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Articles 61 - 90 of 124
Full-Text Articles in Litigation
Optrex And The Attorney-Client Privilege: Implications And Potential Significance, 39 J. Marshall L. Rev. 1 (2005), Sandra Liss Friedman, Helena D. Sullivan
Optrex And The Attorney-Client Privilege: Implications And Potential Significance, 39 J. Marshall L. Rev. 1 (2005), Sandra Liss Friedman, Helena D. Sullivan
UIC Law Review
No abstract provided.
Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii
Remands In Trade Adjustment Assistance Cases, 39 J. Marshall L. Rev. 9 (2005), Munford Page Hall Ii
UIC Law Review
No abstract provided.
An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy
An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy
UIC Law Review
No abstract provided.
What Does Optrex Mean For The Customs Bar?, 39 J. Marshall L. Rev. 23 (2005), John B. Pellegrini
What Does Optrex Mean For The Customs Bar?, 39 J. Marshall L. Rev. 23 (2005), John B. Pellegrini
UIC Law Review
No abstract provided.
Adjudicating International Trade Cases At The U.S. Commerce Department: Endless Remand Or Balanced Resolve?, 39 J. Marshall L. Rev. 59 (2005), Elizabeth C. Seastrum, Matthew D. Walden
Adjudicating International Trade Cases At The U.S. Commerce Department: Endless Remand Or Balanced Resolve?, 39 J. Marshall L. Rev. 59 (2005), Elizabeth C. Seastrum, Matthew D. Walden
UIC Law Review
No abstract provided.
Patients Beware: Preemption Of Common Law Claims Under The Medical Device Amendments, 39 J. Marshall L. Rev. 75 (2005), Michael P. Dinatale
Patients Beware: Preemption Of Common Law Claims Under The Medical Device Amendments, 39 J. Marshall L. Rev. 75 (2005), Michael P. Dinatale
UIC Law Review
No abstract provided.
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler
UIC Law Review
No abstract provided.
American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley
UIC Law Review
No abstract provided.
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
Public Use Or Experimental Use: Are Clinical Trials Susceptible To Another Attack Similar To That In Smithkline Beecham Corp. V. Apotex Corp., 39 J. Marshall L. Rev. 149 (2005), Nimalka Wickramasekera
UIC Law Review
No abstract provided.
Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian
Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian
Northwestern Journal of International Law & Business
Litigation against tobacco companies, about smoking-related diseases, is novel outside of the United States. While in the past two decades U.S. courts have handed down costly verdicts against tobacco companies, European courts have not been as willing to rule against the tobacco industry. European courts have been much more reluctant to award damages to individuals with smoking related diseases or their families. As a result, courts outside the United States have not handed down major decisions against tobacco companies.
Using Subsequent Remedial Measures To Help Satisfy Problematic Causation Requirements In Toxic Torts Cases, Jason Drori
Using Subsequent Remedial Measures To Help Satisfy Problematic Causation Requirements In Toxic Torts Cases, Jason Drori
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part Two: Statutory Preclusions On Epa Enforcement, Jeffrey G. Miller
Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part Two: Statutory Preclusions On Epa Enforcement, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This is the second half of a two-part Article focusing on preclusions against successive enforcement of the environmental statutes. Part One of the Article, printed in Volume 28 of this Journal, examined preclusions against citizen suits and argued that because of the theme-and-variations nature of the preclusion language, that language should be read in accordance with its plain meaning. Part Two, published in this issue, studies the restrictions on enforcement actions by the EPA and reaches the same conclusion.
Is Voting Necessary? Organization Standing And Non-Voting Members Of Environmental Advocacy Organizations, Karl S. Coplan
Is Voting Necessary? Organization Standing And Non-Voting Members Of Environmental Advocacy Organizations, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
This article will examine the law of standing, and specifically, the conflicting decisions concerning the importance of voting rights in order to establish organizational standing. The article concludes that voting rights should not be essential to the assertion of representational standing. Nevertheless, the article will also consider alternate forms of organization that will improve an organization's chances of establishing representational standing, while addressing the concerns that lead organizations to avoid a voting membership in the first place.
