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Litigation Commons™

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2004

Discipline
Institution
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Publication
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Articles 91 - 120 of 150

Full-Text Articles in Litigation

Permitted But Not Intended: Boub V. Township Of Wayne, Municipal Tort Immunity In Illinois, And The Right To Local Travel, 38 J. Marshall L. Rev. 545 (2004), Bruce Epperson Jan 2004

Permitted But Not Intended: Boub V. Township Of Wayne, Municipal Tort Immunity In Illinois, And The Right To Local Travel, 38 J. Marshall L. Rev. 545 (2004), Bruce Epperson

UIC Law Review

No abstract provided.


Constitutional Hardball, 37 J. Marshall L. Rev. 523 (2004), Mark Tushnet Jan 2004

Constitutional Hardball, 37 J. Marshall L. Rev. 523 (2004), Mark Tushnet

UIC Law Review

No abstract provided.


Judges As Film Critics: New Approaches To Filmic Evidence, Jessica M. Silbey Jan 2004

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica M. Silbey

University of Michigan Journal of Law Reform

This Article exposes internal contradictions in case law concerning the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as "demonstrative evidence, "evidence that purports to illustrate other evidence, rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional testimony of live …


Disparate Impact Theory In Employment Discrimination: What’S Griggs Still Good For? What Not?, Elaine W. Shoben Jan 2004

Disparate Impact Theory In Employment Discrimination: What’S Griggs Still Good For? What Not?, Elaine W. Shoben

Scholarly Works

Is disparate impact a dead theory of employment discrimination? Definitely not. The theory itself has a more stable legal status than it did when the Supreme Court embraced it in its 1971 opinion Griggs v. Duke Power Co. But is it thriving in litigation? It appears to be neither thriving nor dead. It has become a relatively less vital tool, compared with theories of intentional discrimination. Despite the heroic effort of Congress to keep the theory from destruction by the Supreme Court through its express codification in 1991, disparate impact litigation is not making a major impact in this …


Not So Peaceful Coexistence: Inherent Tensions In Addressing Tort Law Reform, Jeffrey W. Stempel Jan 2004

Not So Peaceful Coexistence: Inherent Tensions In Addressing Tort Law Reform, Jeffrey W. Stempel

Scholarly Works

As Professor Michael Green's comments trenchantly remind us, all of this has a familiar ring: insurers and tort defendants claim unfairly escalating liability, plaintiffs' lawyers and consumer groups counterattack, and (for the most part), insurers and defendants obtain some of the relief they seek. The tort reform victories are not so overwhelming as to completely unravel the historical rights of victims or the power of courts generally, but some constriction of rights inevitably occurs. During periods of quiescence, plaintiffs and consumers take back some lost territory through common law victories expanding claimant rights, or through specific legislation. Statutes that permitted …


The Politics Of Inmate Litigation, Margo Schlanger Jan 2004

The Politics Of Inmate Litigation, Margo Schlanger

Other Publications

I feel compelled to respond to a recent student-written Note that critiques my Article, Inmate Litigation, published last year in the Review. The Note aims to expose my work as an (“at least . . . unconscious”) exercise in left-leaning political argumentation in the guise of technocratic, quantitative data-crunching. The accusation of covert politics is puzzling. My piece employed careful quantitative and qualitative empirical techniques to evaluate a statute, the Prison Litigation Reform Act (PLRA), that restricts the legal rights of some of the most disempowered and vulnerable people in this country. The politics of that inquiry are clear, and …


Arbitration Advocacy: From Clause To Hearing, 28 Am. J. Trial Advoc. 101 (2004), Celeste M. Hammond, Jeffrey J. Mayer Jan 2004

Arbitration Advocacy: From Clause To Hearing, 28 Am. J. Trial Advoc. 101 (2004), Celeste M. Hammond, Jeffrey J. Mayer

UIC Law Open Access Faculty Scholarship

This Article provides an overview of the key differences between arbitration and litigation, a look at the past and present state of the law governing arbitration, techniques for drafting arbitration clauses, and effective advocacy at arbitration hearings


