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Litigation Commons™

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2000

Discipline
Institution
Keyword
Publication
Publication Type

Articles 61 - 90 of 106

Full-Text Articles in Litigation

Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis Jan 2000

Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis

The Journal of Appellate Practice and Process

The applicable standard of review determines how much deference an appellate court gives a lower court’s decision. Discretionary decisions are review under the “abuse of discretion” standard where the process the lower court used to reach its decision is scrutinized. Three scholars attempts to define this standard are first analyzed followed by cases that have molded the standard. Advice to practitioners concludes the article.


The Pitfalls Of Replies, Jason Vail Jan 2000

The Pitfalls Of Replies, Jason Vail

The Journal of Appellate Practice and Process

A warning is given about the pitfalls of “last word disease.”


Disarray Among The Federal Circuits: Harmless Error Review Of Rule 11 Violations, Brent E. Newton Jan 2000

Disarray Among The Federal Circuits: Harmless Error Review Of Rule 11 Violations, Brent E. Newton

The Journal of Appellate Practice and Process

Federal Rule of Criminal Procedure 11 governs how a defendant must be counseled when pleading guilty or nolo contendre. Federal Courts of Appeals have held that violation of Rule 11 is harmless error. Since it is harmless error, the lower courts’ decisions are upheld. This article argues that the Federal Courts of Appeals have misapplied the harmless error standard when deciding Rule 11 issues.


The Scope Of 'High Crimes And Misdemeanors' After The Impeachment Of President Clinton, Neil J. Kinkopf Jan 2000

The Scope Of 'High Crimes And Misdemeanors' After The Impeachment Of President Clinton, Neil J. Kinkopf

Faculty Publications By Year

Constitutional theorists have begun focusing a great deal of attention on constitutionalism outside the judiciary. As Professor Neal Katyal points out in his insightful paper, the impeachment and trial of President Clinton provide an outstanding opportunity to reflect upon the practice of constitutionalism outside the courts. During these episodes, the House of Representatives and the Senate confronted numerous constitutional questions, but rarely resolved them on the basis of an identifiable construction of the Constitution's meaning. There is, however, at least one important question of constitutional interpretation that the House of Representatives must be understood to have resolved: the scope of …


Now V. Scheidler, Round Two, Craig M. Bradley Jan 2000

Now V. Scheidler, Round Two, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Mock Trial Executive Board, 2000-2001, Kellie Casey Monk Jan 2000

Mock Trial Executive Board, 2000-2001, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.


The Secret Of The Court In The Netherlands, Niels F. Van Manen Jan 2000

The Secret Of The Court In The Netherlands, Niels F. Van Manen

Seattle University Law Review

The procedural organization of the legal system in the Netherlands is quite different from the North American model. The Dutch legal system forbids the publication of dissenting opinions. There is even a veil of ignorance about unanimity, created by what is "secret of the court": justice is handed out in black and white terms, regardless of the judges' motivations. This might create an image of unity and unanimity, and thus promote the legitimacy of jurisprudence, however, this secret of the court also prevents the effects of therapeutic jurisprudence, since those who have "won," but even more so those who have …


The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein Jan 2000

The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein

Articles

A long and distinguished line of law-and-economics articles has established that in many circumstances fully compensatory expectation damages are a desirable remedy for breach of contract because they induce both efficient performance and efficient breach. The expectation measure, which seeks to put the breached-against party in the position she would have been in had the contract been performed, has, therefore, rightly been chosen as the dominant contract default rule. It does a far better job of regulating breach-or-perform incentives than its leading competitors-the restitution measure, the reliance measure, and specific performance. This Essay does not directly take issue with the …


Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos Jan 2000

Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos

Richmond Public Interest Law Review

As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …


Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White Jan 2000

Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White

Articles

In this Article, Professors Hanoch Dagan and James White study the most recent challenge raised by mass torts litigation: the interference of governments with the bilateral relationship between citizens and injurious industries. Using the tobacco settlement as their case study, Dagan and White explore the important benefits and the grave dangers of recognizing governments' entitlement to reimbursement for costs they have incurred in preventing or ameliorating their citizens' injuries. They further demonstrate that the current law can help capture these benefits and guard against the entailing risks, showing how subrogation law can serve as the legal foundation of the governments' …


Evidence: 1998-1999 Survey Of New York Law, Faust Rossi Jan 2000

Evidence: 1998-1999 Survey Of New York Law, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.


Second Circuit 1999-2000 Res Judicata Developments, Jay C. Carlisle Jan 2000

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 …


Front Matter, Jtaa Editors Jan 2000

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Masthead, Jtaa Editors Jan 2000

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Eroding The Blue Wall Of Silence: The Need For An Internal Affairs Privilege Of Confidentiality, John Joseph Powers Jr. Jan 2000

Eroding The Blue Wall Of Silence: The Need For An Internal Affairs Privilege Of Confidentiality, John Joseph Powers Jr.

