Litigation Commons^™

Hearsay: Part Iv, Paul C. Giannelli

Faculty Publications

No abstract provided.

Hearsay: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

Hearsay: Part Iii, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Case In Support Of Legislation Facilitating The Consolidation Of Mass-Accident Litigation: A View From The Legislature, Charles G. Geyh, Robert W. Kastenmeier

Articles by Maurer Faculty

No abstract provided.

Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel

Scholarly Works

As the juxtaposition of these quotations suggests, judges have long held disparate views on the legitimacy and value of “public policy” considerations as a basis for legal decision making. The popular notion posits that Justice Holmes and legal realists carried the day, making public policy analysis an ordinary part of the adjudication process. The story, of course, is more complex than this legal version of Don Quixote. Many judges and lawyers, including Justice Holmes in other writings, continued to speak of adjudication in more formalist and positivist terms, with most laypersons in apparent agreement. Judge Burroughs' view of public policy …

The Pattern Of Racketeering Element Of Rico Liability, Committee On Federal Courts Of The New York State Bar Association

Touro Law Review

No abstract provided.

New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz

Touro Law Review

No abstract provided.

Blind Man's Bluff: An Analysis Of The Discovery Of Expert Witnesses Under Federal Rule Of Civil Procedure 26(B)(4) And A Proposed Amendment, Mathew R. Wildermuth

Indiana Law Journal

No abstract provided.

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …

Case Digests: West Virginia Supreme Court Of Appeals Decisions, 1988, Gregory Vincent Smith, Matthew Victor

West Virginia Law Review

No abstract provided.

Appellate Litigation: Its Place In The Law School Curriculum, Robert J. Martineau

Journal of Legal Education

No abstract provided.

Impeachment Of Witnesses: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

Expert Witnesses, Paul C. Giannelli

Faculty Publications

No abstract provided.

Impeachment Of Witnesses: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.

Employment Discrimination, Charles Stephen Ralston, Paul Kamenar, William Bradford Reynolds, Gail Wright-Sirmans

Touro Law Review

No abstract provided.

Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.

Touro Law Review

No abstract provided.

Back To The Future: Use Of Percentage Fee Arrangements In Common Fund Litigation, Bennet A. Mcconaughy

Seattle University Law Review

The premise of this Article is that common fund litigation will be most efficiently and beneficially prosecuted if attorney fees are awarded under a methodology that makes parallel the interests of counsel in the fee award and of the class in the recovery. The Article examines the historical uses of the percentage fee, the development of and problems with, hourly based methods of computing fees, and the renewed trend toward the use of percentage fee awards. It concludes that, unlike hourly based methodologies, percentage fee arrangements align the interests of counsel with the interests of both the class and the …

Case Digests: The Law Of Higher Education In West Virginia, Deborah L. Miller, Paul L. Weber

West Virginia Law Review

No abstract provided.

Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Protecting water quality is essential to preserve the many beneficial uses of western water resources. This conference addresses the dominant federal requirements in the Clean Water Act, including the important major revisions enacted by Congress in 1987, with special attention to western problems regarding nonpoint source pollution. Developments in groundwater quality regulation are considered, as are selected issues concerning the implications of state and federal water quality regulation for the traditional exercise of water rights.

West Virginia Supreme Court Of Appeals Decision, 1986-1987, Patrick Harton, Susan M. Robinson, Bruce Stanley

West Virginia Law Review

No abstract provided.

The Admissibility Of Laboratory Reports In Criminal Trials: The Reliability Of Scientific Proof, Paul C. Giannelli

Faculty Publications

No abstract provided.

A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel

Scholarly Works

As almost anyone alive during the past decade knows, this is the era of the ‘litigation explosion,’ or there is at least the perception that a litigation explosion exists. Although all agree that the absolute number of lawsuits has increased in virtually every corner of the state and federal court systems, there exists vigorous debate about whether the increase is unusual in relative or historical terms and even more vigorous debate about whether the absolute increase in cases symbolizes the American concern for fairness and justice or represents a surge in frivolous or trivial disputes needlessly clogging the courts. As …

Procedure For Admitting And Excluding Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Attorneys’ Fees In Antitrust Litigation: Making The System Fairer, Edward D. Cavanagh

Faculty Publications

(Excerpt)

Section 4(a) of the Clayton Act entitles prevailing plaintiffs in private antitrust actions to recover, in addition to treble damages, their reasonable attorneys' fees. Unique when adopted as part of the Sherman Act in 1890, this fee-shifting provision has been imitated, at least in part, in over 100 federal statutes. In providing for attorneys' fees, Congress intended to promote private enforcement of the antitrust laws and to insulate the treble damages recovery from expenditures for legal fees. Fee-shifting is mandatory where a plaintiff prevails, but the court has some leeway in setting the amount of the fee. The controversy …

Product Liability Litigation With Risk Aversion, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The recent law and economics literature has directed much energy toward identifying the various factors that determine whether parties will litigate or settle accident claims.' The substantive interest in this area rests in large measure on the obvious element of conflict in all these cases: the plaintiff is trying to obtain reimbursement for his losses from the defendant, which the defendant wishes to avoid paying. The strategic structure of their interaction is quite complex because the outcomes of bringing claims are heavily influenced by the costs, usually substantial, of both bargaining and litigating. The game between plaintiff and defendant is …

Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein

Touro Law Review

No abstract provided.

Eyewitness Identifications And Expert Testimony, Paul C. Giannelli

Faculty Publications

No abstract provided.

“Syndrome” Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Use Of Comparative Risk Methods In Regulatory And Common Law, Michael S. Baram

Faculty Scholarship

Several persistent problems afflict risk decisionmaking. In the regulatory context, agencies confront the problems of how to prioritize risks for best use of their limited resources and how to determine "how safe is safe enough," or a risk limit, when action is to be taken on a particular risk.

In the trial courts hearing toxic tort actions, the jury must often determine whether an activity is "unreasonably dangerous" or a product is "defective" because of its risk attributes.

To resolve these problems, many have proposed the use of risk comparisons. Now that we can quantify risks, why not compare them …

Legal Factors In The Acquisition Of A United State Corporation: Litigation By Hostile Targets, Johan E. Droogmans

LLM Theses and Essays

Acquisitions of United States corporations have become increasingly complex takeover contests, where bidders and target corporations are forced into offensive and defensive litigation strategies to protect their respective interests. Targets often assert that the bidders have violated federal or state securities laws, federal antitrust laws, federal margin regulations, federal and state regulatory systems, and federal anti-racketeering laws. These lawsuits are primarily based on the principal federal regulation of takeovers in section 14(a) of the Securities and Exchange Act of 1934 and the Williams Act. Target litigation is customary, but entails certain disadvantages; a lawsuit rarely stops an offer, is expensive, …