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Articles 5041 - 5070 of 6932
Full-Text Articles in Litigation
How Confidential Is This Conversation Anyway: Discoverability Of Exculpatory Materials In Sexual Assault Litigation, Adrienne Kotowski
How Confidential Is This Conversation Anyway: Discoverability Of Exculpatory Materials In Sexual Assault Litigation, Adrienne Kotowski
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Personal Jurisdiction And The Internet, Michael Macclary
Personal Jurisdiction And The Internet, Michael Macclary
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Ambiguity Surrounding Individual Sexual Harassment Liability On The Federal And State Level In Massachusetts, Patrick J. Mcgrath
Ambiguity Surrounding Individual Sexual Harassment Liability On The Federal And State Level In Massachusetts, Patrick J. Mcgrath
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Impact Of Lohr V. Medtronic On The First Circuit's Application Of The Medical Device Amendments, Jennifer Salvatore O'Connor
The Impact Of Lohr V. Medtronic On The First Circuit's Application Of The Medical Device Amendments, Jennifer Salvatore O'Connor
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Section 1983 Litigation, Honorable George C. Pratt, Martin A. Schwartz
Section 1983 Litigation, Honorable George C. Pratt, Martin A. Schwartz
Touro Law Review
No abstract provided.
Industrial Espionage As Unfair Competition, Robert L. Tucker
Industrial Espionage As Unfair Competition, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
Punitive Awards After Bmw, A New Capping System, And The Reported Opinion Bias, Theodore Eisenberg, Martin T. Wells
Punitive Awards After Bmw, A New Capping System, And The Reported Opinion Bias, Theodore Eisenberg, Martin T. Wells
Cornell Law Faculty Publications
Capping punitive damages awards is a centerpiece of the tort reform movement. According to the American Tort Reform Association, as of June 30, 1996, forty-three states allowed punitive damages awards. Of these, twenty-nine states impose no caps on punitive damages and fourteen impose some form of cap. In states that cap punitive awards, the preferred method is to employ a simple multiple of the compensatory award. Eleven states rely on a multiple of the compensatory damages award. The most popular multiple is three times the compensatory award, but this is used by only five states. The capping multiples range from …
The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch
The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Fraud And Federalism: Preempting Private State Securities Fraud Causes Of Action, Michael A. Perino
Fraud And Federalism: Preempting Private State Securities Fraud Causes Of Action, Michael A. Perino
Faculty Publications
The passage of the Private Securities Litigation Reform Act of 1995 has engendered a significant forum shift in class action securities fraud litigation, from federal to state court. This unintended by-product of the Act has reignited debate over our dual federal-state system of securities regulation and in turn has inspired a discussion as to whether Congress should now preempt state securities fraud causes of action. This article argues that preemption is an appropriate, but not the only, solution to these concerns. To support this argument, this article first traces the history of dual state-federal securities regulation within the context of …
Table Of Contents, Jtaa Editors
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Masthead, Jtaa Editors
Masthead, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Bifurcation - A New Era In Patent Litigation, Brian D. Lefort
Bifurcation - A New Era In Patent Litigation, Brian D. Lefort
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The After-Acquired Evidence Doctrine: An Additional Hurdle For The Victim Of Employment Discrimination, Karen F. Mahoney
The After-Acquired Evidence Doctrine: An Additional Hurdle For The Victim Of Employment Discrimination, Karen F. Mahoney
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Juvenile Justice: Rehabilitating The System After The Introduction Of Mandatory Minimum Sentences, Heidi Treiber
Juvenile Justice: Rehabilitating The System After The Introduction Of Mandatory Minimum Sentences, Heidi Treiber
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Attorney Liability In The Wake Of Williams V. Ely, Paul Toner
Attorney Liability In The Wake Of Williams V. Ely, Paul Toner
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Naked Politics, Federal Courts Law, And The Canon Of Acceptable Arguments, Michael Wells
Naked Politics, Federal Courts Law, And The Canon Of Acceptable Arguments, Michael Wells
Scholarly Works
In this Article, I argue that there is a wide gap between the aspirations and the actual operation of Federal Courts law. I maintain that, despite the conversational rule forbidding it, raw substance in fact wields significant influence in the resolution of Federal Courts issues. For example, the familiar argument that federal courts should be favored because they are more "sympathetic" to federal claims is really an appeal to naked politics. The empirical premise of this and other arguments of naked politics is that there are structural differences between federal and state courts which affect the outcomes of close cases, …
Section 98 And The Specialized Practice Of Civil Rights Law, James A. Gardner
Section 98 And The Specialized Practice Of Civil Rights Law, James A. Gardner
Journal Articles
No abstract provided.
