Litigation Commons^™

In Defense Of Oral Argument, Stanley Mosk

The Journal of Appellate Practice and Process

Stanley Mosk presents a case against the trend of appellate courts granting oral argument less frequently.

Prosecutorial Misconduct In Closing Argument: The Role Of Intent In Appellate Review, Paul J. Spiegelman

The Journal of Appellate Practice and Process

This article is the first of two articles that discuss the concern of prosecutorial misconduct. This article focuses improper prosecutorial argument in the 1990s. The article examines a California Supreme Court reversal of a murder conviction and death sentence due to misconduct during the prosecutor’s closing argument. The article then discusses forty-five federal appellate court opinions addressing the issue of prosecutorial misconduct.

Jury Reform At The End Of The Century: Real Agreement, Real Changes, Phoebe C. Ellsworth

Articles

Complaints about the jury system and calls for its reform are nothing new-they have probably existed as long as the jury system itself. Warren Burger called for the reform of the civil jury in 1971'; in 1905 William Howard Taft decried the contemporary tendency "to exalt the jury's power beyond anything which is wise or prudent .... ,2 Judges complain to judges, lawyers complain to lawyers, legal academics write articles about the jury for other legal academics, social scientists report their research on juries to other social scientists, and the jurors themselves go home and express their exasperation to their …

State Immunity Waivers For Suits By The United States, Evan H. Caminker

Articles

The Supreme Court closed this millennium with a virtual celebration of state sovereignty, protecting state authority from the reach of congressional power in several significant ways. In a pair of cases, Seminole Tribe v. Florida1 and Alden v. Maine,2 the Court held that states enjoy a constitutional immunity from being sued without their consent. In Seminole Tribe, the Court opined that "the background principle of state sovereign immunity embodied in the Eleventh Amendment"3 protects states from unconsented suits in federal court. In Alden, the Court held that this principle is not merely embodied in the Eleventh Amendment but rather is …

Sticks And Stones, Phoebe C. Ellsworth

Articles

I believe that research should be refuted by research. More and more of our scarce journal space is being taken up by attacks, rebuttals, and rebuttals to the rebuttals, often ending with a whimper of recognition that the adversaries were not so very far apart to begin with, and that the only way (if possible) to resolve the disagreement is through empirical research. Communication of scientific disagreement does not require a published article. Grant proposals and manuscripts submitted to refereed journals like this one are sent out to reviewers, who provide written evaluations that are communicated to the author. Papers …

Markets As Monitors: A Proposal To Replace Class Actions With Exchanges As Securities Fraud Enforcers, Adam C. Pritchard

Articles

Fraud in the securities markets has been a focus of legislative reform in recent years. Corporations-especially those in the high-technology industry-have complained that they are being unfairly targeted by plaintiffs' lawyers in class action securities fraud lawsuits. The corporations' complaints led to the Private Securities Litigation Reform Act of 1995 ("Reform Act"). The Reform Act attempted to reduce meritless litigation against corporate issuers by erecting a series of procedural barriers to the filing of securities class actions. Plaintiffs' attorneys warned that the Reform Act and the resulting decrease in securities class actions would leave corporate fraud unchecked and deprive defrauded …

Panel Discussion Of The Excuse Factory, Stewart J. Schwab

Cornell Law Faculty Publications

The Predictability Of Punitive Damages Awards In Published Opinions, The Impact Of Bmw V. Gore On Punitive Damages Awards, And Forecasting Which Punitive Awards Will Be Reduced, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

This article assesses the relation between compensatory damages and punitive damages in cases leading to published opinions and BMW v. Gore's impact on the patterns of punitive damages awards in these opinions. We find that punitive damages awards are considerably higher in cases leading to published opinions than in trial level cases. But the correlation between compensatory and punitive awards found in trial level data persists in published opinions and is all but indistinguishable from the correlation in trial level data. We find no significant difference in the pattern of awards before and after BMW and no significant difference …

The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The View Of Trial Participants, Judges, And Jurors, Valerie P. Hans, Paula Hannaford-Agor, G. Thomas Munsterman

Cornell Law Faculty Publications

In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines the theoretical, legal, and policy issues raised by this reform and presents the early results of a field experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of juror discussions. The data revealed that the majority of judges …

Evidence: 1997-1998 Survey Of New York Law, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

Moot Court Board, 1999-2000, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

Buckley V. Valeo: A Landmark Of Political Freedom, Joel Gora

Faculty Scholarship

No abstract provided.

Front Matter, 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, Sean M. O'Brien

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Employment Contracts After O'Brien V. New England Telephone & Telegraph Co.: An Open Door For Failure-To-Promote Claims, David A. A. Brown, Margaret H. Paget

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Unreasonable Interpretation Of Reasonable Particularity In Federal Rule Of Civil Procedure 30(B)(6), David C. Fietze

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Equitable Division Of Separate Property In Massachusetts: A Broad Grant Of Discretion To Judges Or No Discretion At All, Toby M. Jesson

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Resolving Medical Malpractice Disputes In Massachusetts: Statutory And Judicial Initiatives In Alternative Dispute Resolution, Kelly K. Meadows

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Extending The Attorney-Client Privilege: Do Internet E-Mail Communications Warrant A Reasonable Expectation Of Privacy, Sean M. O'Brien

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Mcs Controversy: Admissibility Of Expert Testimony Regarding Multiple Chemical Sensitivity Syndrome Under The Daubert Regime, Amy B. Spagnole

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Family And Medical Leave Act Of 1993: Proving Or Defending A Claimed Violation, Richard S. Stevens

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Fifth Amendment Miranda Waiver And Fourteenth Amendment Voluntariness Doctrine In Cases Of Mentally Retarded And Mentally Ill Criminal Defendants, Alisia St. Florian

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Commonwealth V. Woodward, A Failure Of Justice Averted, Daniel P. Barry

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Sex Offender Registry: Is It Attacking People That Were Not Meant To Be A Part Of The Law, Nicole Marie Nigrelli

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Are You My Mother: The Legal Obstacles Of Assisted Reproductive Technology, Rena Deutscher

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Supreme Court Section 1983 Developments: October 1998 Term, Martin A. Schwartz

Scholarly Works

No abstract provided.

Deposed Parties: Who Has A Right To Access Depositions In Civil Cases?, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

The Intersection Of Peremptory Challenges, Challenges For Cause, And Harmless Error, William G. Childs

Faculty Scholarship

The Author provides a history and overview of peremptory challenges and their relationship with challenges for cause. Part I of the Article outlines the various types of state statutes and state case law related to the mandatory or permissive use of peremptory challenges to correct perceived error in deciding challenges for cause.

Part II includes a discussion of the current law of error analysis in the federal courts and recent trends in that area of law. Part III consists of a review of the Supreme Court case law involving error analysis and peremptory challenges. This Part examines the specific situation, …

Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.