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Articles 4801 - 4830 of 6932

Full-Text Articles in Litigation

The Inevitability Of The Eclectic: Liberating Adr From Ideology, Jeffrey W. Stempel Jan 2000

The Inevitability Of The Eclectic: Liberating Adr From Ideology, Jeffrey W. Stempel

Scholarly Works

The problem with viewing facilitation as the only legitimate form of mediation, of course, is that it borders on tautology: mediation is nonevaluative, therefore any evaluation in mediation must be impermissible. Although this view remains strongly held in many quarters, it appears to be in retreat, both within the mediation community and in the legal community at large. Courts and commentators have shown increasing favor toward some evaluative or advising component of mediation. More important, the eclectic style appears to be what takes place in the metaphorical trenches of mediation practice (although sound empirical data is necessarily hard to obtain …

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Recent Case Developments, Jeffrey W. Stempel Jan 2000

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance Law in the years 1999 and 2000.

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Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton Jan 2000

Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton

Seattle University Law Review

This Article explores ways in which appellate decision-making can be enhanced so as to minimize the counter-therapeutic consequences of the curial process for litigants and witnesses with psychiatric illnesses and intellectual disabilities.

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The Nation's Teacher: The Role Of The United States Supreme Court During Times Of Crisis, Robert Jerome Glennon Jan 2000

The Nation's Teacher: The Role Of The United States Supreme Court During Times Of Crisis, Robert Jerome Glennon

Seattle University Law Review

This Article will suggest that TJ has occasionally been part of the United States Supreme Court's jurisprudence. The Court sometimes finds itself at the center of deeply-divisive national controversies. On those occasions, the opinion of the Court can, and ought to, play a role in healing the nation's controversy-inflicted wounds. The Court should consciously craft an opinion that speaks to the American people as a whole and that calls on every citizen, regardless of the fervency of his or her beliefs, to accept the resolution of the controversy offered by the Court. During such crises, citizens are unlikely to accept …

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Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo Jan 2000

Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo

Seattle University Law Review

This Article explores the establishment of mental health courts as a partial solution to the perplexing societal problem that relegates mentally ill offenders to a "revolving door" existence in and out of prisons and jails.This inescapable situation results from a paucity ofeffective humanitarian policies, laws, and procedures for treating such medically disordered defendants. The establishment of mental health specialty courts is investigated as a potential means of addressing the complex legal issues and psycho-sociological problems faced by the judicial system in dealing with mentally ill offenders.

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Therapeutic Jurisprudence In The Appellate Arena: Judicial Notice And The Potential Of The Legislative Fact Remand, A.J. Stephani Jan 2000

Therapeutic Jurisprudence In The Appellate Arena: Judicial Notice And The Potential Of The Legislative Fact Remand, A.J. Stephani

Seattle University Law Review

This Article begins with a modest objective and ends with an ambitious one. First, it asserts that appellate courts are an appropriate forum for considering the therapeutic impact of the law strand of therapeutic jurisprudence (TJ) scholarship. TJ's character as a "field of social inquiry" is especially suited to the appellate courts' task of formulating new rules of law and choosing among competing policy objectives when resolving opposing normative principles.

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A Sea Change In The Appellate Process?, Gerald W. Vandewalle Jan 2000

A Sea Change In The Appellate Process?, Gerald W. Vandewalle

Seattle University Law Review

Professor David Wexler's essay is certain to engender a sense of fear in appellate judges by its very suggestion that we should undertake such a sweeping reform of the appellate process. But the suggestions should-and will-beget the gnawing feeling that Professor Wexler's analysis of the articles by Professors Nathalie Des Rosiers and Amy Ronner, as well as the questions he poses, require us to explore these ideas further. For those of us who follow the "no advisory opinions" we might stop there. For thotshee acpapneolnl aotef courts who use a screening process to divert cases to an alternative dispute resolution …

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Aggregation And Settlement Of Mass Torts, Edward H. Cooper Jan 2000

Aggregation And Settlement Of Mass Torts, Edward H. Cooper

Articles

It is the way of symposia that, after conveners assign topics for discussion, participants interpret those topics to cover subjects that interest themselves. I understand my assignment to be discussion of "nonbankruptcy closure" and "settlement." The Judicial Conference Working Group on Mass Torts suggests possible approaches that might facilitate closure of mass tort claims by litigation or by settlement! This paper will explore two models prepared to illustrate the challenges that confront any approach to fair and efficient closure. The first model is the "All-Encompassing Model," while the second is a draft of settlement-class provisions for Federal Rule of Civil …

