Litigation Commons^™

Effective Settlement Advocacy, Oregon Law Institute, Susan J. Smith, Beth A. Pardo, Joshua Kadish, Linda Sherman, Jeff Abrams, Samuel J. Imperati

Oregon Law Institute, 1995

Course Materials from the June 15, 1995 Program in Portland

Managing Reclamation Facilities For Ecosystem Benefits, Lawrence J. Macdonnell

Sustainable Use of the West's Water (Summer Conference, June 12-14)

26 pages.

Contains references.

The Debate: Are Water Rights And Sustainable Water Use Compatible?, Stuart L. Somach

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Contains footnotes and references.

Conservation At The Zuni Pueblo: Lessons In Sustainability, James E. Enote

Sustainable Use of the West's Water (Summer Conference, June 12-14)

7 pages.

Contains references.

Regional Water Planning In New Mexico: An Opportunity For Citizen Involvement In State Government, Lucy Moore

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Contains references.

Washington State Initiatives For Sustainable Water Use, Kenneth O. Slattery

Sustainable Use of the West's Water (Summer Conference, June 12-14)

8 pages.

A Meeting Of Opposites—Is Sustainable Use Of The Columbia River Possible?, John M. Volkman

Sustainable Use of the West's Water (Summer Conference, June 12-14)

47 pages.

Contains footnotes.

Sustainable Use Of The Denver Basin, Charles B. White

Sustainable Use of the West's Water (Summer Conference, June 12-14)

20 pages.

Contains footnotes.

A Response To Kansas V. Colorado: Sustainable Use Of The Arkansas River, David L. Harrison

Sustainable Use of the West's Water (Summer Conference, June 12-14)

17 pages (includes 1 folded map).

Arizona Water Management: New Problems And New Solutions, Herb Dishlip

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Sustainable Use Of Natural Resources: A Native American Perspective, Ted Strong

Sustainable Use of the West's Water (Summer Conference, June 12-14)

27 pages.

Contains footnotes.

Politics, Engineering And Aridity—Sustainable Use Of Water In Arizona, Michael J. Brophy

Sustainable Use of the West's Water (Summer Conference, June 12-14)

26 pages (includes illustrations).

Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center

Sustainable Use of the West's Water (Summer Conference, June 12-14)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Teresa A. Rice, Elizabeth A. Rieke and Charles F. Wilkinson.

Sustainable development is on the policy agenda for the '90s. What does sustainability mean? Is it a realistic concept? Are water rights compatible with sustainable use? The Center's 16th annual summer conference will explore the meaning of sustainability in the context of the West's demands, development, and natural values. Presentations by leading experts will address the broad concept of sustainable development, with a particular look at Arizona's experience. The focus will be …

The Federal Rules Of Evidence--Past, Present, And Future: A Twenty-Year Perspective, Faust Rossi

Cornell Law Faculty Publications

This Essay surveys three major transformations in state and federal rules of evidence since the introduction of the Federal Rules of Evidence. The Rules have not only inspired a movement toward codification in the states, they have also liberalized the admission of expert testimony and hearsay. This partially explains thirteen states' reluctance to codify. Judges have furthered this trend by admitting far more discretionary hearsay evidence than Congress intended. Professor Rossi doubts this expansion of the hearsay exceptions would have occurred without the adoption of the FRE and suggests that the newly formed Advisory Committee will produce greater substantive changes …

Politics And The Judiciary: The Influence Of Judicial Background On Case Outcomes, Orley Ashenfelter, Theodore Eisenberg, Stewart J. Schwab

Cornell Law Faculty Publications

It is widely believed that the background and worldview of judges influence their decisions. This article uses the fact that judges are assigned their cases randomly to assess the effect of judicial background on the outcome of cases from the day-to-day docket in three federal trial courts. Unlike the political science findings of ideological influence in published opinions, we find little evidence that judges differ in their decisions with respect to the mass of case outcomes. Characteristics of the judges or the political party of the judge's appointing president are not significant predictors of judicial decisions.

Optimal Issue Separation In Modern Products Liability Litigation, James A. Henderson Jr., Fred Bertram, Michael J. Toke

Cornell Law Faculty Publications

No abstract provided.

Settlement Class Actions And The Limits Of Adjudication, James A. Henderson Jr.

Cornell Law Faculty Publications

This paper is the Comment for a symposium on Individualized Justice, Mass Torts, and "Settlement Class Actions."

Mass Torts And The Rhetoric Of Crisis, John A. Siliciano

Cornell Law Faculty Publications

No abstract provided.

