Litigation Commons^™

Statistics In Litigation: A Selective Bibliography, Michael G. Chiorazzi

Articles

No abstract provided.

Staying Litigation Pending Reexamination Of Patents, Robert W. Fieseler

Loyola University Chicago Law Journal

No abstract provided.

Review Of The New Deal Lawyers, By Peter H. Irons, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article reviews The New Deal Lawyers by Peter H. Irons (1982).

The government lawyers who helped shape and defend New Deal agencies have received little attention from scholars. Any oversight has now, however, been redressed. The New Deal Lawyers provides a detailed and careful study of the litigation process that preceded the New Deal's 1937 court triumphs. Peter Irons' book focuses on the activities of three key agencies and their general counsels: the National Recovery Administration (NRA) and Donald Richberg; the Agricultural Adjustment Administration (AAA) and Jerome Frank; and the National Labor Relations Board (NLRB) and Charles Fahy. Each …

Controlling Jury Damage Awards In Private Antitrust Suits, Michigan Law Review

Michigan Law Review

This Note takes the position that the courts should better control jury manipulation in private antitrust actions. Part One suggests that manipulation is likely in such actions, and argues that this manipulation off ends the legislative judgment reflected in the trebling provision without leading to more equitable results. Part Two presents two complementary proposals to control jury manipulation of treble damage awards. These proposals aim to induce the jury to return accurate awards based on the economic loss actually suffered by the plaintiff.

Illinois Brick Revisited: An Analysis Of A Developing Antitrust Jurisprudence, Edward D. Cavanagh

Faculty Publications

(Excerpt)

In June 1977, the United States Supreme Court handed down the landmark decision in Illinois Brick Co. v. Illinois. Reaffirming its decision in Hanover Shoe, Inc. v. United Shoe Machinery Corp., the Court held that in a treble damages action where defendants are charged with price-fixing in violation of Section 1 of the Sherman Act, first purchasers, and not others down the distribution line ("indirect purchasers"), are injured by the full amount of any overcharge; and indirect purchasers are prohibited from offering proof that illegal overcharges had been "passed on" to them by their sellers.

The holding …

The Silent Revolution, Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

Recent Decisions, Timothy J. Peaden, Charles S. Baugh, Marc W. Joseph, Melissa Q. Windham

Vanderbilt Journal of Transnational Law

Antitrust--Noerr-Pennington Extends Immunity from Sherman Act to Foreign Litigation and Foreign Acts that result in Alleged Antitrust Violations, Coastal States Marketing, Inc. v. Hunt, 694 F.2d 1358 (5th Cir. 1983).

Antitrust--Foreign Import Cartels are Liable under the Sherman Act although domestic export competitors are shielded with a Webb-Pomerene exemption. Daishowa International v. North Coast Export Co., 1982-2 Trade Cas.64,774 (N.D. Cal.).

Federal Injunctions And The Public Interest, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

The Justice Conundrum, Marshall J. Breger

Scholarly Articles

The litigation explosion threatens to overwhelm the capacity of our judicial institutions to respond adequately to the needs of our society. An understanding of this crisis can be achieved only through the questioning of a number of principles central to our justice system. This essay will explore the contours of these questions and evaluate various responses to the litigation crisis. By their nature, the solutions suggested can be only tentative.

Economical Litigation: Kentucky's Answer To High Costs And Delay In Civil Litigation, C. Lynn Oliver

Kentucky Law Journal

No abstract provided.

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

Inevitable Errors: The Preponderance Of The Evidence Standard In Civil Litigation, James Brook

Articles & Chapters

No abstract provided.

Equal Access To Justice Act, Sidney B. Jacoby

Antioch Law Journal

The new statute entitled the Equal Access to Justice Act 1 (hereinafter Act) is of great importance because it provides, on a three year experimental basis, for the award of possibly large attorneys' fees and other expenses to private parties of modest means in successful civil actions against the government, its agencies or officials. The Act, however, is specifically not applicable in tort actions. 2 The new Act entitles certain private parties prevailing in government litigation to recover attorneys' fees, expert witness fees, and other expenses against the United States, unless the government action was "substantially justified" or "special circumstances …

Adversary Ethics: More Dirty Tricks, Richard H. Underwood

Law Faculty Scholarly Articles

In this article the author provides a primer on the more common forms of cheating employed by trial lawyers. Another purpose is to suggest that there are antidotes that may be administered to curb these abuses, assuming that trial attorneys are alert enough to invoke them, and trial judges are willing to apply them.

Developments, Roger C. Cramton, Barbara Marshment

Journal of Legal Education

No abstract provided.

Standing To Challenge The Tax-Exempt Status Of Racially Discriminatory Private Schools: Wright V. Regan, Jamie D. Scott

BYU Law Review

No abstract provided.

