Litigation Commons^™

Aronson And Its Progeny: Limiting Derivative Actions Through Demand Requirements, 19 J. Marshall L. Rev. 571 (1986), Andrew Emerson

UIC Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1985

West Virginia Law Review

No abstract provided.

To Be Or Not To Be: Reflections On Changing Our Tort System, Jerry J. Phillips

Maryland Law Review

No abstract provided.

Zeroing In On The Real Litigation Crisis: Irrational Justice, Needless Delays, Excessive Costs, Benjamin R. Civiletti

Maryland Law Review

No abstract provided.

Can You Care For People And Still Count The Costs?, Dan B. Dobbs

Maryland Law Review

No abstract provided.

If There Be A Crisis, How Shall We Know It? , Michael J. Saks

Maryland Law Review

No abstract provided.

The Litigation Explosion: The Wrong Question , Robert J. Samuelson

Maryland Law Review

No abstract provided.

Bite Mark Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

A Comment On The Supposed Paradoxes Of A Mathematical Interpretation Of The Logic Of Trials, Dale A. Nance

Faculty Publications

This symposium has renewed discussion of the apparent paradox of at- tempting to apply mathematical probabilities to the logic of trials. Brought to academic attention by the stimulating work of L. Jonathan Cohen,' the debate reflects a more general controversy over the virtues of quantifying legal decisionmaking. In this brief comment I do not intend to take sides either in this debate or in the more general controversy. I want only to draw attention to a weakness in the legal interpretations which underlie much of the debate.

Proposals To Amend Rule 68- Time To Abandon Ship, Stephen B. Burbank

University of Michigan Journal of Law Reform

It is no surprise that, having included "facilitating the settlement of the case" as one of the objectives of pretrial conferences in the 1983 amendments to Rule 16 of the Federal Rules of Civil Procedure, the Advisory Committee has turned its attention to Rule 68. The Rule was intended to provide an incentive to settle by requiring that a prevailing claimant who has declined a more favorable offer of judgment pay post-offer "costs." But, in the Advisory Committee's view, Rule 68 has proved ineffective. The concern, apparently, is not that too few civil cases filed in federal court are settled-less …

A Policy Analysis Of Fee-Shifting Rules Under The Internal Revenue Code, Gary Myers, Richard L. Schmalbeck

Faculty Publications

Until recently, the costs of litigating federal tax cases were borne exclusively by the parties who incurred them, regardless of whether the government or the taxpayer prevailed in the litigation. This practice reflects the application to tax disputes of the ‘American rule’ against fee shifting. Although the American rule continues to be predominant in the tax area, it has been modified in important respects. An explicit fee-reimbursement rule, benefiting prevailing taxpayers in cases in which the government is found to have acted unreasonably, was added to the Internal Revenue Code (IRC) by the Tax Equity and Fiscal Responsibility Act of …

Litigating A Novel Course And Scope Of Employment Issue: Ina Of Texas V. Bryant, J. Thomas Sullivan

Law Faculty Scholarship

No abstract provided.

Images Of The Woman Juror, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

Civil Practice: Comparative Negligence, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

Recent decisional law by the Court of Appeals has placed new limits on the applicability of article 14-A to some assumption of risk cases, to matters involving some labor law violations, and to violations of legal prohibitions. These limitations are important to the practitioner representing clients who seek to benefit from New York's comparative negligence statute.

Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley

Scholarly Works

Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests that …

The Day After The Litigation Explosion , Marc Galanter

Maryland Law Review

No abstract provided.

Jury Instructions: A Bibliography. Part I: Civil Jury Instructions, Cheryl R. Nyberg, Carol Boast

Librarians' Articles

Pattern jury instructions are used by trial judges to explain the law to jurors in language that they can understand and that provide consistency from one trial to another. This bibliography contains references to 156 recent and dated compilations of civil jury instructions. An index to acronyms for civil jury instructions is included.

Jury Instructions: A Bibliography. Part Ii: Criminal Jury Instructions, Cheryl R. Nyberg, Jane Williams, Carol Boast

Librarians' Articles

Pattern jury instructions are used by trial judges to explain the law to jurors in language that they can understand and that provide consistency from one trial to another. This criminal jury instructions bibliography of 169 entries is a companion to a previous bibliography on civil jury instructions. An index to acronyms for both criminal and civil jury instructions is also included.

The Development Of Professional Judgment In Law School Litigation Courses: The Concepts Of Trial Theory And Theme, Edward J. Imwinkelried

Vanderbilt Law Review

I was delighted when the Vanderbilt Law Review asked me to submit a short essay on trial advocacy. This Essay allows me to discuss two concepts, the trial theory and theme, that should be highlighted in every law school litigation course. Several years ago I wrote a text on commercial litigation for practitioners. That text proposed definitions for the concepts of "theory" and "theme"and suggested that trial attorneys organize their pretrial preparation and trial presentation in terms of those concepts. Since the publication of the text, I have attempted to refine the concepts and to use the concepts to restructure …

Substantive Policies And Choice Of Law, Willis L. M. Reese

Touro Law Review

No abstract provided.

New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember

Touro Law Review

No abstract provided.

Book Review: The Goldmark Case By William L. Dwyer, John N. Rupp

Seattle University Law Review

The book is about a libel case tried to a jury in the Superior Court for Okanogan County, Washington. You will not find it in the law reports, for it was not appealed. It ended twenty-one years ago, so it is an old case. Yet in the author's mind it is as fresh as the dawn breeze; and, as the wine people say, it has cellared well. The author is a good man and good lawyer who was lead counsel for the plaintiff. He takes us through the background facts and through the fascinating detail of the many tough decisions …

Commercial Litigation In West Virginia State And Federal Courts, 1870-1940, Frank W. Munger

Articles & Chapters

No abstract provided.

Developing Standards Under Amended Rule 11 Of The Federal Rules Of Civil Procedure, Edward D. Cavanagh

Faculty Publications

(Excerpt)

Rule 11 of the Federal Rules of Civil Procedure is designed to ensure the integrity of pleadings and other papers filed in federal district court. The rule was amended in 1983 in response to the widely held perception that its provisions, as originally promulgated, had proven ineffective in deterring strike suits, litigation abuses, and lawsuits used as instruments of delay and oppression. Amended Rule 11 introduces more stringent standards designed to make attorneys stop and think about their legal obligations before signing pleadings and motions. These obligations are reinforced by imposing mandatory sanctions upon violation of the standards. The …

Closing Argument Procedure, J. Alexander Tanford

Articles by Maurer Faculty

Legal scholars have paid little attention to closing arguments. There are few publications that touch on this phase of the trial process, most focusing on the substance of prosecution arguments in criminal cases. As a result, too few of the legal principles and doctrines of closing argument procedure are understood, especially in civil trials. The purpose of this article is to set out a more comprehensive picture of this body of law than has been done previously, and to define and analyze its major doctrines.

Government Nonacquiescence Case In Point: Social Security Litigation

Touro Law Review

No abstract provided.

The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig

Touro Law Review

No abstract provided.

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley

Touro Law Review

No abstract provided.

Terry White: A Two-Front Negotiation Exercise, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

In the 1980s, teaching the theory and art of negotiation has become more important than ever in the curricula of law schools. As the cost of full-scale litigation has risen, the pressure on litigants to settle short of trial has increased, and the development of alternative dispute resolution mechanisms has become a priority of the bar. The literature on negotiation has multiplied, and law school texts have been published to support an increasing number of courses in negotiation.

After a brief overview of the Terry White problem, this article becomes an instructor's manual. It offers suggestions for those desiring to …