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Articles 4651 - 4680 of 6932

Full-Text Articles in Litigation

Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers, Ronald W. Staudt, Paula Hannaford-Agor Jan 2002

Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers, Ronald W. Staudt, Paula Hannaford-Agor

Faculty Publications

To assist courts, the National Center for State Courts, in partnership with the Illinois Institute of Technology's Institute of Design and the Chicago-Kent College of Law, launched a research project to examine court processes and recommend modifications to eliminate or reduce procedural barriers to access for self-represented litigants. The projects had three major tasks: (1) to identify major barriers to access to justice that self-represented litigants encounter due to court procedures and administrative requirements; (2) to employ system design methodology to redesign court processes to remove those barriers, and (3) to translate the conceptual model for redesigned court system into …

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Procedural Justice Research And The Paucity Of Trials, Chris Guthrie Jan 2002

Procedural Justice Research And The Paucity Of Trials, Chris Guthrie

Vanderbilt Law School Faculty Publications

Professor Deborah Hensler tells an important cautionary tale about mandatory mediation in her thoughtful and provocative contribution to this volume. In Suppose It's Not True: Challenging Mediation Ideology, Hensler observes that courts are now requiring litigants to mediate civil cases "on the grounds that litigants prefer [mediation] to traditional litigation," yet there is "a long line of social psychological research on individuals' evaluations of different dispute resolution procedures" consistent with the "idea that litigants might prefer adversarial litigation and adjudication" to mediation.' Hensler acknowledges that "some experimental research has found that subjects prefer mediation," but she argues that "the empirical …

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Plaintiphobia In The Appellate Courts: Civil Rights Really Do Differ From Negotiable Instruments, Kevin M. Clermont, Theodore Eisenberg Jan 2002

Plaintiphobia In The Appellate Courts: Civil Rights Really Do Differ From Negotiable Instruments, Kevin M. Clermont, Theodore Eisenberg

Cornell Law Faculty Publications

Professors Clermont and Eisenberg conducted a systematic analysis of appellate court behavior and report that defendants have a substantial advantage over plaintiffs on appeal. Their analysis attempted to control for different variables that may affect the decision to appeal or the appellate outcome, including case complexity, case type, amount in controversy, and whether there had been a judge or a jury trial. Once they accounted for these variables and explored and discarded various alternate explanations, they came to the conclusion that a defendants' advantage exists probably because of appellate judges' misperceptions that trial level adjudicators are pro-plaintiff.

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Joseph Henry Lumpkin Inn Of Court Team Members 2002-2003, Kellie Casey Monk Jan 2002

Joseph Henry Lumpkin Inn Of Court Team Members 2002-2003, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

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Table Of Contents, Jtaa Editors Jan 2002

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Masthead, Jtaa Editors Jan 2002

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Circuit Court Interpretations Of What Constitutes A Successive Habeas Corpus Motion Under The Anti-Terrorism And Effective Death Penalty Act Of 1996, Craig Iannini Jan 2002

Circuit Court Interpretations Of What Constitutes A Successive Habeas Corpus Motion Under The Anti-Terrorism And Effective Death Penalty Act Of 1996, Craig Iannini

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Interpreting Rule 60(B)(6) Of The Federal Rules Of Civil Procedure: Limitations On Relief From Judgments For Any Other Reason, Mary C. Cavanagh Jan 2002

Interpreting Rule 60(B)(6) Of The Federal Rules Of Civil Procedure: Limitations On Relief From Judgments For Any Other Reason, Mary C. Cavanagh

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Lawyers And Decisions: A Model Of Practical Judgment, Alexander W. Scherr Jan 2002

Lawyers And Decisions: A Model Of Practical Judgment, Alexander W. Scherr

Scholarly Works

What do lawyers do, and how do they think in practice? Certainly, lawyers analyze law, and apply it to facts: the law school answer. This article proposes a more fluid notion: that lawyering prompts a mindfulness associated with decision-making, a mindfulness that engages and integrates a number of different capacities. Lawyers engage in a complex and unique thought process that relies only partially on rigorous analysis of legal principle. Lawyers must also integrate non-legal and even non-conceptual realities in considering client decisions. This integration emerges from the lawyer-client relationship and flexes to the demands characteristic of lawyering tasks. Lawyering is …

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Punitive Damages: Cooper Industries V. Leatherman Tool Group: Will A Constitutional Objection To The Excessiveness Of A Punitive Damages Award Save Defendants From Oklahoma's Punitive Damages Statute, Amanda L. Maxfield Jan 2002

Punitive Damages: Cooper Industries V. Leatherman Tool Group: Will A Constitutional Objection To The Excessiveness Of A Punitive Damages Award Save Defendants From Oklahoma's Punitive Damages Statute, Amanda L. Maxfield

Oklahoma Law Review

No abstract provided.

