punishment: A Critical Analysis Of Judicial Deference, Lisa Mendel
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Aggregation And Settlement Of Mass Torts, Edward H. Cooper
Aggregation And Settlement Of Mass Torts, Edward H. Cooper
Articles
It is the way of symposia that, after conveners assign topics for discussion, participants interpret those topics to cover subjects that interest themselves. I understand my assignment to be discussion of "nonbankruptcy closure" and "settlement." The Judicial Conference Working Group on Mass Torts suggests possible approaches that might facilitate closure of mass tort claims by litigation or by settlement! This paper will explore two models prepared to illustrate the challenges that confront any approach to fair and efficient closure. The first model is the "All-Encompassing Model," while the second is a draft of settlement-class provisions for Federal Rule of Civil …
Aggregation And Settlement Of Mass Torts, Edward H. Cooper
Aggregation And Settlement Of Mass Torts, Edward H. Cooper
Articles
The following essay is the pre-editing draft of the introduction to a paper delivered at a Mass Torts conference held at the University of Pennsylvania Law School in November 1999. Thc conference grew out of the work of the ad hoc Mass Torts Working Group that on February 15, 1999, delivered a Report to the Chief Justice of the United States and the judicial Conference of the United States. The Working Group, chaired by Third Circuit Judge Anthony J. Scirica, '65, included members drawn from several Judicial Conference committees, including the Advisory Committee on the Federal Rules of Civil Procedure, …
In Re Silicon Graphics Inc.: Shareholder Wealth Effects Resulting From The Interpretation Of The Private Securities Litigation Reform Act's Pleading Standard, Marilyn F. Johnson, Karen K. Nelson, Adam C. Pritchard
In Re Silicon Graphics Inc.: Shareholder Wealth Effects Resulting From The Interpretation Of The Private Securities Litigation Reform Act's Pleading Standard, Marilyn F. Johnson, Karen K. Nelson, Adam C. Pritchard
Articles
This Article presents an empirical study of changes in shareholder wealth resulting from the Ninth Circuit Court of Appeals decision in In re Silicon Graphics Inc. Securities Litigation, which interpreted the pleading provision established in the Private Securities Litigation Reform Act of 1995 (the "Reform Act"). Congress passed the Reform Act as part of an ongoing effort to protect corporations from abusive suits alleging "fraud by hindsight." In such suits, plaintiffs claimed that a sudden drop in a company's stock price was evidence that the issuer and its management covered up the bad news that led to the price drop. …
Toward More Sophisticated Mediation Theory, John M. Lande
Toward More Sophisticated Mediation Theory, John M. Lande
Faculty Publications
In the lead article in this symposium, Professor Jeffrey Stempel provides a very thoughtful analysis of the mediation field. He focuses on the debate over facilitative and evaluative mediation and he is critical of many of the arguments made by proponents of facilitative mediation. I have expressed some similar concerns, and I generally agree with his analysis (with a quibble here and there). I do think that the facilitation-evaluation debate has been productive (though admittedly wearisome), and that proponents of facilitative mediation deserve more credit than he gives them in his article.
Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das
UIC Law Review
No abstract provided.
Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger
Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger
UIC Law Review
No abstract provided.
Second Circuit 1999-2000 Res Judicata Developments, Jay C. Carlisle
Second Circuit 1999-2000 Res Judicata Developments, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
During the 1999-2000 survey year the United States Court of Appeals for the Second Circuit has issued at least twenty-five res judicata decisions expanding the doctrines of claim preclusion and issue preclusion. The court liberally applied claim preclusion but infrequently applied the more expansive doctrine of issue preclusion. Also, the Second Circuit released over fifty unpublished decisions that affect the rights of pro se litigants appearing before the court. These decisions demonstrate the court's immense respect for the doctrine of res judicata. Similarly, the decisions illustrate the extent to which the court relies on the doctrine to achieve finality, to …