Front Matter, Jtaa Editors Jan 2004

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Competency And Credibility: Double Trouble For Child Victims Of Sexual Offenses, Jane Dever Prince Jan 2004

Competency And Credibility: Double Trouble For Child Victims Of Sexual Offenses, Jane Dever Prince

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Arbitral Law-Making, Thomas E. Carbonneau Jan 2004

Arbitral Law-Making, Thomas E. Carbonneau

Michigan Journal of International Law

Diversity--of a cultural, economic, religious, and political kind—exists not only among nation-states and in the sources and interpretation of international law, but also among the group of commentators who study the interactions of transborder actors and institutions. For example, sociologists interested in the global community seek to identify emerging entities and activities and to elaborate conceptual models that explain the new differentiations within the traditional pattern. Some of them have a mounting interest in the fashioning of transborder commercial justice by international arbitrators and private arbitral institutions. Who are these new players? How did they acquire their mandate? Further, how …


Case Note: Contracts—Into The Void: Minnesota Limits Application Of The Prima Paint Doctrine—Onvoy, Inc. V. Shal, Llc, Mikel D. Johnson Jan 2004

Case Note: Contracts—Into The Void: Minnesota Limits Application Of The Prima Paint Doctrine—Onvoy, Inc. V. Shal, Llc, Mikel D. Johnson

William Mitchell Law Review

This note first gives a brief overview of arbitration use in the United States. It then discusses the Onvoy decision and provides an analysis of the Minnesota Supreme Court’s ruling. Finally, the note concludes that the court’s holding properly weighs Minnesota’s strong presumption in favor of arbitration against the need to allow access to the courts.


Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray Jan 2004

Creditors' Rights Risk: A Title Insurer's Perspective, 38 J. Marshall L. Rev. 223 (2004), Paul L. Hammann, John C. Murray

UIC Law Review

No abstract provided.


Sizing Up A Multi-Party Tortfeasor Suit In Arkansas: A Tale Of Two Laws—How Fault Is, And Should Be, Distributed, Joseph R. Falasco Jan 2004

Sizing Up A Multi-Party Tortfeasor Suit In Arkansas: A Tale Of Two Laws—How Fault Is, And Should Be, Distributed, Joseph R. Falasco

University of Arkansas at Little Rock Law Review

No abstract provided.


Joseph Henry Lumpkin Inn Of Court Team Members 2004-2005, Kellie Casey Monk Jan 2004

Joseph Henry Lumpkin Inn Of Court Team Members 2004-2005, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.


Developments In Connecticut Criminal Law: 2005, Timothy Everett Jan 2004

Developments In Connecticut Criminal Law: 2005, Timothy Everett

Faculty Articles and Papers

No abstract provided.


Should Issuers Be On The Hook For Laddering? An Empirical Analysis Of The Ipo Market Manipulation Litigation, Adam C. Pritchard, Stephen J. Choi Jan 2004

Should Issuers Be On The Hook For Laddering? An Empirical Analysis Of The Ipo Market Manipulation Litigation, Adam C. Pritchard, Stephen J. Choi

Articles

On December 6, 2000, the Wall Street Journal ran a front-page story exposing abuses in the market for initial public offerings (IPOs). The story revealed "tie-in" agreements between investment banks and initial investors seeking to participate in "hot" offerings. Under those agreements, initial investors would commit to buy additional shares of the offering company's stock in secondary market trading in return for allocations of shares in the IPO. As the Wall Street Journal related, those "[c]ommitments to buy in the after-market lock in demand for additional stock at levels above the IPO price. As such, they provide the rocket fuel …


The Duty To Preserve Documents Before Litigation Commences, Camille Cameron Jan 2004

The Duty To Preserve Documents Before Litigation Commences, Camille Cameron

Articles, Book Chapters, & Popular Press

This paper explores the nature, extent and boundaries of the duties that exist to preserve relevant documents where no litigation has yet commenced and where such litigation can be reasonably anticipated. It uses as the context for this discussion the recent tobacco litigation case McCabe v. British Australian Tobacco (BA T). The duties to preserve are considered from the perspectives of prospective plaintiffs, who need the documents to prove a claim; prospective defendants (and their servants, agents and employees), who may for legitimate reasons have document management policies that call for routine destruction of documents; and judges (and juries), who …