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What Bush V. Gore Means For Elections In The 21st Century, Helen Norton Jan 2002

What Bush V. Gore Means For Elections In The 21st Century, Helen Norton

Publications

No abstract provided.

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Should Government Be Allowed To Recover The Costs Of Public Services From Tortfeasors?: Tort Subsidies, The Limits Of Loss Spreading, And The Free Public Services Doctrine, Timothy D. Lytton Jan 2002

Should Government Be Allowed To Recover The Costs Of Public Services From Tortfeasors?: Tort Subsidies, The Limits Of Loss Spreading, And The Free Public Services Doctrine, Timothy D. Lytton

Faculty Publications By Year

The free public services doctrine (also known as the municipal cost recovery rule) states that a government entity may not recover from a tortfeasor the costs of public services occasioned by the tortfeasor's wrongdoing. This article traces the history of the doctrine and argues for its elimination. The article criticizes case law supporting the doctrine and raises objections based on fairness, efficiency, and institutional concerns about the proper limits of judicial policy making. The article discusses the implications of eliminating the doctrine for tobacco litigation, gun litigation, and tort reform.

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So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk Jan 2002

So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk

Articles by Maurer Faculty

No abstract provided.

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The Ethics Of Evidence, J. Alexander Tanford Jan 2002

The Ethics Of Evidence, J. Alexander Tanford

Articles by Maurer Faculty

Professor J. Alexander Tanford offers a unique perspective on the ethics of evidence, illustrated by examples of his own personal experiences as well as excerpts from film and literature. This Article is a must read for any litigator as it addresses the issue of where the line is to be drawn regarding evidence in the courtroom.

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Keeping Cross-Examination Under Control, J. Alexander Tanford Jan 2002

Keeping Cross-Examination Under Control, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

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Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow Jan 2002

Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In these comments I suggest that in our current world, both international and domestic, practicing "in the interests of justice" includes-indeed, should give great priority to-the "peace-seeking" and "problem solving" aspects of lawyering. I continue to see this as counter-cultural to the more common practices of lawyers who are argumentative, persuasive and articulate debaters, who believe fervently and vigorously that seeking justice, on behalf of a client or cause, means advocating for and "winning" a legal claim. To the contrary, seeking peace for parties (and, indeed, nation-states) in conflict, searching for consensus solutions to seemingly intractable public policy and legal …

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Don't Believe Everything You Think: Cognitive Bias In Legal Decision Making, Ian Weinstein Jan 2002

Don't Believe Everything You Think: Cognitive Bias In Legal Decision Making, Ian Weinstein

Faculty Scholarship

This article discusses the role of cognitive bias in legal decision making. Drawing on research in cognitive science and law, it explores the impact of cognitive bias on both lawyers and clients. These often subtle mental biases can lead to pervasive errors in decision making by causing us to ignore important information and make inaccurate predictions. They may lead a client to underestimate the risk of litigation. They may also lead a lawyer to miscategorize a client's value choice as a misjudgement of fact. The article offers illustrative stories of the impact of bias on both client and lawyer and …

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When Litigation Is Not The Only Way: Consensus Building And Mediation As Public Interest Lawyering, Carrie Menkel-Meadow Jan 2002

When Litigation Is Not The Only Way: Consensus Building And Mediation As Public Interest Lawyering, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

British social philosopher Stuart Hampshire recently articulated the fundamental and foundational principles of the modem conflict resolution movement (and I do call it a movement). He asserted that, "there will always be a plurality of different and incompatible conceptions of the good and there cannot be a single comprehensive and consistent theory of human virtue. Correspondingly, "our political enmities in the city or state will never come to an end while we have diverse life stories and diverse imaginations.'' Hampshire, a socially progressive, socialist philosopher hoped to articulate universal conceptions of the good. In his lifetime of reflection on this …

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Constitutional Law: Mci Telecommunications Corp. V. Public Service Commission: The Tenth Circuit Rebuffs The Supreme Court Trend Supporting State Immunity, Stephanie Chapman Jan 2002

Constitutional Law: Mci Telecommunications Corp. V. Public Service Commission: The Tenth Circuit Rebuffs The Supreme Court Trend Supporting State Immunity, Stephanie Chapman

Oklahoma Law Review

No abstract provided.

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Pro Se Litigants At The Summary Judgment Stage: Is Ignorance Of The Law An Excuse?, Jessica Case Jan 2002

Pro Se Litigants At The Summary Judgment Stage: Is Ignorance Of The Law An Excuse?, Jessica Case

Kentucky Law Journal

No abstract provided.

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The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr. Jan 2002

The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.

