Open Access. Powered by Scholars. Published by Universities.®

Litigation Commons

Open Access. Powered by Scholars. Published by Universities.®

5,690 Full-Text Articles 4,279 Authors 2,098,341 Downloads 147 Institutions

All Articles in Litigation

Faceted Search

5,690 full-text articles. Page 1 of 132.

Preserving The Citizen Suit Provision: Citizens For A Better Environment V. The Steel Company, Rebecca L. Justice 2021 University of Kentucky

Preserving The Citizen Suit Provision: Citizens For A Better Environment V. The Steel Company, Rebecca L. Justice

Journal of Natural Resources & Environmental Law

No abstract provided.


Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds 2021 United States Air Force

Defanging Environmental Law: Extracting Citizen Suit Provisions Under Seminole Tribe V. Florida, Jefferson D. Reynolds

Journal of Natural Resources & Environmental Law

No abstract provided.


Confessions Of A Catholic Litigator, David A. Shaneyfelt 2021 University of St. Thomas, Minnesota

Confessions Of A Catholic Litigator, David A. Shaneyfelt

University of St. Thomas Law Journal

No abstract provided.


Confrontation's Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman 2021 Georgetown University Law Center

Confrontation's Multi-Analyst Problem, Paul F. Rothstein, Ronald J. Coleman

Georgetown Law Faculty Publications and Other Works

The Confrontation Clause in the Sixth Amendment affords the “accused” in “criminal prosecutions” the right “to be confronted with the witnesses against” them. A particular challenge for courts over at least the last decade-plus has been the degree to which the Confrontation Clause applies to forensic reports, such as those presenting the results of a DNA, toxicology, or other CSI-type analysis. Should use of forensic reports entitle criminal defendants to confront purportedly “objective” analysts from the lab producing the report? If so, which analyst or analysts? For forensic processes which require multiple analysts, should the prosecution be required to produce ...


A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello 2021 Merrimack College

A Comparison Of Public Defenders Vs. Private Attorneys, Tiffany Costello

Honors Senior Capstone Projects

This study seeks to determine whether there are any differences in conviction rates or client satisfaction between public defenders and private attorneys in state or federal courts. Although researchers have spent time examining differences between attorney type and client satisfaction or conviction rates, little information exists on the assessment of attorney type in the federal system. The study will consist of a two-part survey with approximately twenty-seven closed-ended questions about client satisfaction, conviction, court, and attorney type. The target population will be any criminal defendant in federal or state court with an attorney. In this study, the sampling method will ...


The Exhibit, The Litigation Center Newsletter - Spring 2021, Golden Gate University School of Law 2021 Golden Gate University School of Law

The Exhibit, The Litigation Center Newsletter - Spring 2021, Golden Gate University School Of Law

Litigation Center at Golden Gate University School of Law

No abstract provided.


Brief Of Amici Curiae Scholars Of The Law Of Non-Profit Organizations In Support Of Respondent: Americans For Prosperity Foundation V. Matthew Rodriguez, Nos. 19-251 & 19-255, Ellen P. Aprill, Roger Colinvaux, Sean Delany, James Fishman, Brian D. Galle, Philip Hackney, Jill R. Horwitz, Cindy Lott, Ray D. Madoff, Jill S. Manny, Nancy A. McLaughlin, Richard Schmalbeck 2021 Loyola Law School Los Angeles

Brief Of Amici Curiae Scholars Of The Law Of Non-Profit Organizations In Support Of Respondent: Americans For Prosperity Foundation V. Matthew Rodriguez, Nos. 19-251 & 19-255, Ellen P. Aprill, Roger Colinvaux, Sean Delany, James Fishman, Brian D. Galle, Philip Hackney, Jill R. Horwitz, Cindy Lott, Ray D. Madoff, Jill S. Manny, Nancy A. Mclaughlin, Richard Schmalbeck

Amici Briefs

The twelve individuals filing this amicus brief are professors and scholars of the law of nonprofit organizations. No party in this case represents all three of charity’s key stakeholders: charities, states, and taxpayers who underwrite the charities’ funding. Amici are participating in this litigation in order to aid the Court in understanding how these three interests depend on one another. They also attempt to provide a clearer understanding of state supervision of charities and how that supervision related to federal tax law.