Interview Notes Of Government Agents Under The Jencks Act, Michigan Law Review

Michigan Law Review

Most courts that have considered the issue have concluded that the Jencks Act does not require the government to retain and produce rough interview notes. This Note examines the language and purpose of the Act to determine whether interview notes should be considered Jencks Act statements. Part I examines the policy underlying the Jencks Act and argues that the majority position sanctioning pre-trial destruction of interview notes conflicts with these statutory purposes. Part II discusses the statutory language and argues that the status of the witness as a government agent or a private individual determines the applicable section of the …

Mobility Factors In Antitrust Cases: Assessing Market Power In Light Of Conditions Affecting Entry And Fringe Expansion, William H. Wentz

Michigan Law Review

To assist courts and litigants in developing and utilizing information on mobility factors in a meaningful manner, I have attempted in this Article to outline a basic approach for analyzing the competitive and efficiency significance of mobility factors in a litigative context. In Part I, I lay the necessary foundation: discussing the importance of mobility factors in accepted economic theory, explaining the sources of the current confusion and controversy about "entry barriers" and deriving from the debate areas of fundamental agreement among economists. Building on this common ground, I develop in Part II a basic approach to consideration of mobility …

Curbing Litigation Abuses: Judicial Control Of Adversary Ethics—The Model Rules Of Professional Conduct And Proposed Amendments To The Rules Of Civil Procedure, Richard H. Underwood

Law Faculty Scholarly Articles

This Article addresses the effectiveness of recent developments and proposals related to abusive litigation, and discusses them in the context of recent opinions illustrating the power of the trial judge to control the excesses of the adversary system. It rejects the countersuit as a time-consuming and costly means of controlling litigation abuses, and concludes that “tinkering changes” in the rules of procedure cannot bring about true reform. It is urged here that the burden resulting from abuse of litigation can only be relieved by changes which foster stronger judicial control of adversarial ethics, and greater judicial involvement in the pretrial …

Legal Advocacy, Performance, And Affection, D. Robert Lohn, Milner S. Ball

Scholarly Works

Professor Geoffrey Hazard's lecture addresses appellate advocacy. That advocate's brief is best, he says, that, short of surrender, concedes most to the opposing party. We assume that Professor Hazard would scarcely have ventured out of New Haven to participate in the distinguished Sibley Lectureship merely to commend to the consideration of the audience an interesting but minor rhetorical ploy. Therefore we read his comments as surely implying more. We interpret his lecture as an invitation to rethink the nature of the courtroom event. The textual openings to our examination of fundamentals are found in various of Professor Hazard's comments--for instance, …

Seizing The Middle Ground Between Rules And Standards In Design Defect Litigation: Advancing Directed Verdict Practice In The Law Of Tort, Aaron Twerski

Faculty Scholarship

No abstract provided.

Statutory And Common Law Considerations In Defining The Tort Liability Of Public Employee Unions To Private Citizens For Damages Inflicted By Illegal Strikes, Michigan Law Review

Michigan Law Review

This Note argues that in the absence of any clear indication that the legislature intended to bar such suits, courts should uphold private actions whenever plaintiffs can establish the elements of a common-law tort. Part I briefly outlines the various theories supporting the view that public sector collective bargaining statutes preempt private actions. The analysis is necessarily general, but Part I concludes that in most cases neither the language and structure of the applicable statute nor an analogy to federal labor law will resolve the preemption question. Part II, therefore, looks to the policies that animate no-strike provisions and argues …

Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel

Michigan Law Review

We explore in this Article the basis and consequences of the target's suit under the antitrust laws. We approach the question from the perspective of federal antitrust law and state corporation law.

We argue in Part I that the target is a singularly poor "private attorney general" because it is a beneficiary, not a victim, of any violation. An antitrust suit thus must be understood as an attempt by managers to defend their own positions, not as an attempt to vindicate the public interest. In the jargon of antitrust, the target is not a victim of "antitrust injury" and therefore …

Standing Versus Justiciability: Recent Developments In Participatory Suits Brought By Congressional Plaintiffs, David G. Mangum

BYU Law Review

No abstract provided.

Hypnotically Induced Testimony: Credibility Versus Admissibility, Octavis White

Indiana Law Journal

No abstract provided.

Introduction: Toward A Sociology Of The Class Action, Bryant G. Garth

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982

The Institutionalization Of Conflict In The Reform Of Schools: A Case Study Of Court Implementation Of The Parc Decree, Janet Rosenberg, William R.F. Phillips

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982

Conclusion: The Mobilizing Potential Of Class Actions, Lynn Mather

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982

Survey Of Developments In The Fourth Circuit: 1981

West Virginia Law Review

No abstract provided.

Class Action Suits And Social Change: The Organization And Impact Of The Hill-Burton Cases, P.A. Paul-Shaheen, Harry Perlstadt

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982