Washington State's 45-Year Experiment In Government Liability, Michael Tardif, Rob Mckenna
Washington State's 45-Year Experiment In Government Liability, Michael Tardif, Rob Mckenna
Seattle University Law Review
Washington's waiver of sovereign immunity has been in force for nearly forty-five years, during which time many questions have been answered. New litigation, however, continues to expand the scope of the waiver, and the extent of liability continues to raise new questions and present difficult problems. Major problems include the uncertainty of case-by-case determinations of government liability and the cost of liability for inherently risky governmental programs, such as corrections and child welfare. Part I of this Article examines the waiver against the background of prior Washington law and the pattern of immunity waivers in other jurisdictions. This examination reveals …
Class Actions And Limited Vision: Opportunities For Improvement Through A More Functional Approach To Class Treatment Of Disputes, Jeffrey W. Stempel
Class Actions And Limited Vision: Opportunities For Improvement Through A More Functional Approach To Class Treatment Of Disputes, Jeffrey W. Stempel
Scholarly Works
This Article describes the evolution of the perception of the modern class action from populist darling to greedy lawyer pariah, including recent passage of CAFA. It then examines the degree to which different types of cases present different potential benefits and detriments of class action treatment and explains why investor class actions, including those brought by institutional investors, are particularly likely to benefit from class treatment, are resistant to many of the perceived problems of class actions in other contexts, and should receive a warmer welcome from courts, both in absolute terms and relative to other types of class actions. …
A Judgement By Hunch: Revisiting Massachusetts' Rationale For Refusing To Increase Criminal Sentences Based On A Defendant's Alleged Perjury, Katherine Etherington
A Judgement By Hunch: Revisiting Massachusetts' Rationale For Refusing To Increase Criminal Sentences Based On A Defendant's Alleged Perjury, Katherine Etherington
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Anticipating Litigation In Contract Design, Robert E. Scott, George G. Triantis
Anticipating Litigation In Contract Design, Robert E. Scott, George G. Triantis
Faculty Scholarship
Contract theory does not address the question of how parties design contracts under the existing adversarial system, which relies on the parties to establish relevant facts indirectly by the use of evidentiary proxies. In this Article, we advance a theory of contract design in a world of costly litigation. We examine the efficiency of investment at the front end and back end of the contracting process, where we focus on litigation as the back-end stage. In deciding whether to express their obligations in precise or vague terms, contracting parties implicitly allocate costs between the front and back end. When the …
Do Institutions Matter? The Impact Of The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch
Do Institutions Matter? The Impact Of The Lead Plaintiff Provision Of The Private Securities Litigation Reform Act, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch
Articles
When Congress enacted the Private Securities Litigation Reform Act in 1995 ("PSLRA"), the Act's "lead plaintiff' provision was the centerpiece of its efforts to increase investor control over securities fraud class actions. The lead plaintiff provision alters the balance of power between investors and class counsel by creating a presumption that the investor with the largest financial stake in the case will serve as lead plaintiff. The lead plaintiff then chooses class counsel and, at least in theory, negotiates the terms of counsel's compensation. Congress's stated purpose in enacting the lead plaintiff provision was to encourage institutional investors-pension funds, mutual …
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes
Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes
Faculty Publications
The purpose of this essay is merely to examine the pertinent antitrust issues. The essay proceeds on the assumption that the AALS policy, whose terms are precatory, speaks to what is in fact an agreement among law schools. As noted below, the policy itself contemplates that law school deans will seek waivers, in individual cases, extending the time periods for up to two months. Were the policy to be litigated, law schools might dispute the existence of an agreement. We believe, though, that the nature of the policy strongly suggests that it represents an agreement among law schools and that …
Dependence, Identity, And Abortion Politics, Robin Effron
Dependence, Identity, And Abortion Politics, Robin Effron
Faculty Scholarship
No abstract provided.
