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Articles 4831 - 4860 of 6932

Full-Text Articles in Litigation

Amicus Curiae: Friend Or Foe: The Limits Of Friendship In American Jurisprudence, Michael J. Harris Jan 2000

Amicus Curiae: Friend Or Foe: The Limits Of Friendship In American Jurisprudence, Michael J. Harris

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Plea Agreements: Progressing The Fight Against Crime Or Bribing Witnesses, Sheila Creaton Jan 2000

Plea Agreements: Progressing The Fight Against Crime Or Bribing Witnesses, Sheila Creaton

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Editor's Note, Robert D. Laurie Jan 2000

Editor's Note, Robert D. Laurie

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Inadequacy Of The Massachusetts Voir Dire, Debora A. Cancado Jan 2000

The Inadequacy Of The Massachusetts Voir Dire, Debora A. Cancado

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


When Does Time Begin: A Clarification Of The Federal Courts' Inconsistent Application Of The Federal Catch-All Statute Of Limitations, Robert D. Laurie Jan 2000

When Does Time Begin: A Clarification Of The Federal Courts' Inconsistent Application Of The Federal Catch-All Statute Of Limitations, Robert D. Laurie

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Protecting The Poor: The Dangers Of Altering The Contingency Fee System, Kristin A. Porcu Jan 2000

Protecting The Poor: The Dangers Of Altering The Contingency Fee System, Kristin A. Porcu

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Expert Qualifications: Traps For The Unwary, Paul C. Giannelli Jan 2000

Expert Qualifications: Traps For The Unwary, Paul C. Giannelli

Faculty Publications

No abstract provided.


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

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

Richmond Journal of Law and the Public Interest

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 …


Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky Jan 2000

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

Scholarly Works

No abstract provided.


Therapeutic Jurisprudence In The Appellate Arena—A Louisiana Jurist's Response, Sol Gothard Jan 2000

Therapeutic Jurisprudence In The Appellate Arena—A Louisiana Jurist's Response, Sol Gothard

Seattle University Law Review

Having recognized that there can be both therapeutic and antitherapeutic effects of judicial decisions, I would like to offer this consideration concerning the use of therapeutic jurisprudence in the appellate courts. In his Article, Therapeutic Jurisprudence in the Appellate Arena, David Wexler asks, "Does the ability to issue advisory opinions enhance a court's ability to create 'therapeutic' doctrines?" As a general rule, courts are not allowed to issue advisory opinions and there are strong reasons for such a prohibition.


Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch Jan 2000

Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch

Seattle University Law Review

The integration of preventive law and therapeutic jurisprudence holds promise for enriching the careers of many practicing lawyers. However, the process of becoming more therapeutic in orientation also involves risk. This Article discusses four potential pitfalls: (1) the process of becoming psychologically-minded and its inherent hazards, including overidentification; (2) the difficulty of balancing neutrality and involvement; (3) the need to identify and manage transference and countertransference; and (4) the risk of secondary trauma. Protective strategies, drawn from the psychotherapeutic and burnout literature, are outlined. This Article stresses the need for lawyers to recognize potential hazards and draw on the experience …


Ex Parte Civil Commitment, Family Care-Givers, And Schizophrenia: A Therapeutic Jurisprudence Analysis, Éva Szeli Jan 2000

Ex Parte Civil Commitment, Family Care-Givers, And Schizophrenia: A Therapeutic Jurisprudence Analysis, Éva Szeli

Seattle University Law Review

First, this Article will discuss schizophrenia and its impact on these individuals and their families. Family variables in the course of the disorder will be highlighted. Then, this Article will review the legal power afforded such families by ex parte provisions in civil commitment statutes using the involuntary examination portion of the Florida mental health code as a model. Finally, this Article will assess this system of civil commitment available to care-giving families in therapeutic jurisprudential terms, with recommendations for maximizing the therapeutic consequences and minimizing the antitherapeutic consequences of ex parte procedures.


Nuremberg In America: Litigating The Holocaust In United States Courts, Michael J. Bazyler Jan 2000

Nuremberg In America: Litigating The Holocaust In United States Courts, Michael J. Bazyler

University of Richmond Law Review

The phrase "opening the floodgates of litigation" connotes a pejorative meaning in American legal argument. Most often, it is used by courts as a reason not to allow a certain case to proceed for fear that it would overburden both courts and society with a new class of lawsuits.


Attempting To Ensure Fairness In The Glare Of The Media, Richard D. Friedman Jan 2000

Attempting To Ensure Fairness In The Glare Of The Media, Richard D. Friedman

Book Chapters

All legal systems worthy of credit have a commitment to achieving fairness between the parties to the litigation. In addition, common law legal systems have a longstanding commitment to openness in judicial proceedings. At the same time, and in part for the same reasons, they also have a longstanding commitment to freedom of expression. There is inevitably a tension among these three goals, because in cases of great public interest openness leads to publicity, and publicity may threaten or at least appear to threaten the fairness of a trial. In addition, sometimes publicity may create an intrusion on the lives …


The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise Jan 2000

The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


Table Of Contents, Jtaa Editors Jan 2000

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


An Examination Of Mandatory Retirement Provisions For Police Officers, Eric Andrew Fox Jan 2000

An Examination Of Mandatory Retirement Provisions For Police Officers, Eric Andrew Fox

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Totality Of The Suspicious Circumstances: Airport Drug Courier Profile Use In Massachusetts Since Commonwealth V. Torres, Mark W. Dunderdale Jan 2000