School Finance Adequacy As Vertical Equity, Julie K. Underwood

University of Michigan Journal of Law Reform

In this Article, Dean Underwood explains that school finance cases can be divided into three waves of reform. The first wave involved efforts to use the Federal Equal Protection Clause to overturn financing systems. Litigants in the second wave turned to state equal protection and due process clauses. Finally, the third wave involved the utilization of education clauses in state constitutions as the predominant litigation vehicle. These three waves embody two primary approaches to school finance litigation. The first approach involves a challenge to the adequacy of a state's funding system under either the state or federal equal protection clause, …

Establishing Education Program Inadequacy: The Alabama Example, Martha I. Morgan, Adam S. Cohen, Helen Hershkoff

University of Michigan Journal of Law Reform

The authors draw on their experience as attorneys for a statewide class of plaintiff school children in the liability phase of ongoing public education reform litigation in Alabama to demonstrate the availability of state and nationally recognized standards concerning educational resources (inputs) and results (outputs) that can serve as evidentiary tools for assessing and for establishing a state public education system's failure to satisfy constitutional mandates of educational adequacy. The Article discusses the usefulness and limitations of using such standards as a starting point in a court's constitutional analysis. It suggests an integrated approach that links input and output standards …

Achieving Equity And Excellence In Kentucky Education, C. Scott Trimble, Andrew C. Forsaith

University of Michigan Journal of Law Reform

In this Article, Trimble and Forsaith discuss the landmark Kentucky school finance case, Rose v. Council for Better Education, 790 S.W.2d 186 (Ky. 1989), and the school reform efforts it spawned. In Council for Better Education, the Kentucky Supreme Court held that the state had failed its duty under the state constitution to provide all students with an adequate education, which it defined in terms of seven categories of knowledge and skills students should acquire. The State General Assembly responded with the Kentucky Education Reform Act (KERA), which significantly boosted state funding as well as established an ambitious accountability system …

Oklahoma School Finance Litigation: Shifting From Equity To Adequacy, Mark S. Grossman

University of Michigan Journal of Law Reform

This Article traces the history of Oklahoma school finance litigation from the initial challenge based on funding inequity to a recent lawsuit founded on alleged constitutional inadequacies in the state system. Although the legal challenge based on funding inequity was unsuccessful in the courts, the pendency of the suit helped push the state legislature toward some reforms. The threat of a new lawsuit based on alleged inadequacies in the state school system, together with a serious funding shortfall, propelled a comprehensive education reform plan through the state legislature in 1990. The association of local school boards that led the equity …

Poverty Lawyering In The Golden Age, Matthew Diller

Michigan Law Review

A Review of Brutal Need: Lawyers and the Welfare Rights Movement, 1960-1973 by Martha F. Davis

Techniques And Tactics In Personal Injury Trials, Oregon Law Institute, Jodie Anne Bushman, Jeffrey S. Mutnick, Frank A. Moscato, Stephen F, English, Bruce R. Powell, Robert D. Dames Jr., Diana I. Stuart, Gerald C. Doblie, Craig C. Murphy, Judy D. Snyder

Oregon Law Institute, 1995

Course Materials from the April 14, 1995 Program in Portland

Babe Ruth As Legal Hero, Robert M. Jarvis

Florida State University Law Review

No abstract provided.

"Show And Tell": An Analysis Of The Scope Of The Attorney-Client Waiver Standards, Roberta M. Harding

Law Faculty Scholarly Articles

As today's society becomes increasingly litigious, document productions, a major discovery tool, are growing larger. One inevitable consequence of this phenomenon is the increased risk that communications protected by the attorney-client privilege may be inadvertently disclosed. Privileged communications may also be disclosed to an adversary under more questionable circumstances: specifically, the intentional, strategic disclosure of privileged information favorable to the disclosing party's position.

In any case involving the disclosure of privileged information, the court must initially decide whether the privilege is waived. To resolve this threshold issue courts apply one of the three waiver tests. If a court decides that …

The Schizophrenia Of Risk-Benefit Analysis In Design Defect Litigation, Michael D. Green

Vanderbilt Law Review

To employ a well-worn, but nevertheless appropriate cliche, it is a genuine honor to participate in the Vanderbilt Law Review's memorial to Dean John Wade. Wade stands tall as a leading figure of legal academe in the twentieth century. While I have profited from many illuminating hours with his scholarship, I regret that my association with him personally was limited to one lengthy luncheon meeting, still vivid, despite the passage of many years. I still recall his kindliness and gentility, his dry, but very real sense of humor, his humility and vigilance in avoiding taking himself too seriously, his thoughtfulness …

Ex Post ≠ Ex Ante: Determining Liability In Hindsight, Kim A. Kamin, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Participants in three conditions (foresight, hindsight, and a modified hindsight condition designed to ameliorate the hindsight effect) assessed whether a municipality should take, or have taken, precautions to protect a riparian property owner from flood damage. In the foresight condition, participants reviewed evidence in the context of an administrative hearing. Hindsight participants reviewed parallel materials in the context of a trial. Three quarters of the participants in foresight concluded that a flood was too unlikely to justify further precautions—a decision that a majority of the participants in hindsight found to be negligent. Participants in hindsight also gave higher estimates for …

Transfer And Choice Of Federal Law: The Appellate Model, Robert A. Ragazzo

Michigan Law Review

In light of recent developments, a reexamination of the position that transferee federal law applies regardless of the context is in order. This article argues that the consensus that existed prior to the Marcus article and the Korean Air Lines case, although not based upon the most thorough analysis, comprises the better view: transferee federal law should apply after permanent but not MDL transfers.

What I Tell You Three Times Is True: U.S. Courts And Pre-Award Interim Measures Under The New York Convention, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.