Litigation Commons^™

Fundamental Principles For Class Action Governance, Alexandra Lahav

Faculty Articles and Papers

Class actions face a crisis of governance. The form of governance provided by Rule 23, governance by representative parties, is both vague in theory and ignored in practice. Instead, by a combination of procedural rules, judicial interpretation and common practice, the class is governed by a regime of attorney dictatorship with limited judicial oversight. This regime neither reflects the basic insight that the class and attorney do not have a traditional attorney-client relationship nor performs the task of transforming the inchoate collectivity of the class into an organization that protects and is responsive to the will of class members. This …

Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy

Sustainable Development Law & Policy

No abstract provided.

Epa’S Administrative Compliance Orders Ruled Unconstitutional, Mary Margaret Mccleroy

Sustainable Development Law & Policy

No abstract provided.

Mock Trial Team Members 2003-2004, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

Destruction Of Documents Before Proceedings Commence: What Is A Court To Do?, Camille Cameron, Jonathan Liberman

Articles, Book Chapters, & Popular Press

The effective performance by courts of their adjudicative role depends on the availability of relevant evidence. In civil proceedings, the discovery process aims to ensure that such evidence is available. If documents that would be relevant evidence in a trial are destroyed, a fair adjudication is made difficult, if not impossible. This is so whether the destruction of documents occurs before or after proceedings commence. This article asks what a trial judge should do in a situation where relevant evidence is unavailable because one of the parties has destroyed documents before the proceedings commenced but anticipating that such proceedings were …

Recent New York Appellate Decisions Will Impact Municipal Tort Litigation, John M. Shields

Fordham Urban Law Journal

This article discusses and summarized the recent decisions by the New York State Court of Appeals and other appellate courts that will alter or greatly impact future tort litigation, especially with regard to municipal liability. The article addresses time limitations for filing claims against the state, the "serious injury" standard under insurance law, the case of Rangolan v. County of Nassau.

Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth

Book Chapters

Most research that has attempted to predict verdict preferences on the basis of stable juror characteristics, such as attitudes and personality traits, has found that individual differences among jurors are not very useful predictors, accounting for only a small proportion of the variance in verdict choices. Some commentators have therefore concluded that verdicts are overwhelmingly accounted for by "the weight of the evidence," and that differences among jurors have negligible effects. But there is a paradox here: In most cases the weight of the evidence is insufficient to produce firstballot unanimity in the jury (Hans & Vidmar, 1986; Hastie, Penrod, …

Expert Information And Expert Evidence: A Preliminary Taxonomy, Samuel R. Gross, Jennifer L. Mnookin

Articles

Federal Rule of Evidence 702 speaks in very general terms. It governs every situation in which "scientific, technical or other specialized knowledge will assist the trier of fact," and provides that, in that situation, "a witness qualified as an expert by knowledge, skill, experience, or education, may testify thereto in the form of an opinion or otherwise . . . .' In 2000, following a trio of Supreme Court cases interpreting Rule 702, the Rule was amended to include a third requirement, in addition to the helpfulness of the testimony and the qualifications of the witness: reliability. Under Rule 702 …

Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Avoid Bald Men And People With Green Socks? Other Ways To Improve The Voir Dire Process In Jury Selection, Valerie P. Hans, Alayna Jehle

Cornell Law Faculty Publications

During jury selection, many courts adopt a minimal approach to voir dire questions, asking a small number of close-ended questions to groups of prospective jurors and requiring prospective jurors to volunteer their biases. This Article describes research evidence showing that limited voir dire questioning is often ineffective in detecting juror bias. To improve the effectiveness of voir dire, the authors make four recommendations: (1) increase the use of juror questionnaires; (2) incorporate some open-ended questions; (3) expand the types of questions that are asked; and (4) allow attorneys to participate in voir dire.

Reconciling Federal And State Interest In Securities Regulation In The United States And Europe, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Thermal Imaging And The Fourth Amendment: The Role Of The Katz Test In The Aftermath Of Kyllo V. United States, Gregory Gomez

NYLS Law Review

No abstract provided.

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman

Faculty Publications

(Excerpt)

This Article follows in the spirit of Karl Llewellyn and his fellow drafters of the Uniform Commercial Code who sought to transform merchant norms into law. The merchant norms discussed here are the procedures that sophisticated firms contract for to resolve anticipated valuation disputes. The law proposed is a new procedure for resolving valuation disputes based on commercial valuation norms. More specifically, this Article proposes a new default valuation procedure, modeled on the algorithmic valuation clauses commonly used in the contracts of sophisticated firms, that would encourage parties to valuation disputes to introduce more plausible valuations into evidence and …

The Gatekeeping Role In Civil Litigation And The Abdication Of Legal Values In Favor Of Scientific Values, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Is It Time For A Federal Terrorist Court: Terrorists And Prosecutions: Problems, Paradigms, And Paradoxes, Harvey Rishikof

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Beyond Police Misconduct And False Arrest: Expanding The Scope Of 42 U.S.C. Sec. 1983 Litigation, John R. Williams

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Dawn Of The Computer Age: How The Fourth Amendment Applies To Warrant Searches And Seizures Of Electronically Stored Information, Robert H. Bohn Jr., Lynn S. Muster

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Contracting For Judicial Review Of Arbitration Agreements: Sidestepping The Faa Weakens Arbitration Viability, Julie E. Patalano

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Sobering Consequences For Aliens Convicted Of Felony Dui: Is Drunk Driving A Crime Of Violence Under 18 U.S.C. Sec. 16(B), Jennifer H. Healey

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Dna Dragnet Practices: Are They Constitutional, Laurie Stroum Yeshulas

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Determining The Dischargeability Of Fraudulent Claim Settlement Agreements In Bankruptcy, Stephen R. Bentfield

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Proving Copyright Infringement: Will Striking Similarity Make Your Case, Sean Robert Higgins

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Sign Of The Times: Massachusetts' Need To Amend State Law Against On-Line Predators, Courtney-Elizabeth Mayo

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Internal Revenue, John T. Mcinnes

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin

NYLS Law Review

No abstract provided.

Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes

NYLS Law Review

No abstract provided.

The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro

NYLS Law Review

No abstract provided.