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Articles 6451 - 6480 of 6921
Full-Text Articles in Litigation
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing Melvin Belli, Modern Trials, Bobbs-Merrilll Co. Inc., 1963
How May The Disposition Of Personal Injury Litigation Be Improved?, James R. Richardson
How May The Disposition Of Personal Injury Litigation Be Improved?, James R. Richardson
Kentucky Law Journal
No abstract provided.
The Powers Of Home Rule Cities In Colorado, Howard C. Klemme
The Powers Of Home Rule Cities In Colorado, Howard C. Klemme
Publications
No abstract provided.
The Constitution And Preclusion/Res Judicata, Allan D. Vestal
The Constitution And Preclusion/Res Judicata, Allan D. Vestal
Michigan Law Review
The interrelation of lawsuits is one of the most troublesome, yet least commented upon, areas of the law. The ramifications are great; related lawsuits may be pending concurrently, either brought by the same individual-repetitive litigation--or brought by different parties-reactive litigation. Such lawsuits may occur serially over a period of time. The courts are then faced with problems which have traditionally been discussed in terms of res judicata, bar, merger, or estoppel. It is impossible to cover the whole area or even a sizable part of it in a single article, but it is feasible to examine one facet which certainly …
Justiciability, Robert S. Summers
Justiciability, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Some Problems Of Constructive Delivery, Agency And Proof In Gift Litigation, Patrick J. Rohan
Some Problems Of Constructive Delivery, Agency And Proof In Gift Litigation, Patrick J. Rohan
Indiana Law Journal
No abstract provided.
Has The Rule Of Macpherson V. Buick Been Adopted In Indiana?
Has The Rule Of Macpherson V. Buick Been Adopted In Indiana?
Indiana Law Journal
No abstract provided.
Equitable Relief, But Not Equity, Robert Allen Sedler
Equitable Relief, But Not Equity, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Right To Jury Trial In Ohio Civil Suits, Samuel M. Jones Iii
Right To Jury Trial In Ohio Civil Suits, Samuel M. Jones Iii
Cleveland State Law Review
In most instances the right to a jury trial either clearly does or does not exist. Yet there are some instances where this constitutional right is not clear. However, lawyers, pressed for time and more concerned with substantive issues, fail to argue the issue and thus it is rarely litigated. Those lawyers who are concerned with the jury trial question, for tactical reasons or otherwise, are hampered by a dearth of material providing adequate guides in this area. This article is designed to fill this void.
Book Review, Rudolf H. Heimanson
Book Review, Rudolf H. Heimanson
Cleveland State Law Review
Reviewing Joseph and David Sindell, Let's Talk Settlement, Matthew Bender and Co., 1963
Book Review, John J. Hudson
Book Review, John J. Hudson
Cleveland State Law Review
Reviewing Harold A. Liebenson and Leo F. Miller, Witness Series, 4 volumes, Callaghan and Company, 1961-2
Privileges In The Law Of Evidence: The Realities Of Attorney-Client Confidences, Robert Allen Sedler, Joseph J. Simeone
Privileges In The Law Of Evidence: The Realities Of Attorney-Client Confidences, Robert Allen Sedler, Joseph J. Simeone
Law Faculty Research Publications
No abstract provided.
The Victim's Fault In Wrongful Death Actions In French Law, Wencelas J. Wagner
The Victim's Fault In Wrongful Death Actions In French Law, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
The Contingent Fee Contract In Massachusetts, Kenneth B. Hughes
The Contingent Fee Contract In Massachusetts, Kenneth B. Hughes
Articles by Maurer Faculty
No abstract provided.
International Law-Sovereign Immunity-State Court Authority To Determine Title To Property Under Its Jurisdiction Despite A Department Of State Suggestion Of Immunity, John A. Krsul Jr., S.Ed.
International Law-Sovereign Immunity-State Court Authority To Determine Title To Property Under Its Jurisdiction Despite A Department Of State Suggestion Of Immunity, John A. Krsul Jr., S.Ed.
Michigan Law Review
In 1952 plaintiff brought a creditor's action for the appointment of a permanent receiver for the assets of the defendant located in New York. Defendant, Zivnostenska Banka, was a Czechoslovak corporation that had at one time been engaged in banking activities in New York. Plaintiff succeeded in having a receiver appointed upon proving that defendant had been nationalized, contrary to New York policy and law, by a 1950 decree of the Czechoslovak Government which had merged the defendant and its assets with the State Bank of Czechoslovakia. The instant controversy arose when the receiver attempted to set aside, as a …
Procedural Problems Of Class Suits, Joseph J. Simeone
Procedural Problems Of Class Suits, Joseph J. Simeone
Michigan Law Review
The purpose of this article is to discuss numerous aspects of the class device, to discuss the many procedural problems confronting court and counsel, to determine the effectiveness of one type of class suit-the spurious-and in the conclusion, to propose legislation for a new rule independent of the rules regarding class actions, a remedy which would more effectively permit the dispatch of numerous claims arising from similar fact patterns.
Federal Trade Commission-Adjudicatory Proceedings-Receipt Of Evidence In Camera, Peter W. Williamson
Federal Trade Commission-Adjudicatory Proceedings-Receipt Of Evidence In Camera, Peter W. Williamson
Michigan Law Review
During an adjudicatory hearing pursuant to a complaint filed by the Federal Trade Commission, counsel for the Commission offered as evidence some confidential documents subpoenaed from respondent. The hearing examiner, on his own motion, ordered all confidential documents placed in camera. Counsel for the FTC objected to the order and filed an interlocutory appeal to the Commission. On the interlocutory appeal, held, error in part. Because these documents do not contain highly secret business information they must appear on the public transcript, unless tendered to the Commission and obtained subject to an express stipulation that, if offered in …
Taxation-Federal Income Tax-Strike Insurance Agreements, Robert A. Butler S.Ed.
