Litigation Commons^™

The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell

University of Michigan Journal of Law Reform

After the Supreme Court declared in Gideon v. Wainwright that indigents have a constitutional right to appointed counsel in criminal cases, attention turned to the possibility that a similar right could be found for civil litigants. Although there is no explicit constitutional guarantee of counsel for the civil litigant, the due process clause, which protects property rights as well as personal freedoms, arguably mandates that there be a right to professional representation of all citizens in all courts. The inability of most laymen to effectively present even a rudimentary case on their own behalf indicates that without counsel a meaningful …

Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein

Faculty Scholarship

No abstract provided.

The Use And Abuse Of Warnings In Products Liability -- Design Defect Litigation Comes Of Age, Aaron Twerski, A. S. Weinstein, W. A. Donaher, H. R. Piehler

Faculty Scholarship

No abstract provided.

The Informant And Accomplice Witness: Problems For The Prosecution, 9 J. Marshall J. Prac. & Proc. 243 (1975), Michael D. Marrs

UIC Law Review

No abstract provided.

Book Review, Samuel Sonenfield, Gail M. Schaffer

Cleveland State Law Review

This entry reviews Art on Trial: From Whistler to Rothko by Laurie Adams. The text presents six trials involving art. Four of these cases are American, one is English, and one is Dutch.

0128: U.S. District Court, Southern District Of Wv, Charleston Division Papers, 1836-1886, Marshall University Special Collections

Guides to Manuscript Collections

Documents pertain to the suit of Charles Gay and others against the White Sulphur Springs Company: depositions by W. B. Calwell (1880), interest coupons payable by the White Sulphur Springs Company (1861), bonds issued by Jeremiah Morton, president of the company. Also papers concerning the Ohio Central Railroad Company.

Promise And Reality In Legal Services, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

The Antibiotics Class Actions, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger

Buffalo Law Review

No abstract provided.

Emerging Standards For Implied Actions Under Federal Statutes, Gary W. Klotz

University of Michigan Journal of Law Reform

This article will examine the theoretical basis for finding implied causes of action in legislation and the development of the implication doctrine in the federal courts. In particular, the Cort v. Ash case will be discussed, both in terms of the standards articulated by the Supreme Court in dicta and the potential impact of Cort on the law of implied remedies.

Design Defect Litigation Revisited, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

On Reading Cramton, Currie & Kay -- Reflections And Prophecies For The Age Of Interest Analysis, Aaron Twerski

Faculty Scholarship

No abstract provided.

Obtaining Personal Jurisdiction Over Alien Corporations--A Survey Of U.S. Practice, John D. Gleissner, David C. Veeneman, S. Rodgers Wheaton

Vanderbilt Journal of Transnational Law

With the increase in international trade, civil litigation between persons of different nationalities has become increasingly important. Today alien and foreign corporations are being brought before American courts to defend actions arising out of products liability, contract, and tort. There is considerable authority holding alien and foreign corporations amenable to jurisdiction on the basis of a single act or business transaction. The states themselves are affecting international trade since state law is chosen to determine the amenability of alien and foreign corporations to suit in diversity actions in federal court.

This survey presents a cross-section of recent cases and attempts …

Attorney Fee Awards And The Public-Interest Litigant, John L. Fowler

Kentucky Law Journal

No abstract provided.

Introduction: Environmental Law Section, Second Circuit Review, 1974–75 Term, Ross Sandler

Articles & Chapters

No abstract provided.

Pro Se Litigation - Litigating Without Counsel: Faretta Or For Worse, Ira P. Robbins, Susan Herman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Trends In The Law Of Damages, John W. Reed

Articles

The law of damages deals with the process of translating harm into dollars. It is not, however, a coherent body of knowledge. Rather, it consists of an amalgam of many concepts and rules having to do with fundamental policy questions about loss-shifting, risk-spreading, and allocation of functions between judge and jury. Because damages is a "non-subject," little attention is paid to it in law school curricula and there is little writing about it. As one commentator put it, the law of damages "plods its way, ignored by academicians and 'accepted' by the courts. . . . The 'winds of change' …

A Glance At Summary Judgment, Thomas J. Browning

Mercer Law Review

EDITOR'S NOTE: A motion for summary judgment is one of the most frequently used pre-trial motions. The following article was written as a quick-reference index for the Judges of the Cobb Superior Court in ruling on these motions. In keeping with our policy of presenting articles to aid the practicing attorney, as well as the academician, we are including the article in this year's Survey. This is the authority practicing attorneys will no doubt face from the Georgia judiciary on a motion for summary judgment.