Totality Of The Suspicious Circumstances: Airport Drug Courier Profile Use In Massachusetts Since Commonwealth V. Torres, Mark W. Dunderdale

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Leniency For Testimony: Hypocrisy Or Judicial Necessity, Jason C. Moreau Jan 2000

Leniency For Testimony: Hypocrisy Or Judicial Necessity, Jason C. Moreau

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Communication With Represented Persons: An Analysis Of The Scope Of Rule 4.2 Of The Massachusetts Rules Of Professional Conduct As It Applies To Corporations And Federal Prosecutors, Ashlie L. Ringel Jan 2000

Communication With Represented Persons: An Analysis Of The Scope Of Rule 4.2 Of The Massachusetts Rules Of Professional Conduct As It Applies To Corporations And Federal Prosecutors, Ashlie L. Ringel

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


The Court's Failure To Recognize Deportation As Punishment: A Critical Analysis Of Judicial Deference, Lisa Mendel Jan 2000

The Court's Failure To Recognize Deportation As Punishment: A Critical Analysis Of Judicial Deference, Lisa Mendel

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl W. Tobias Jan 2000

Civil Justice Delay And Empirical Data: A Response To Professor Heise, Carl W. Tobias

Law Faculty Publications

One decade ago, Congress undertook an ambitious, controversial effort to reduce expense and delay in the federal civil justice system. The Civil Justice Reform Act ("CJRA") of 1990 instituted unprecedented nationwide experimentation by requiring that all ninety-four federal district courts scrutinize their civil and criminal dockets and then promulgate and apply numerous procedures which district judges believed would save cost and time in civil litigation. Congress also prescribed rigorous assessment of the six principles, guidelines, and techniques of litigation management and expense and delay reduction that federal districts in fact adopted and enforced. Lawmakers provided for an expert, independent evaluator …


What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla Jan 2000

What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla

University of Richmond Law Review

In this Allen Chair Symposium issue of the University of Richmond Law Review, three outstanding scholars have written provocative pieces on the First Amendment. Professor John Nowak engages in an exercise of constitutional futurism, "'remembering the future" to propose a number of relatively radical alterations of First Amendment doctrine to achieve what he argues should be the appropriate balance between freedom of speech and fair trials in "cyber world." Professor Paul Carrington, arguing that a communitarian right of citizens to self-government is the principal that ought to animate our politics and law, has launched a broadside indictment against contemporary First …


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.


Coattail Class Actions: Reflections On Microsoft, Tobacco, And The Mixing Of Public And Private Lawyering In Mass Litigation , Howard M. Erichson Jan 2000

Coattail Class Actions: Reflections On Microsoft, Tobacco, And The Mixing Of Public And Private Lawyering In Mass Litigation , Howard M. Erichson

Faculty Scholarship

Ask anyone who follows legal news to name the two biggest litigation news stories in the United States at the start of the twenty-first century, and they will answer without blinking: Microsoft and tobacco. The Microsoft litigation, they will tell you, claims a place in the pantheon of antitrust landmarks that includes Standard Oil, Alcoa, and AT&T. The tobacco litigation is the most massive in a string of mass torts including asbestos, Dalkon Shield, and breast implants; it is arguably the most important public health matter ever litigated. Microsoft and tobacco each fit so well and so interestingly in their …


Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz Jan 2000

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

No abstract provided.


Trial Participants In The Newsgathering Process, C. Thomas Dienes Jan 2000

Trial Participants In The Newsgathering Process, C. Thomas Dienes

University of Richmond Law Review

The 1990s produced a number of sensational criminal and civil trials. The media and public avidly followed the murder trials of O.J. Simpson and the Menendez brothers, the Oklahoma City bombing trials of Timothy McVeigh and Terry Nichols, and the trial of those charged in the World Trade Center bombing. Civil trials involving products liability, medical malpractice, environmental pollution; the civil trial of O.J. Simpson; Paula Jones's sexual harassment action against President Clinton; and the notorious antitrust case against Microsoft similarly captured the public's attention. Also, as might be expected, trial judges and the legal system generally grappled with questions …


When Winning Isn’T Everything: The Lawyer As Problem Solver, Carrie Menkel-Meadow Jan 2000

When Winning Isn’T Everything: The Lawyer As Problem Solver, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Today I want to address the question of what the modern lawyer needs to know and what the modern lawyer must know how to do to be good at what he or she does, to be helpful to clients, to lead a fulfilling life, and hopefully, to leave the world a better place than he or she first found it. I went to law school to work on that illusive jurisprudential concept - justice. On the outside walls of the Edward Bennett Williams Library where I work in Washington, DC, is a quote, which we attribute to a former Georgetown …


Litigators’ Ethics, Michael E. Tigar Jan 2000

Litigators’ Ethics, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos Jan 2000

Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos

Faculty Scholarship

In recent years, increasing attention has been directed to the problem of adequate representation for indigent criminal defendants. While overwhelming caseloads and inadequate funding plague indigent defense systems of all types, there is a growing consensus in the legal community that low-bid contract systems-under which the state or locality's indigent defense work is assigned to the attorney willing to accept the lowest fee-pose particularly serious obstacles to effective representation. In this Note, Margaret Lemos argues that the problems typical of indigent defense programs in general-and low-bid contract systems in particular-can and should be addressed through § 1983 civil actions alleging …