Taxation-Federal Income Tax-Strike Insurance Agreements, Robert A. Butler S.Ed.
Michigan Law Review
Contracts indemnifying persons or corporations for losses and damage resulting from an interruption of business due to strikes have existed at least since the beginning of this century. The Mutual Security Company of Connecticut, for example, wrote such a policy for the Buffalo Forge on April 9, 1906. In more recent times, strike insurance agreements have been instituted in major industries, and their impact on collective bargaining has been the subject of some controversy. The purpose of this comment is to consider the federal income tax questions which arise from such arrangements. Specifically, attention is directed to the deductibility of …
A Lecture On Appellate Advocacy, Karl N. Llewellyn
A Lecture On Appellate Advocacy, Karl N. Llewellyn
Addison Harris Lecture
No abstract provided.
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing Robert Klonsky, Legal Essays of the Plaintiff's Advocate, Central Book Company, 1961
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing Robert Klonsky, Legal Essays of the Plaintiff's Advocate, Central Book Company, 1961
Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.
Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.
Michigan Law Review
A great deal of work and thought has been devoted to concurrent causation problems in the field of torts. Less attention has been paid to the insurance cases, and no serious effort has been made to formulate the separate rules applicable to them. It is the thesis of this article that concurrent causation problems which arise under an insurance contract must be handled somewhat differently from those which arise in connection with tort litigation, and that the tendency to borrow rules of law from the larger tort field and apply them to the smaller volume of insurance cases can only …
The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell
The Theory Of Criminal Discovery And The Practice Of Criminal Law, David W. Louisell
Vanderbilt Law Review
To crystallize in a few words the motif of a career as varied and comprehensive as that of Eddie Morgan would in any event be difficult, but it is doubly so for a life devoted, as his has been, to stuff as vital and dynamic as procedure and evidence. For me, his work most fundamentally is to be characterized as a quest for greater rationality in the adjudicative process. Whether one thinks of his analysis of the hearsay rule,' or his rationale of the admissions exception to it, or his treatment of the dead man's statute, or his study of …
Selecting A Jury In Civil Trials, Forrest A. Norman
Selecting A Jury In Civil Trials, Forrest A. Norman
Cleveland State Law Review
It is probably no exaggeration to state that many cases are won or lost on the jury selection. Every lawyer is familiar with cases that were tried through to a jury verdict and following a motion or appeal, were retried to a different jury, with opposite results being reached. In many of these cases the witnesses, the testimony, and all of the facts remain the same-the only difference being in the jury and the result. Thus, the importance of the jury selection cannot be overestimated.
Fair Dealing In Personal Injury Cases, Philip J. Hermann
Fair Dealing In Personal Injury Cases, Philip J. Hermann
Cleveland State Law Review
It is submitted that where there is fair dealing on the part of plaintiff's attorney and insurance company, a great deal of needless expense to both will have been eliminated enabling insurance companies to handle their claims and lawsuits with fewer personnel and smaller defense fees. And plaintiff's attorneys on their part, will be able to bring to conclusion more work during the course of a year; and where a staff is required, they will be able to operate with fewer personnel. The result to the plaintiff's attorney will be an increase in net income and perhaps more time for …
Admission Of Liability, Richard H. Burgess
Admission Of Liability, Richard H. Burgess
Cleveland State Law Review
There is a great amount of resistance to the admission of liability when the slightest defense is available. Many defendants' attorneys would prefer to take the long chance of hoping for an unexpected verdict rather than admit fault and leave only the issue of damages to the jury. Surprisingly, there have actually been cases in which liability was admitted and the jury returned a verdict of no cause of action. Generally speaking, though, an admission of liability will tend to keep the damage award reasonable, but it will take away the slight possibility of an unexpected defendant's verdict.
Presidential Power To Institute Corporate Litigation, Richard W. Spears
Presidential Power To Institute Corporate Litigation, Richard W. Spears
Kentucky Law Journal
No abstract provided.
Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep
Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep
Michigan Law Review
The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …
The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon
The Civil Investigative Demand: New Fact-Finding Powers For The Antitrust Division, Richard L. Perry, William Simon
Michigan Law Review
The complexity, scope and length of modem antitrust litigation bring to prominence the procedures by which evidence - particularly documentary evidence - is discovered and placed before the courts and administrative agencies. Fact-finding mechanisms now available for ferreting out and prosecuting violations make up an imposing array. These include the grand jury subpoena, the discovery provisions of the Federal Rules of Civil and Criminal Procedure and the subpoena and visitorial powers of certain administrative agencies. The "civil investigative demand," a precomplaint compulsory process, is a new weapon proposed to be added to this arsenal. Few dispute the desirability of new …
Modern Techniques In The Preparation And Trial Of A Medical Malpractice Suit, Fitz-Gerald Ames Sr
Modern Techniques In The Preparation And Trial Of A Medical Malpractice Suit, Fitz-Gerald Ames Sr
Vanderbilt Law Review
Though it is true that in malpractice suits more than in any other type of litigation, the plaintiff must have a strong case on the merits, it is equally important and almost a necessity in most malpractice cases that patient's counsel carefully and thoroughly condition the jurors' minds from the very outset to a psychological acceptance of this type of litigation. Far too many veniremen, before they have been selected as trial jurors in a malpractice suit, have the attitude that (1) a "malpractice" suit connotes conduct either criminal, quasi-criminal or unethical on the part of the doctor or hospital; …