Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (20)
- Civil Procedure (17)
- State and Local Government Law (14)
- Insurance Law (8)
- Torts (8)
-
- Constitutional Law (6)
- Criminal Procedure (6)
- Law and Society (6)
- Comparative and Foreign Law (5)
- Civil Rights and Discrimination (4)
- Dispute Resolution and Arbitration (4)
- Jurisdiction (4)
- Jurisprudence (4)
- Legal Ethics and Professional Responsibility (4)
- Legal Remedies (4)
- Legislation (4)
- Supreme Court of the United States (4)
- Criminal Law (3)
- Education Law (3)
- Evidence (3)
- Labor and Employment Law (3)
- Legal Profession (3)
- Antitrust and Trade Regulation (2)
- Business Organizations Law (2)
- Civil Law (2)
- Conflict of Laws (2)
- Consumer Protection Law (2)
- Contracts (2)
- Institution
-
- Suffolk University (17)
- Cornell University Law School (14)
- University of Arkansas Little Rock (14)
- Maurer School of Law: Indiana University (5)
- UIC School of Law (4)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Georgetown University Law Center (3)
- University of Michigan Law School (3)
- American University Washington College of Law (2)
- Brooklyn Law School (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Georgia School of Law (2)
- University of Kentucky (2)
- University of Missouri School of Law (2)
- University of Oklahoma College of Law (2)
- University of Washington School of Law (2)
- Boston University School of Law (1)
- Brigham Young University Law School (1)
- Campbell University School of Law (1)
- Case Western Reserve University School of Law (1)
- Cleveland State University (1)
- Duke Law (1)
- Fordham Law School (1)
- Georgia State University College of Law (1)
- Notre Dame Law School (1)
- Roger Williams University (1)
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- University at Buffalo School of Law (1)
- University of Colorado Law School (1)
- Keyword
-
- Litigation (8)
- Discovery (4)
- Expedited appeals (4)
- Appeals (3)
- Constitutional law (3)
-
- Expedited review (3)
- Federal courts (3)
- Appellate courts (2)
- Bad faith (2)
- Class actions (2)
- Education reform (2)
- Evidence (2)
- Insurance (2)
- Insurance law (2)
- Mediation (2)
- Plaintiffs (2)
- Punitive damages (2)
- 1996 Telecommunications Act (1)
- 3JX docket (1)
- Act of state doctrine (1)
- Active jury reforms (1)
- Administration of justice (1)
- Admissible evidence (1)
- Adoption of minor children (1)
- Adversary system (1)
- Anchoring (1)
- Antitrust law (1)
- Appellate caseload (1)
- Arbitrary and disparate treatment (1)
- Arbitration and settlement (1)
- Publication
-
- Suffolk Journal of Trial and Appellate Advocacy (17)
- Cornell Law Faculty Publications (14)
- The Journal of Appellate Practice and Process (12)
- Faculty Scholarship (5)
- Scholarly Works (5)
-
- Faculty Publications (4)
- UIC Law Review (4)
- Articles by Maurer Faculty (3)
- Georgetown Law Faculty Publications and Other Works (2)
- Nevada Law Journal (2)
- Oklahoma Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- American University Law Review (1)
- Articles (1)
- Articles, Book Chapters, & Popular Press (1)
- BYU Law Review (1)
- Buffalo Public Interest Law Journal (1)
- Campbell Law Review (1)
- Continuing Legal Education Materials (1)
- Faculty Publications By Year (1)
- Federal Communications Law Journal (1)
- Georgetown Law Historic Preservation Papers Series (1)
- Indiana Law Journal (1)
- Journal Articles (1)
- Kentucky Law Journal (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Publications (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarship (1)
- Law Publications (1)
- Publication Type
Articles 1 - 30 of 101
Full-Text Articles in Litigation
Litigation Realities, Kevin M. Clermont, Theodore Eisenberg
Litigation Realities, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
After both summarizing recent empirical work and presenting new observations on each of the six phases of a civil lawsuit (forum, pretrial, settlement, trial, judgment, and appeal), the authors draw a series of lessons for understanding and using empirical methods in the study of the legal system's operation. In so doing, they generate implications for current and projected policy debates concerning litigation, while identifying areas that demand further empirical work.
To Sanction Or Not To Sanction: Why Arguing Against The Court's Precedent Is Not An Automatic Rule 11 Violation According To Hunter V. Earth-Grains Co. Bakery, William H. Pate
Campbell Law Review
No abstract provided.
Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr.
Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr.
Faculty Publications
Critics of medical malpractice litigation believe that expert testimony is often anecdotal and biased. To remedy this problem, several have recently suggested that attorneys should provide and courts should seek reliable empirical evidence of actual clinical norms. Their suggestion should be welcomed. If our expectations are realistic and the design pitfalls are avoided, greater use of use of empirical research will improve the fairness of malpractice adjudication. At least in theory, it could be useful in both the "easy" cases (where it reveals that a consensus standard of care exists) and also some of the harder cases (where clinical practices …
An Argument For Reviving The Actual Futility Exception To The Supreme Court's Procedural Default Doctrine, Brent E. Newton
An Argument For Reviving The Actual Futility Exception To The Supreme Court's Procedural Default Doctrine, Brent E. Newton
The Journal of Appellate Practice and Process
No abstract provided.
Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy
Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy
The Journal of Appellate Practice and Process
No abstract provided.
Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson
Seeing The Appellate Horizon: Civil Trial Strategy And Standards Of Review In The Eighth Circuit, R. Christopher Lawson
The Journal of Appellate Practice and Process
No abstract provided.
Tailored Police Testimony At Suppression Hearings, Joel Atlas
Tailored Police Testimony At Suppression Hearings, Joel Atlas
Cornell Law Faculty Publications
Whether a court must suppress evidence typically turns on the conduct or observations of the police officer who discovered the evidence. By falsely testifying to the facts surrounding the discovery of the evidence, a police officer may validate a blatantly unconstitutional search. New York courts have long recognized that police officers sometimes fabricate suppression testimony to meet constitutional restrictions. Indeed, the Appellate Division has rejected police testimony at suppression hearings where the officer’s testimony appears to have been “patently tailored to nullify constitutional objections.” Although, to be sure, rejections are rare and their number appears to be declining, the appellate …
Misclassifying Monetary Restitution, Colleen P. Murphy
Misclassifying Monetary Restitution, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Educational Jujitsu: How School Finance Lawyers Learned To Turn Standards And Accountability Into Dollars, Michael Heise
Educational Jujitsu: How School Finance Lawyers Learned To Turn Standards And Accountability Into Dollars, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Public Interest Groups' Litigation Alternatives, Jaclyn S. Wanemaker
Public Interest Groups' Litigation Alternatives, Jaclyn S. Wanemaker
Buffalo Public Interest Law Journal
No abstract provided.
Risky Business: Attorney Liability In Insurance Defense Litigation-A Review Of The Arizona Supreme Court's Decision In Paradigm Insurance Co. V. Langerman Law Offices
BYU Law Review
No abstract provided.
No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan
No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan
Michigan Law Review
In an increasingly common litigation strategy, plaintiffs in Patrickson v. Dole Food Company, laborers in the banana industries of Costa Rica, Ecuador, Guatemala and Panama, brought a classaction suit in Hawaii state court against Dole Food and other defendants. Plaintiffs brought only state law causes of action, alleging that they had been harmed by Dole Food's use of DBCP, a toxic pesticide banned from use in the United States. Dole Food removed the case to federal district court seeking the procedural advantages of a federal forum, as corporate defendants facing alien tort plaintiffs seeking redress for overseas conduct invariably do. …
Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Cornell Law Faculty Publications
Many people rely on mental shortcuts, or heuristics, to make complex decisions, but this sometimes leads to inaccurate inferences, or cognitive illusions. A recent study suggests such cognitive illusions influence judicial decision making.
Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein
Product Liability In The United States Supreme Court: A Venture In Memory Of Gary Schwartz., Anita Bernstein
Faculty Scholarship
No abstract provided.
"Whoever Fights Monsters Should See To It That In The Process He Does Not Become A Monster": The Necessity Of Maintaining And Narrowing The Welcomeness Requirement In Sexual Harassment Suits, Leigh A. Salmon
Indiana Law Journal
No abstract provided.