I. PURPOSE

Purpose of Summary Judgment: A primary purpose of the summary judgment procedure is …

Service Of Process By Mail, Michigan Law Review

Michigan Law Review

This Note examines the operation of the return-receipt requirement and concludes that, in light of the procedures available to a defendant to challenge service and to reopen default judgments entered against him, the requirement of a signed receipt is unduly harsh on plaintiffs. In the course of this examination, the Note details the means by which a defendant can avoid service by mail in a return-receipt jurisdiction and explains the operation of the various motions to challenge service of process, which, it is asserted, can protect the defendant as well as a return-receipt requirement.

Pattern Jury Instructions, Luther C. Hames Jr.

Mercer Law Review

No abstract provided.

Trial Practice And Procedure, J. Ralph Beaird, C. Ronald Ellington

Mercer Law Review

No abstract provided.

Counterclaim And Countersuit Harassment Of Private Environmental Plaintiffs: The Problem, Its Implications, And Proposed Solutions, Michigan Law Review

Michigan Law Review

This Note first outlines the basic characteristics of the counteraction strategy and considers the implications of its future proliferation and then analyzes proposals to eliminate or ameliorate the impact of the strategy in terms of their effectiveness and practicability.

Sense And Non-Sense: Jury Trial Communication, Robert F. Forsten

BYU Law Review

No abstract provided.

Opening Pandora's Box: Asking Judges And Attorneys To React To The Videotape Trial, Robert J. Grow, Robert A. Johnson

BYU Law Review

No abstract provided.

Symposium: The Use Of Videotape In The Courtroom, Tom C. Clark

BYU Law Review

No abstract provided.

Juror Perceptions Of Trial Testimony As A Function Of The Method Of Presentation: A Comparison Of Live, Color Video, Black-And-White Video, Audio, And Transcript Presentations, Gerald R. Williams, Larry C. Farmer, Rex E. Lee, Bert P. Cundick, Robert J. Howell, C. Keith Rooker

BYU Law Review

Summary of Contents

I. Introduction

A. Uses of videotape in the litigation process

1. Prelitigation videotape uses

2. Videotaped depositions

3. Electronic trial records

4. Electronic presentation of evidence

B. A review of the research literature

II. The Research Design: Rationale and Description

A. The need to assess the impact of videotape in the litigation process

B. The live trial as a standard of comparison

C. Description of the research design

1. The stimulus trial

2. The trial participants

3. The physical setting

4. A description of the different trial procedures

5. The questionnaire

III. Research Results

A. Juror perceptions …

The Effects Of Videotape Testimony In Jury Trials: Studies On Juror Decision Making, Information Retention, And Emotional Arousal, Gerald R. Miller, David C. Bender, Frank Boster, B. Thomas Florence, Norman Fontes, John Hocking, Henry Nicholson

BYU Law Review

Summary of Contents

I. Introduction: The Nature of the Research

II. Group I : The Nugent u. Clark Studies

A. Background

1. Selecting the stimulus trial

2. Editing the transcript

3. Preparing the trial

a. Casting

b. Equipment

B. Nugent u. Clark Study

1 : live v. videotape trials 1. Questions examined

2. Procedures

a. The live presentation

b. The videotape presentation

c. The questionnaire

3. Results and discussion

a. Negligence verdicts and mean awards

b. Juror perception of attorney credibility

c. Juror information retention

d. Juror interest and motivation

4. Conclusions from Study 1

C. Nugent u. Clark Study …

An Assessment Of Videotape In The Criminal Courts, Ernest H. Short, B. Thomas Florence, Mary Alice Marsh

BYU Law Review

Summary of Contents

I. Introduction

A. A brief history of television and videotape in the justice system

B. Recent studies of videotape technology in the justice system

C. Overview of the goals and methodology of the present study

II. The Videotape System

A. The recording environment

1. Lighting

2. Spatial arrangement

3. Participant mobility

4. Acoustics

5. Electrical power

B. Production techniques

1. Video source location

2. Audio source location

3. Picture composition

a. Zooms

b. Varying video sources

c. Special effects

C. Alternative equipment combinations

1. System 1 : the single camera

2. System 2: the single camera with …

Critique - Data In Search Of Theory In Search Of Policy: Behavioral Responses To Videotape In The Courtroom, Gordon Bermant

BYU Law Review

No abstract provided.

Judicial Reform At The Lowest Level: A Model Statute For Small Claims Courts, Robert H. Brownlee, Charles L. Lewis, Gregory J. Moonie, William H. Pickering, Paul C. Deemer, Iii Special Projects Editor

Vanderbilt Law Review

The purpose of this Special Project is to analyze the development of procedures for adjudicating small claims, with particular emphasis on the State of Tennessee, and to suggest statutory revisions that may be of value in improving the quality of justice at the lowest level of the judicial system. The Project study commences with an historical survey of the origins of small claims theory and the various court attempts to apply the theory that have been made in the United States during the last half-century. The result of this analysis will be a characterization of a model small claims court.The …