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Aggregation And Settlement Of Mass Torts, Edward H. Cooper Jan 2000

Aggregation And Settlement Of Mass Torts, Edward H. Cooper

Articles

The following essay is the pre-editing draft of the introduction to a paper delivered at a Mass Torts conference held at the University of Pennsylvania Law School in November 1999. Thc conference grew out of the work of the ad hoc Mass Torts Working Group that on February 15, 1999, delivered a Report to the Chief Justice of the United States and the judicial Conference of the United States. The Working Group, chaired by Third Circuit Judge Anthony J. Scirica, '65, included members drawn from several Judicial Conference committees, including the Advisory Committee on the Federal Rules of Civil Procedure, …

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Toward More Sophisticated Mediation Theory, John M. Lande Jan 2000

Toward More Sophisticated Mediation Theory, John M. Lande

Faculty Publications

In the lead article in this symposium, Professor Jeffrey Stempel provides a very thoughtful analysis of the mediation field. He focuses on the debate over facilitative and evaluative mediation and he is critical of many of the arguments made by proponents of facilitative mediation. I have expressed some similar concerns, and I generally agree with his analysis (with a quibble here and there). I do think that the facilitation-evaluation debate has been productive (though admittedly wearisome), and that proponents of facilitative mediation deserve more credit than he gives them in his article.

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Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das Jan 2000

Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das

UIC Law Review

No abstract provided.

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Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger Jan 2000

Cash Balance Plans: They Work For Employers But Do They Work For Employees?, 34 J. Marshall L. Rev. 345 (2000), Deana Saxinger

UIC Law Review

No abstract provided.

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Appellate Advocacy As Adult Education, Christine Durham Jan 2000

Appellate Advocacy As Adult Education, Christine Durham

The Journal of Appellate Practice and Process

Judges must learn enough about every case in order to make competent rulings. An attorney may be a more effective appellate advocate is they think of themselves as teachers to judges.

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Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis Jan 2000

Standards Of Review: Judicial Review Of Discretionary Decisionmaking, Martha S. Davis

The Journal of Appellate Practice and Process

The applicable standard of review determines how much deference an appellate court gives a lower court’s decision. Discretionary decisions are review under the “abuse of discretion” standard where the process the lower court used to reach its decision is scrutinized. Three scholars attempts to define this standard are first analyzed followed by cases that have molded the standard. Advice to practitioners concludes the article.

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The Pitfalls Of Replies, Jason Vail Jan 2000

The Pitfalls Of Replies, Jason Vail

The Journal of Appellate Practice and Process

A warning is given about the pitfalls of “last word disease.”

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Disarray Among The Federal Circuits: Harmless Error Review Of Rule 11 Violations, Brent E. Newton Jan 2000

Disarray Among The Federal Circuits: Harmless Error Review Of Rule 11 Violations, Brent E. Newton

The Journal of Appellate Practice and Process

Federal Rule of Criminal Procedure 11 governs how a defendant must be counseled when pleading guilty or nolo contendre. Federal Courts of Appeals have held that violation of Rule 11 is harmless error. Since it is harmless error, the lower courts’ decisions are upheld. This article argues that the Federal Courts of Appeals have misapplied the harmless error standard when deciding Rule 11 issues.

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Now V. Scheidler, Round Two, Craig M. Bradley Jan 2000

Now V. Scheidler, Round Two, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

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Mock Trial Executive Board, 2000-2001, Kellie Casey Monk Jan 2000

Mock Trial Executive Board, 2000-2001, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

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The Secret Of The Court In The Netherlands, Niels F. Van Manen Jan 2000

The Secret Of The Court In The Netherlands, Niels F. Van Manen

Seattle University Law Review

The procedural organization of the legal system in the Netherlands is quite different from the North American model. The Dutch legal system forbids the publication of dissenting opinions. There is even a veil of ignorance about unanimity, created by what is "secret of the court": justice is handed out in black and white terms, regardless of the judges' motivations. This might create an image of unity and unanimity, and thus promote the legitimacy of jurisprudence, however, this secret of the court also prevents the effects of therapeutic jurisprudence, since those who have "won," but even more so those who have …

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Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White Jan 2000

Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White

Articles

In this Article, Professors Hanoch Dagan and James White study the most recent challenge raised by mass torts litigation: the interference of governments with the bilateral relationship between citizens and injurious industries. Using the tobacco settlement as their case study, Dagan and White explore the important benefits and the grave dangers of recognizing governments' entitlement to reimbursement for costs they have incurred in preventing or ameliorating their citizens' injuries. They further demonstrate that the current law can help capture these benefits and guard against the entailing risks, showing how subrogation law can serve as the legal foundation of the governments' …

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The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein Jan 2000

The Secrecy Interest In Contract Law, Omri Ben-Shahar, Lisa Bernstein

Articles

A long and distinguished line of law-and-economics articles has established that in many circumstances fully compensatory expectation damages are a desirable remedy for breach of contract because they induce both efficient performance and efficient breach. The expectation measure, which seeks to put the breached-against party in the position she would have been in had the contract been performed, has, therefore, rightly been chosen as the dominant contract default rule. It does a far better job of regulating breach-or-perform incentives than its leading competitors-the restitution measure, the reliance measure, and specific performance. This Essay does not directly take issue with the …

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In Re Silicon Graphics Inc.: Shareholder Wealth Effects Resulting From The Interpretation Of The Private Securities Litigation Reform Act's Pleading Standard, Marilyn F. Johnson, Karen K. Nelson, Adam C. Pritchard Jan 2000

In Re Silicon Graphics Inc.: Shareholder Wealth Effects Resulting From The Interpretation Of The Private Securities Litigation Reform Act's Pleading Standard, Marilyn F. Johnson, Karen K. Nelson, Adam C. Pritchard

Articles

This Article presents an empirical study of changes in shareholder wealth resulting from the Ninth Circuit Court of Appeals decision in In re Silicon Graphics Inc. Securities Litigation, which interpreted the pleading provision established in the Private Securities Litigation Reform Act of 1995 (the "Reform Act"). Congress passed the Reform Act as part of an ongoing effort to protect corporations from abusive suits alleging "fraud by hindsight." In such suits, plaintiffs claimed that a sudden drop in a company's stock price was evidence that the issuer and its management covered up the bad news that led to the price drop. …

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Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos Jan 2000

Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos

Richmond Public Interest Law Review

As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …

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Evidence: 1998-1999 Survey Of New York Law, Faust Rossi Jan 2000

Evidence: 1998-1999 Survey Of New York Law, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

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Second Circuit 1999-2000 Res Judicata Developments, Jay C. Carlisle Jan 2000

Second Circuit 1999-2000 Res Judicata Developments, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

During the 1999-2000 survey year the United States Court of Appeals for the Second Circuit has issued at least twenty-five res judicata decisions expanding the doctrines of claim preclusion and issue preclusion. The court liberally applied claim preclusion but infrequently applied the more expansive doctrine of issue preclusion. Also, the Second Circuit released over fifty unpublished decisions that affect the rights of pro se litigants appearing before the court. These decisions demonstrate the court's immense respect for the doctrine of res judicata. Similarly, the decisions illustrate the extent to which the court relies on the doctrine to achieve finality, to …

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Front Matter, Jtaa Editors Jan 2000

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Masthead, Jtaa Editors Jan 2000

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Eroding The Blue Wall Of Silence: The Need For An Internal Affairs Privilege Of Confidentiality, John Joseph Powers Jr. Jan 2000

Eroding The Blue Wall Of Silence: The Need For An Internal Affairs Privilege Of Confidentiality, John Joseph Powers Jr.

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Governmental Benefits Conditioned On The Relinquishment Of Constitutional Rights, Victoria Rebecca Whelan Jan 2000

Governmental Benefits Conditioned On The Relinquishment Of Constitutional Rights, Victoria Rebecca Whelan

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

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Alternative Liability In Litigation Malpractice Actions: Eradicating The Last Resort Of Scoundrels, Lawrence W. Kessler Jan 2000

Alternative Liability In Litigation Malpractice Actions: Eradicating The Last Resort Of Scoundrels, Lawrence W. Kessler

San Diego Law Review

The legal malpractice tort, however, has managed to withstand the winds of legal change. Particularly crucial has been the refusal to apply alternative causation doctrines. The refusal to apply causation doctrines that have been embraced in other areas has significant social effects. As a result, the consumers of legal services receive less protection from the courts than do the consumers of products or medical services.

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