The Courts, Educational Policy, And Unintended Consequences, Michael Heise
The Courts, Educational Policy, And Unintended Consequences, Michael Heise
Cornell Law Faculty Publications
Recent school finance litigation illustrates yet again how law can generate unintended policy consequences. Seeking to improve student achievement and school accountability, more states now turn to educational standards and assessments. At the same time, a multi-decade school finance litigation effort develops and changes its theoretical base. Recently, educational standards and school finance litigation converged in a way that enables school districts to gain financially from their inability to meet desired achievement levels. Specifically, courts increasingly allow litigants and lawsuits to transform standards and assessments into constitutional entitlements to additional resources. As a consequence, increased legal and financial exposure for …
Asbestos Litigation Gone Mad: Exposure-Based Recovery For Increased Risk, Mental Distress, And Medical Monitoring, James A. Henderson Jr., Aaron Twerski
Asbestos Litigation Gone Mad: Exposure-Based Recovery For Increased Risk, Mental Distress, And Medical Monitoring, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
The Saga Of Gracie Terrace, Thomas R. Newman, Maro A. Goldstone
The Saga Of Gracie Terrace, Thomas R. Newman, Maro A. Goldstone
Nevada Law Journal
No abstract provided.
Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai
Conceptualizing Constitutional Litigation As Anti-Government Expression: A Speech-Centered Theory Of Court Access, Robert L. Tsai
American University Law Review
This Article proposes a speech-based right of court access. First, it finds the traditional due process approach to be analytically incoherent and of limited practical value. Second, it contends that history, constitutional structure, and theory all support conceiving of the right of access as the modern analogue to the right to petition government for redress. Third, the Article explores the ways in which the civil rights plaintiff's lawsuit tracks the behavior of the traditional dissident. Fourth, by way of a case study, the essay argues that recent restrictions - notably, a congressional limitation on the amount of fees counsel for …
A "Keene" Story, Eugene R. Anderson
You Can’T Tear It Down: The Origins Of The D.C. Historic Preservation Act, Jeremy W. Dutra
You Can’T Tear It Down: The Origins Of The D.C. Historic Preservation Act, Jeremy W. Dutra
Georgetown Law Historic Preservation Papers Series
No abstract provided.
Ethics Of Enterprise Liability In Product Design And Marketing Litigation, James A. Henderson Jr.
Ethics Of Enterprise Liability In Product Design And Marketing Litigation, James A. Henderson Jr.
Cornell Law Faculty Publications
American courts talk as though they are imposing strict enterprise liability on product manufacturers, but in truth they do so only with respect to manufacturing defects. In product design and marketing litigation, manufacturers' liability is based on fault. The reason why strict liability is inappropriate for the generic product hazards associated with design and marketing is that, in sharp contrast to manufacturing defects, the conditions necessary for insurance to function are not satisfied. Users and consumers control generic product risks to a sufficiently great extent that any insurance scheme based on strict enterprise liability would be destroyed by combinations of …
"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose
"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose
The Journal of Appellate Practice and Process
No abstract provided.
The Expedited Appeals Process For The District Of Columbia Court Of Appeals, Bonny L. Tavares
The Expedited Appeals Process For The District Of Columbia Court Of Appeals, Bonny L. Tavares
The Journal of Appellate Practice and Process
No abstract provided.
Expedited Appeals In Kentucky, Susan Hanley Kosse, Kristen S. Miller
Expedited Appeals In Kentucky, Susan Hanley Kosse, Kristen S. Miller
The Journal of Appellate Practice and Process
No abstract provided.
To Expediency And Beyond: Vermont's Rocket Docket, Tracy Bach
To Expediency And Beyond: Vermont's Rocket Docket, Tracy Bach
The Journal of Appellate Practice and Process
No abstract provided.
New Hampshire's Three-Judge Expedited Docket, Joseph P. Nadeau
New Hampshire's Three-Judge Expedited Docket, Joseph P. Nadeau
The Journal of Appellate Practice and Process
No abstract provided.
Appellate Procedure In West Virginia: Why Rule 4a'S Expedited Petition Process Isn't Attractive To Attorneys, Grace Wigal
Appellate Procedure In West Virginia: Why Rule 4a'S Expedited Petition Process Isn't Attractive To Attorneys, Grace Wigal
The Journal of Appellate Practice and Process
No abstract provided.
Freestyle Lawyering: Taking An Expedited Appeal In The New York State Courts, Alicia R. Ouellette
Freestyle Lawyering: Taking An Expedited Appeal In The New York State Courts, Alicia R. Ouellette
The Journal of Appellate Practice and Process
No abstract provided.
Expedited Appeals In Indiana: Too Little, Too Late, Joel M. Shumm
Expedited Appeals In Indiana: Too Little, Too Late, Joel M. Shumm
The Journal of Appellate Practice and Process
No abstract provided.