The Rcra Citizen Suit Provision And The Private Remedy Of Restitution After Kfc Western, Inc. V. Meghrig And Furrer V. Brown: Reasonable Minds May Differ, J. Thomas Blaine Lewis 2021 University of Kentucky

The Rcra Citizen Suit Provision And The Private Remedy Of Restitution After Kfc Western, Inc. V. Meghrig And Furrer V. Brown: Reasonable Minds May Differ, J. Thomas Blaine Lewis

Journal of Natural Resources & Environmental Law

No abstract provided.


Preclusion Of Citizens' Suits Under The Clean Water Act, Elizabeth McKinney 2021 University of Kentucky

Preclusion Of Citizens' Suits Under The Clean Water Act, Elizabeth Mckinney

Journal of Natural Resources & Environmental Law

No abstract provided.


Sovereigns, Freemen, And Desperate Souls: Towards A Rigorous Understanding Of Pseudolitigation Tactics In United States Courts, Samuel Barrows 2021 Boston College Law School

Sovereigns, Freemen, And Desperate Souls: Towards A Rigorous Understanding Of Pseudolitigation Tactics In United States Courts, Samuel Barrows

Boston College Law Review

In recent years, American courts have seen a significant increase in legal filings displaying unusual markings and arguing groundless legal theories. These so-called “pseudolegal” filings are the product of an organized network of amateur legal scholars and con artists who represent an ongoing threat to the justice system. They waste judicial time and resources and encourage abuse of Uniform Commercial Code financing statements for the purpose of harassing others. This Note argues that, in order to combat pseudolaw, courts should make more aggressive use of available gatekeeping tools to screen out these filings. To effectively accomplish this task, courts will ...


Force Majeure Implications Of Acid Rain Legislation: The Litigation Battle Of The 1990s, John R. Rhorer Jr., Penny R. Warren 2021 Wyatt, Tarrant & Combs, LLP

Force Majeure Implications Of Acid Rain Legislation: The Litigation Battle Of The 1990s, John R. Rhorer Jr., Penny R. Warren

Journal of Natural Resources & Environmental Law

No abstract provided.


The Impact Of Sebben In Federal Black Lung Litigation, Elizabeth Hopkins 2021 United States Department of Labor

The Impact Of Sebben In Federal Black Lung Litigation, Elizabeth Hopkins

Journal of Natural Resources & Environmental Law

No abstract provided.


Diligence And Belated Appeals: Ark R. App P.-Civ. 4(B)(3) In Theory And Practice, Johnathan D. Horton 2021 University of Arkansas, Little Rock

Diligence And Belated Appeals: Ark R. App P.-Civ. 4(B)(3) In Theory And Practice, Johnathan D. Horton

Arkansas Law Review

A series of Arkansas appellate decisions addresses a recurring issue—the entry of a final order without notice to one or more litigants. Appellate deadlines run from the date of entry of a final order, so the lack of notice typically results in the inability to perfect an appeal, as a party unaware of the entry of a final order is unlikely to timely perfect an appeal. This troublesome issue has arisen in Arkansas with sufficient frequency to merit a specific provision in the Arkansas Rules of Appellate Procedure—Civil.4 If a party can satisfy its requirements, Rule 4 ...


The Opioid Crisis Or Climate Change: Which Is More Likely To Succeed Under The Tobacco Litigation Model?, Elizabeth W. De Leon 2021 Texas A&M University School of Law

The Opioid Crisis Or Climate Change: Which Is More Likely To Succeed Under The Tobacco Litigation Model?, Elizabeth W. De Leon

Texas A&M Law Review

Societal problems can occasionally have legal solutions, and several tools exist to implement change, including litigation and regulation. However, what elements make a societal problem more suitable for litigation or regulation? This Article examines four different societal issues (tobacco use, obesity, opioid addiction, and climate change) to determine whether litigation or regulation is the more appropriate route for success. The tobacco litigation serves as a successful example, while the fast food litigation serves as an unsuccessful example. Six signs of success are derived from the tobacco litigation: a large settlement agreement, evidence of corporate wrongdoing, change in public opinion, the ...


