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Articles 4411 - 4440 of 6932

Full-Text Articles in Litigation

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.

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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 …

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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 …

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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 …

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Masthead, Jtaa Editors Jan 2004

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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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 …

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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.

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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.

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Table Of Contents, Jtaa Editors Jan 2004

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Editor's Note, David Tibbetts Jan 2004

Editor's Note, David Tibbetts

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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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.

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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.

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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.

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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.

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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.

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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.

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Preemption Doctrine - Preliminary Injunction Barring Implementation Of State Prescription Drug Coverage Program Deemed Reversible Error - Pharmaceutical Research And Manufacturers Of America V. Walsh, 123 S. Ct. 1855 (2003), Erin Mcgill Nobles Jan 2004

Preemption Doctrine - Preliminary Injunction Barring Implementation Of State Prescription Drug Coverage Program Deemed Reversible Error - Pharmaceutical Research And Manufacturers Of America V. Walsh, 123 S. Ct. 1855 (2003), Erin Mcgill Nobles

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Collateral Order - Knee-Deep In Confusion: Its Continuing Saga - Sell V. United States, 123 S. Ct. 2174 (2003), Joon H. Chung Jan 2004

Collateral Order - Knee-Deep In Confusion: Its Continuing Saga - Sell V. United States, 123 S. Ct. 2174 (2003), Joon H. Chung

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Forum Selection In International Contract Litigation: The Role Of Judicial Discretion, Hannah Buxbaum Jan 2004

Forum Selection In International Contract Litigation: The Role Of Judicial Discretion, Hannah Buxbaum

Articles by Maurer Faculty

The United States is currently involved in negotiation of the Hague Convention on Exclusive Choice of Court Agreements, which would regulate the enforceability of forum-selection clauses in international contracts. That project - as well as the recent focus in globalization literature on more active judicial management of forum selection - draws attention to one unusual aspect of U.S. jurisdictional law: that dismissal on the basis of forum non conveniens is available even in cases arising out of contracts including negotiated forum selection clauses. This article examines the resulting tension between the right of contract parties to select a forum in …

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State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard Jan 2004

State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard

University of Richmond Law Review

No abstract provided.

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The New Look Of Shareholder Litigation: Acquisition-Oriented Class Actions, Randall Thomas, Robert B. Thompson Jan 2004

The New Look Of Shareholder Litigation: Acquisition-Oriented Class Actions, Randall Thomas, Robert B. Thompson

Vanderbilt Law School Faculty Publications

Shareholder litigation is the most frequently maligned legal check on managerial misconduct within corporations. Derivative lawsuits and federal securities class actions are portrayed as slackers in debates over how best to control the managerial agency costs created by the separation of ownership and control in the modern corporation. In each instance, early hopes these suits would effectively monitor managerial misconduct have been replaced with concerns about the size of the litigation agency costs of such representative litigation, which can arise when a self-selected plaintiff's attorney and her client that are appointed to pursue the claims of an entire class of …

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Mock Trial Team Members 2004-2005, Kellie Casey Monk Jan 2004

Mock Trial Team Members 2004-2005, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

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National Order Of Barristers 2004, Kellie Casey Monk Jan 2004

National Order Of Barristers 2004, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

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Front Matter, Jtaa Editors Jan 2004

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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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.

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Local Government Liability Litigation: Numerical Nuances, R. Perry Sentell Jr. Jan 2004

Local Government Liability Litigation: Numerical Nuances, R. Perry Sentell Jr.

Scholarly Works

Georgia local government law not only encompasses a forbidding substantive expanse; it occupies a dominating presence before the Georgia appellate courts. Those courts are called to resolve all manner of litigation erupting from citizen exposure to government at its first level. The controversies feature issues both recurring and unique; they represent nothing less than the essence of law in daily life. An annual effort to chronicle those controversies over a good number of years reveals two (among many) distinct facets. First, local government liability has consistently dwarfed all other litigated issues; and second, this pervading characteristic emits no signs of …

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Solving The Nuisance-Value Settlement Problem: Manadatory Summary Judgment, David Rosenberg, Randy J. Kozel Jan 2004

Solving The Nuisance-Value Settlement Problem: Manadatory Summary Judgment, David Rosenberg, Randy J. Kozel

Journal Articles

The nuisance-value settlement problem arises whenever a litigant can profitably initiate a meritless claim or defense and offer to settle it for less than it would cost the opposing litigant to have a court dismiss the claim or defense on a standard motion for merits review like summary judgment. The opposing litigant confronted with such a nuisance-value claim or defense rationally would agree to settle for any amount up to the cost of litigating to have it dismissed. These settlement payoffs skew litigation outcomes away from socially appropriate levels, undermining the deterrence and compensation objectives of civil liability. Yet current …

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The Ethics Of Delaying Persecution, Lisa A. Dolak Jan 2004

The Ethics Of Delaying Persecution, Lisa A. Dolak

American University Law Review

No abstract provided.

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Important” And “Irreversible” But Maybe Not “Unreviewable”: The Dilemma Of Protecting Defendants’ Rights Through The Collateral Order Doctrine, Kristin B. Gerdy Jan 2004

Important” And “Irreversible” But Maybe Not “Unreviewable”: The Dilemma Of Protecting Defendants’ Rights Through The Collateral Order Doctrine, Kristin B. Gerdy

Faculty Scholarship

This articles addresses the collateral order doctrine beginning with its inception in Cohen v. Beneficial Industrial Loan Corp., and continuing through an overview of theCourt's civil collateral order jurisprudence illustrating the development of the "requirements" for attaining appellate review under the doctrine. It examines the role of "important rights" in the Court's collateral order cases and attempts to determine whether "importance" is an additional requirement of the collateral order test. The author seeks to define what the Court means by an "important" right or issue, and to explain the view that some rights are sufficiently "important" to outweigh costs of …

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Typology Of Aggregate Settlements, A , Howard M. Erichson Jan 2004

Typology Of Aggregate Settlements, A , Howard M. Erichson

Faculty Scholarship

It is odd, considering how often lawyers engage in aggregate settlements, that no one seems able to explain what "aggregate settlement" means. It is one of the most important yet least defined terms in complex litigation. Lawyers and judges talk about aggregate settlements as though it were obvious what the term signifies and as though it describes a single thing. In fact, group settlements in multiparty litigation vary significantly. And they vary in ways that make it difficult to determine whether certain deals ought to be understood as collective settlements or simply as groups of individual settlements bundled together. This …

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