Litigation Commons^™

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

UIC Law Review

No abstract provided.

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

Sustainable Development Law & Policy

No abstract provided.

The Anti-Prostitution Pledge: Limiting Speech And Development , Rachael Moshman

Sustainable Development Law & Policy

No abstract provided.

Joseph Henry Lumpkin Inn Of Court Team Members 2005-2006, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

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.

Common Law Disclosure Duties And The Sin Of Omission: Testing The Meta-Theories, Kimberly S. Krawiec, Kathryn Zeiler

Faculty Scholarship

Since ancient times, legal scholars have explored the vexing question of when and what a contracting party must disclose to her counterparty, even in the absence of explicit misleading statements. This fascination has culminated in a set of claims regarding which factors drive courts to impose disclosure duties on informed parties. Most of these claims are based on analysis of a small number of non-randomly selected cases and have not been tested systematically. This article represents the first attempt to systematically test a number of these claims using data coded from 466 case decisions spanning over a wide array of …

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 …

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.

Trinko: Going All The Way, George A. Hay

Cornell Law Faculty Publications

Brown V. Board Of Education, Footnote 11, And Multidisciplinarity, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Dispensing With The Public Interest Requirement In Private Causes Of Action Under The Washington Consumer Protection Act, Jonathan A. Mark

Seattle University Law Review

It has been more than eighteen years since the Washington Supreme Court handed down its landmark decision in Hangman Ridge Training Stables v. Safeco Title Insurance Company. This was the final decision in a string of cases in which the court attempted to resolve problems arising from the application and interpretation of the right to a private cause of action under Washington's Consumer Protection Act ("CPA"). This Article explores the application of the public interest requirement since the decision in Hangman Ridge and considers whether the tests devised by the Hangman Ridge court to determine public interest are still …

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.

Constitutional Accommodation And The Rule(S) Of Courts, Lorne Sossin

Articles & Book Chapters

Constitutional authority for the development and implementation of the rules of court lies with both the legislature, by its statutory power, and the judiciary, by the constitutional principles of judicial independence. The court rules in question here are those that govern court accessibility as well as the roles and responsibilities of parties in civil litigation. The three existing models of rule-making are court-led, where a majority of government officials, and collaborative, which lacks an evident majority of either. These rule-making bodies do not control court fees, the executive does, but in a system with any model, the judiciary always has …

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.

Editor's Note, Brian Baggott

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Partnership Form In Litigation: A Case Study, Nelson P. Lovins

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

A Return To Certainty: Why Grand Jury Subpoenas Should Supersede Civil Protective Orders, Brian Baggott

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Limitations On A Minor's Right To Sue For Medical Malpractice: A Constitutional Analysis, Natalie H. Mantell

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Rule 615 - Beyond The Walls Of The Courtroom Proper: Efficacious Truth-Seeking Device Or Toothless Tiger, Matthew M. Valcourt

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Should Unnecessary Warnings Wrap A Suspect In The Panoply Of Miranda Protections, Ann F. Walsh

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

An Examination Of Relocation Law In Massachusetts, Connecticut, And Rhode Island: Successful Trends Toward Determining The Best Interests Of The Child, Kathleen Yaeger

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Habeas Corpus - Aliens Detained At The United States Naval Base In Guantanamo Bay, Cuba, May Petition Federal Courts For Writs Of Habeas Corpus - Rasul V. Bush, 124 S. Ct. 2686 (2004), Rachel Rod

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witness, Robert P. Mosteller

University of Richmond Law Review

No abstract provided.

Litigating Global Warming: Substantive Law In Search Of A Forum, Henry Mcgee

Faculty Articles

In response to the obstruction by the United States of the Kyoto protocols and its subsequent agreements, American environmental NGOs and state governments have filed a range of lawsuits to force the current U.S. administration, automobile manufacturers, and regulatory actors to combat global warming. This essay first very briefly sketches some of the strategies by litigants to force compliance with Kyoto, an agreement which reflects nearly all of the international community's desire to schedule reductions in greenhouse gas emissions. The essay then describes a strategy that perhaps is the most conventional in terms of international law, but requires a nation …

Mock Trial Team Members 2005-2006, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.