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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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

Section 1983 Litigation, Honorable George C. Pratt, Martin A. Schwartz

Touro Law Review

No abstract provided.


Industrial Espionage As Unfair Competition, Robert L. Tucker Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Masthead, Jtaa Editors Jan 1998

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.


Bifurcation - A New Era In Patent Litigation, Brian D. Lefort Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Dec 1997

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 …