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Governmental Benefits Conditioned On The Relinquishment Of Constitutional Rights, Victoria Rebecca Whelan Jan 2000

Governmental Benefits Conditioned On The Relinquishment Of Constitutional Rights, Victoria Rebecca Whelan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Alternative Liability In Litigation Malpractice Actions: Eradicating The Last Resort Of Scoundrels, Lawrence W. Kessler Jan 2000

Alternative Liability In Litigation Malpractice Actions: Eradicating The Last Resort Of Scoundrels, Lawrence W. Kessler

San Diego Law Review

The legal malpractice tort, however, has managed to withstand the winds of legal change. Particularly crucial has been the refusal to apply alternative causation doctrines. The refusal to apply causation doctrines that have been embraced in other areas has significant social effects. As a result, the consumers of legal services receive less protection from the courts than do the consumers of products or medical services.


Amicus Curiae: Friend Or Foe: The Limits Of Friendship In American Jurisprudence, Michael J. Harris Jan 2000

Amicus Curiae: Friend Or Foe: The Limits Of Friendship In American Jurisprudence, Michael J. Harris

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Plea Agreements: Progressing The Fight Against Crime Or Bribing Witnesses, Sheila Creaton Jan 2000

Plea Agreements: Progressing The Fight Against Crime Or Bribing Witnesses, Sheila Creaton

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Editor's Note, Robert D. Laurie Jan 2000

Editor's Note, Robert D. Laurie

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Inadequacy Of The Massachusetts Voir Dire, Debora A. Cancado Jan 2000

The Inadequacy Of The Massachusetts Voir Dire, Debora A. Cancado

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


When Does Time Begin: A Clarification Of The Federal Courts' Inconsistent Application Of The Federal Catch-All Statute Of Limitations, Robert D. Laurie Jan 2000

When Does Time Begin: A Clarification Of The Federal Courts' Inconsistent Application Of The Federal Catch-All Statute Of Limitations, Robert D. Laurie

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Protecting The Poor: The Dangers Of Altering The Contingency Fee System, Kristin A. Porcu Jan 2000

Protecting The Poor: The Dangers Of Altering The Contingency Fee System, Kristin A. Porcu

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Communication With Represented Persons: An Analysis Of The Scope Of Rule 4.2 Of The Massachusetts Rules Of Professional Conduct As It Applies To Corporations And Federal Prosecutors, Ashlie L. Ringel Jan 2000

Communication With Represented Persons: An Analysis Of The Scope Of Rule 4.2 Of The Massachusetts Rules Of Professional Conduct As It Applies To Corporations And Federal Prosecutors, Ashlie L. Ringel

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Expert Qualifications: Traps For The Unwary, Paul C. Giannelli Jan 2000

Expert Qualifications: Traps For The Unwary, Paul C. Giannelli

Faculty Publications

No abstract provided.


Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos Jan 2000

Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos

Richmond Journal of Law and the Public Interest

As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …


Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky Jan 2000

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

Scholarly Works

No abstract provided.


Therapeutic Jurisprudence In The Appellate Arena—A Louisiana Jurist's Response, Sol Gothard Jan 2000

Therapeutic Jurisprudence In The Appellate Arena—A Louisiana Jurist's Response, Sol Gothard

Seattle University Law Review

Having recognized that there can be both therapeutic and antitherapeutic effects of judicial decisions, I would like to offer this consideration concerning the use of therapeutic jurisprudence in the appellate courts. In his Article, Therapeutic Jurisprudence in the Appellate Arena, David Wexler asks, "Does the ability to issue advisory opinions enhance a court's ability to create 'therapeutic' doctrines?" As a general rule, courts are not allowed to issue advisory opinions and there are strong reasons for such a prohibition.


Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch Jan 2000

Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch

Seattle University Law Review

The integration of preventive law and therapeutic jurisprudence holds promise for enriching the careers of many practicing lawyers. However, the process of becoming more therapeutic in orientation also involves risk. This Article discusses four potential pitfalls: (1) the process of becoming psychologically-minded and its inherent hazards, including overidentification; (2) the difficulty of balancing neutrality and involvement; (3) the need to identify and manage transference and countertransference; and (4) the risk of secondary trauma. Protective strategies, drawn from the psychotherapeutic and burnout literature, are outlined. This Article stresses the need for lawyers to recognize potential hazards and draw on the experience …


Ex Parte Civil Commitment, Family Care-Givers, And Schizophrenia: A Therapeutic Jurisprudence Analysis, Éva Szeli Jan 2000

Ex Parte Civil Commitment, Family Care-Givers, And Schizophrenia: A Therapeutic Jurisprudence Analysis, Éva Szeli

Seattle University Law Review

First, this Article will discuss schizophrenia and its impact on these individuals and their families. Family variables in the course of the disorder will be highlighted. Then, this Article will review the legal power afforded such families by ex parte provisions in civil commitment statutes using the involuntary examination portion of the Florida mental health code as a model. Finally, this Article will assess this system of civil commitment available to care-giving families in therapeutic jurisprudential terms, with recommendations for maximizing the therapeutic consequences and minimizing the antitherapeutic consequences of ex parte procedures.