Erisa Stock Drop Cases: An Evolving Standard, 38 J. Marshall L. Rev. 889 (2005), Craig C. Martin, Elizabeth L. Fine
Erisa Stock Drop Cases: An Evolving Standard, 38 J. Marshall L. Rev. 889 (2005), Craig C. Martin, Elizabeth L. Fine
UIC Law Review
No abstract provided.
Statutes Of Limitations: A Policy Analysis In The Context Of Reparations Litigation, Suzette M. Malveaux
Statutes Of Limitations: A Policy Analysis In The Context Of Reparations Litigation, Suzette M. Malveaux
Publications
This article discusses the underlying policy rationales for statutes of limitations and their exceptions, as demonstrated by Supreme Court precedents. This article explores limitations law in the context of a case brought by African-American survivors of the Tulsa Race Riot of 1921 who sought restitution from the local government for its participation in one of the worst race riots in American history, in violation of their constitutional and federal civil rights. Using the Tulsa case as an exemplar, this article analyzes the propriety of the case’s dismissal as time-barred, and contends that this outcome was unwarranted under precedents and failed …
Facing Arbitration For Environmental Regulation: Arbitration Under Chapter 11 Of The North American Free Trade Agreement Between Methanex Corporation And The United States Of America , Rekha Rao
Sustainable Development Law & Policy
No abstract provided.
Border Power Plant Working Group V. Department Of Energy, Kelly Rain
Border Power Plant Working Group V. Department Of Energy, Kelly Rain
Sustainable Development Law & Policy
No abstract provided.
The Anti-Prostitution Pledge: Limiting Speech And Development , Rachael Moshman
The Anti-Prostitution Pledge: Limiting Speech And Development , Rachael Moshman
Sustainable Development Law & Policy
No abstract provided.
Consumer Payment Products And Systems: The Need For Uniformity And The Risk Of Political Defeat, Mark E. Budnitz
Consumer Payment Products And Systems: The Need For Uniformity And The Risk Of Political Defeat, Mark E. Budnitz
Faculty Publications By Year
No abstract provided.
Love, Law, & Litigation In Colonial Georgia: The Trial And The Tribulation Of John Wesley In Savannah, E. R. Lanier
Love, Law, & Litigation In Colonial Georgia: The Trial And The Tribulation Of John Wesley In Savannah, E. R. Lanier
Faculty Publications By Year
No abstract provided.
Joseph Henry Lumpkin Inn Of Court Team Members 2005-2006, Kellie Casey Monk
Joseph Henry Lumpkin Inn Of Court Team Members 2005-2006, Kellie Casey Monk
Materials from All Student Organizations
No abstract provided.
Criminal Law - Physical Evidence Obtained As A Result Of Unwarned, Voluntary Statement Held Admissible Despite Failure To Issue Miranda Warnings - United States V. Patane, 124 S. Ct. 2620 (2004), Sean Tirrell
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
What Counts As Fraud? An Empirical Study Of Motions To Dismiss Under The Private Securities Litigation Reform Act, Adam C. Pritchard, Hillary A. Sale
What Counts As Fraud? An Empirical Study Of Motions To Dismiss Under The Private Securities Litigation Reform Act, Adam C. Pritchard, Hillary A. Sale
Articles
This article presents the findings of a study of the resolution of motions to dismiss securities fraud lawsuits since the passage of the Private Securities Litigation Reform Act (PSLRA) in 1995. Our sample consists of decisions on motions to dismiss in securities class actions by district and appellate courts in the Second and Ninth Circuits for cases filed after the passage of the Reform Act to the end of 2002. These circuits are the leading circuits for the filing of securities class actions and are generally recognized as representing two ends of the securities class action spectrum. Post-PSLRA, the Second …