Faculty Scholarship

One of the central concerns about American policy making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions - legislative, administrative, and legal - is extensive, there is very little scholarship which examines how the interdependencies between institutions affects the strategies of groups. In this paper we examine in a formal theoretical model how the opportunity to litigate administrative rulemaking in the courts affects the lobbying strategies of competing interest groups at the rulemaking stage. Using a resource-based view of group activity, we develop a …

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New Issues Arising Under Section 1983, Martin A. Schwartz Jan 2002

New Issues Arising Under Section 1983, Martin A. Schwartz

Scholarly Works

No abstract provided.

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Civil Litigation From Litigants' Perspectives: What We Know And What We Don't Know About The Litigation Experience Of Individual Litigants, Tamara Relis Jan 2002

Civil Litigation From Litigants' Perspectives: What We Know And What We Don't Know About The Litigation Experience Of Individual Litigants, Tamara Relis

Scholarly Works

This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the litigants. What does litigation mean for those who are directly embroiled and whose lives may consequently be radically transformed? Serious lacunas exist. However, extensive readings worldwide throughout the research process result in a stark elucidation of an overlooked, yet crucially important and somewhat egregious state of affairs, making surprisingly clear just how pernicious litigation is for the average 'nonrepeat player'.

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Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett Jan 2002

Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett

Journal Articles

In late 1975, the accounting and legal professions reached an accord that led to three new professional standards: (1) a new financial accounting rule for contingencies, (2) an auditing standard addressing the requirement that an auditor obtain evidence about an audit client's contingent liabilities to determine whether the client has properly treated those items in its financial statements, and (3) the American Bar Association's Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information under that auditing standard. The Commentary that accompanied the Statement of Policy explicitly stated that the organized bar's expectation that communications between lawyers and auditors …

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Federal Class Action Reform In The United States: Past And Future And Where Next?, Edward H. Cooper Jan 2002

Federal Class Action Reform In The United States: Past And Future And Where Next?, Edward H. Cooper

Articles

Predicting the likely future developments in class action practice in the federal courts of the United States must begin in the past.

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Inside The Black Box: Comment On Diamond And Vidmar, Valerie P. Hans Dec 2001

Inside The Black Box: Comment On Diamond And Vidmar, Valerie P. Hans

Cornell Law Faculty Publications

It is an honor to be invited to comment on the first publication of the Arizona Jury Project, a study of Arizona juries that includes videotaping and analysis of jury room discussions and deliberations. It is a remarkable and unique project, made possible by an unusual confluence of people, places, and events. In an insightful opinion some years ago, United States Supreme Court Justice Louis Brandeis observed that "[i]t is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments …

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Megafirms, Randall S. Thomas, Stewart J. Schwab, Robert G. Hansen Dec 2001

Megafirms, Randall S. Thomas, Stewart J. Schwab, Robert G. Hansen

Cornell Law Faculty Publications

This Article documents and explains the amazing growth of the largest firms in law, accounting, and investment banking. Scholars to date have used various supply-side theories to explain this growth, and have generally examined only one industry at a time. This Article emphasizes a demand-side explanation of firm growth and shows how the explanation is similar for firms in all "project" industries. Legal regulation also plays an important role in determining industry structure. Among the areas covered in this Article are the growth of Multidisciplinary Practice firms (MDPs). MDP growth can best be understood by looking more broadly at the …

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Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner Dec 2001

Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner

Michigan Law Review

During patent infringement litigation, the Federal Rules of Civil Procedure ("FRCP") and the federal district court's local rules govern the parties' pretrial discovery and motion practice. The U.S. District Court for the Northern District of California has adopted the most comprehensive local rules to date covering pretrial procedures in the patent litigation context. The Northern District of California Patent Local Rules ("Local Rules") may come to have a significant impact throughout the federal courts, as it appears that other jurisdictions and commentators are looking to the Local Rules for guidance. For instance, the American Bar Association Section of Intellectual Property …

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Toward A Community Of Professionalism, Elliot L. Bien Oct 2001

Toward A Community Of Professionalism, Elliot L. Bien

The Journal of Appellate Practice and Process

Professionalism amongst American litigators has declined. Many jurisdictions have adopted codes of conduct in order to restore professionalism. These attempts have done little to restore professionalism. Similar adversarial systems, like England's, are admired for their professionalism. What creates this value amongst barristers is a sense of community. A similar practice should be adopted in the United States in order to restore a sense of professionalism in litigation.

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In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman Oct 2001

In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman

The Journal of Appellate Practice and Process

The Solicitor General is often asked to give advice on oral advocacy. Seth P. Waxman has been reluctant to give such advice. Asking an advocate for advice about oral advocacy instead of a judge is like asking a fisherman for advice about catching fish if fish could speak. Waxman begins with a look at the life of acclaimed advocate, Daniel Webster, before giving his long reserved advice.

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