Taking The Mass Out Of Mass Torts: Reflections Of A Dalkon Shield Arbitrator On Alternative Dispute Resolution, Judging, Neutrality, Gender, And Process, Carrie Menkel-Meadow
Taking The Mass Out Of Mass Torts: Reflections Of A Dalkon Shield Arbitrator On Alternative Dispute Resolution, Judging, Neutrality, Gender, And Process, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
Life in the modem and post-modem world has changed our understanding of many traditional legal matters. Although many died from plagues, wars, and some shipping and agricultural accidents in the years which preceded the Industrial Revolution and modem breakthroughs in medicine, the twentieth century has given rise to "group" injury and death -it unprecedented levels, all as we march toward growth, progress, and greater goods for greater numbers. Mass progress has resulted in mass injury, which in turn has transformed individualized justice into mass justice. Whether structured as large class actions or as thousands of individual cases dealing with the …
Mass Tort Litigation And Inquisitorial Justice, Howard M. Erichson
Mass Tort Litigation And Inquisitorial Justice, Howard M. Erichson
Faculty Scholarship
In the past decade, settlement class actions have become increasingly popular in mass tort litigation, having been used successfully in cases such as the Dalkon Shield litigation, the Bjork-Shiley heart valve litigation, and the orthopedic bone screw litigation. Although the Supreme Court's opinion in Amchem has engendered some confusion over the continued viability of mass tort settlement class actions, it appears that such settlements remain a dominant approach to resolving mass tort lawsuits. With increasing frequency, plaintiffs and defendants come to court holding hands, and courts must launch their own vigorous inquiries into the merits of the parties' proffered settlement. …
Section 1983 Litigation, Martin A. Schwartz, Honorable George C. Pratt
Section 1983 Litigation, Martin A. Schwartz, Honorable George C. Pratt
Touro Law Review
No abstract provided.
Section 1983 Litigation, Martin A. Schwartz, George C. Pratt
Section 1983 Litigation, Martin A. Schwartz, George C. Pratt
Scholarly Works
No abstract provided.
Claims For Damages For Violations Of State Constitutional Rights – Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz
Claims For Damages For Violations Of State Constitutional Rights – Analysis Of The Recent Court Of Appeals Decision In Brown V. New York; The Resolved And Unresolved Issues, Martin A. Schwartz
Scholarly Works
No abstract provided.
Class Action Litigation In China, Benjamin L. Liebman
Class Action Litigation In China, Benjamin L. Liebman
Faculty Scholarship
Class struggle has moved to China's courtrooms. Since the passage of China's 1991 Civil Procedure Law (CPL), which explicitly permits class action litigation, multiplaintiff groups have brought suits seeking compensation for harm caused by pollution, false advertising, contract violations, and securities law violations. Although administrative bodies continue to resolve most disputes in China, the increasing prevalence of class actions is one aspect of an explosion in civil litigation over the past decade. Class action litigation has the potential to alter the role courts play in adjudicating disputes, increase access to the courts, and facilitate the independence of the legal profession. …
Publicity In High Profile Criminal Cases, H. Patrick Furman
Publicity In High Profile Criminal Cases, H. Patrick Furman
Publications
No abstract provided.
A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang
A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang
Publications
Given the importance of private enforcement of federal civil rights laws, Congress and the courts have attempted to encourage plaintiffs' attorneys to accept meritorious civil rights cases through fee shifting and risk multipliers. Recently, however, the Supreme Court has essentially prohibited the use of risk multipliers, thus undercompensating attorneys for the risk of losing civil rights actions and discouraging the filing of such cases. In this Article, Professor Huang develops a new options-based theory of calculating attorney's fees. Professor Huang argues that a lawsuit consists of a sequence of options to continue with the case rather than a once-and-for-all irreversible …
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Brandeis, Progressivism, And Commercial Law: Rethinking Benedict V. Ratner, Edward J. Janger
Faculty Scholarship
No abstract provided.
New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra
New Criticisms Of The Libel-Proof Plaintiff Doctrine , Wayne M. Serra
Cleveland State Law Review
This paper will explore the libel-proof plaintiff doctrine and examine it in light of traditional standing and jurisdictional principles. Part II of this paper discusses the origin of the libel-proof doctrine and its application. Part III explores the general requirements for diversity actions in the federal district courts, the application of state law to those actions, and the impact of the First Amendment on state libel law. Part IV discusses standing to sue principles and analyzes the libel-proof plaintiff doctrine in light of those principles. Part V discusses some criticisms of the libel-proof plaintiff doctrine. Finally, Part VI concludes that …
Will The Real Legislature Please Stand Up - A Response To Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Margaret M. Koesel, David A. Bell, Tracey L. Turnbull
Will The Real Legislature Please Stand Up - A Response To Kulch V. Structural Fibers, Inc.: Clarifying The Public Policy Exception , Margaret M. Koesel, David A. Bell, Tracey L. Turnbull
Cleveland State Law Review
This Article briefly traces the history of the employment-at-will doctrine from its origins in the English common law through the present. It also examines the exceptions to this doctrine that have arisen during the twentieth century and, in particular, the "public policy" exception. Next, the Article analyzes how Ohio courts have narrowed the at-will doctrine since 1990. The Article then examines the Kulch decision and responds to a recent article that favorably analyzes Kulch. Finally, the Article concludes that this case is improperly decided because it usurps the right of the legislature to establish public policy in statutes and because …
Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio
Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio
Faculty Publications By Year
No abstract provided.
Property Rights, Reliance, And Retroactivity Under The Communications Act Of 1934, William L. Fishman
Property Rights, Reliance, And Retroactivity Under The Communications Act Of 1934, William L. Fishman
Federal Communications Law Journal
Although the FCC and courts have concluded that licensees have certain property interests in their licenses, they do not acquire any ownership interests even when, via a spectrum auction, they pay for their licenses. What narrow property interests licensees maintain are limited, and the FCC has broad power to modify existing licenses if doing so is in the public interest. License owners have sought to limit or defeat otherwise lawful FCC actions to alter their licenses by asserting a reliance interest on prior agency action or policy. Licensees may find comfort in the fact that some courts have acknowledged these …