Constitutional Courage, Harry W. Arthurs Jan 2004

Constitutional Courage, Harry W. Arthurs

Articles & Book Chapters

In this lecture, Professor Arthurs argues that we are currently in need of "constitutional courage"-the courage to say "no" to ambitious projects of constitutional reform and constitutional litigation as a way to solve our pressing social and political problems. Professor Arthurs first lays out why our current obsession with the constitution is problematic. He insists that we do not even know what the supposed "supreme law of Canada" actually is, what it says, or even what it does. Moreover, instead of transforming society, the current "cult of constitutionalism" has only served to transform legal practice and scholarship. ei then surmises …


Masthead, Jtaa Editors Jan 2004

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Determinants Of Civil Rights Filings In Federal District Court By Jail And Prison Inmates, Anne Morrison Piehl, Margo Schlanger Jan 2004

Determinants Of Civil Rights Filings In Federal District Court By Jail And Prison Inmates, Anne Morrison Piehl, Margo Schlanger

Articles

This article uses panel data estimation techniques to examine the relation between the number of federal court civil filings by inmates and jail and state prison populations (and, hence, the relation between jail and prison inmate filing rates) both before and after the effective date, in 1996, of the Prison Litigation Reform Act (PLRA). The research issue matters for several reasons. First, the amount of litigation by inmates is a crucial component of the regulatory regime governing jails and prisons and thus what factors drive filings, and by how much, deserves close attention and assessment. In addition, the PLRA was …


The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley Jan 2004

The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.


Standards Of Evidence In Administrative Proceedings, William H. Kuenhle Jan 2004

Standards Of Evidence In Administrative Proceedings, William H. Kuenhle

NYLS Law Review

No abstract provided.


Table Of Contents, Jtaa Editors Jan 2004

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Editor's Note, David Tibbetts Jan 2004

Editor's Note, David Tibbetts

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Mandamus And Recusal: Promoting Public Confidence In The Judicial Process, Kiley Marie Corcoran Jan 2004

Mandamus And Recusal: Promoting Public Confidence In The Judicial Process, Kiley Marie Corcoran

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Contrasting The Prosecution Of Witness Tampering Under 18 U.S.C. Sec. 1503 And 18 U.S.C. Sec. 1512: Why Sec. 1512 Better Serves The Government At Trial, Brian M. Haney Jan 2004

Contrasting The Prosecution Of Witness Tampering Under 18 U.S.C. Sec. 1503 And 18 U.S.C. Sec. 1512: Why Sec. 1512 Better Serves The Government At Trial, Brian M. Haney

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Taking Terrorists To Court: A Practical Evaluation Of Civil Suits Against Terrorists Under The Anti-Terrorism Act, Seth N. Stratton Jan 2004

Taking Terrorists To Court: A Practical Evaluation Of Civil Suits Against Terrorists Under The Anti-Terrorism Act, Seth N. Stratton

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Targeting The Criminally Depraved Mind: The Inherent Meaning Of A Vulnerable Victim Under Federal Sentencing Guideline Sec. 3a1.1, Madeline Yanford Jan 2004

Targeting The Criminally Depraved Mind: The Inherent Meaning Of A Vulnerable Victim Under Federal Sentencing Guideline Sec. 3a1.1, Madeline Yanford

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Dream Team Or Evidentiary Nightmare: Defining When A Government Agency Is Part Of The Prosecution Team, Carole Gordon Rapoport Jan 2004

Dream Team Or Evidentiary Nightmare: Defining When A Government Agency Is Part Of The Prosecution Team, Carole Gordon Rapoport

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Have The Courts Forgotten Res Judicata: The Environmental Protection Agency's Use Of Legislation To Scrutinize Its State Delegates Challenges The Foundation Of Our Law, Mark P. Daly Jan 2004

Have The Courts Forgotten Res Judicata: The Environmental Protection Agency's Use Of Legislation To Scrutinize Its State Delegates Challenges The Foundation Of Our Law, Mark P. Daly

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.