Preserving Issues For Appeal In Nevada's Federal Courts, Micah Echols, Tom Stewart 2021 Claggett & Sykes Law Firm

Preserving Issues For Appeal In Nevada's Federal Courts, Micah Echols, Tom Stewart

Nevada Law Journal Forum

Attorneys in federal courts across the country, including in the District of Nevada, are aware of the age-old rule that, generally, new issues cannot be raised for the first time on appeal. The question then becomes, how are these issues properly raised, and preserved, in the district court so that they are preserved for an appeal before the United States Court of Appeals for the Ninth Circuit or, ultimately, the Supreme Court of the United States? This article provides guiding principles based upon federal case law and the Federal Rules of Civil Procedure to answer these questions on preserving error ...


2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School of Law 2021 Roger Williams University

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


A Remedy For The Least Well Off: The Case For Preliminary Damages, Gideon Parchomovsky, Alex Stein 2021 University of Pennsylvania Carey Law School

A Remedy For The Least Well Off: The Case For Preliminary Damages, Gideon Parchomovsky, Alex Stein

Faculty Scholarship at Penn Law

Historically, the law helped impecunious plaintiffs overcome their inherent disadvantage in civil litigation. Unfortunately, this is no longer the case: modern law has largely abandoned the mission of assisting the least well off. In this Essay, we propose a new remedy that can dramatically improve the fortunes of poor plaintiffs and thereby change the errant path of the law: preliminary damages. The unavailability of preliminary damages has dire implications for poor plaintiffs, especially those wronged by affluent individuals and corporations. Resource constrained plaintiffs cannot afford prolonged litigation on account of their limited financial means. Consequently, they are forced to either ...


Preserving Issues For Appeal In The Nevada State District Courts Under Nevada's New 2019 Rules Of Civil Procedure, Micah Echols, Tom Stewart 2021 Claggett & Sykes Law Firm

Preserving Issues For Appeal In The Nevada State District Courts Under Nevada's New 2019 Rules Of Civil Procedure, Micah Echols, Tom Stewart

Nevada Law Journal Forum

Practicing attorneys are aware of the age-old rule of appellate practice that new issues cannot be raised for the first time on appeal. But, how are these issues properly raised, and preserved, in the district courts so that they are preserved for an appeal before the Nevada Court of Appeals or the Nevada Supreme Court? This article provides guiding principles based upon Nevada case law and the newly-revised 2019 Nevada Rules of Civil Procedure to answer these questions on preserving error for an appeal in Nevada’s state courts.


Transnational Access To Justice, Christopher A. Whytock 2021 University of California, Irvine School of Law

Transnational Access To Justice, Christopher A. Whytock

Faculty Scholarship

The study of access to justice has long had a strong domestic focus. This Article draws attention to a different aspect of access to justice, one that has, so far, received comparatively little attention: transnational access to justice. It presents a typology of transnational access-to-justice problems, explains why those problems are distinctive and important to understand and address, and proposes an agenda for further transnational access-to-justice research.

Part I defines the concept of transnational access to justice. Part II develops a typology of transnational access-to-justice problems, including different types of transnational access-to-justice gaps and conflicts. It shows that although some ...


Special State Standing Is Environmental: Clarifying Massachusetts V. Epa, Dorothea Allocca 2021 William & Mary Law School

Special State Standing Is Environmental: Clarifying Massachusetts V. Epa, Dorothea Allocca

William & Mary Environmental Law and Policy Review

When the Court granted states “special solicitude in [its] standing analysis” in Massachusetts v. EPA, it left lower courts with more questions than answers. While legal scholars continue to debate these questions thirteen years later, the practical impacts of Massachusetts v. EPA are coming into focus. Today states are suing the federal government, often in multistate coalitions, to enforce or challenge federal administrative policies. This intergovernmental, public-law litigation increased dramatically during the Obama administration and has further skyrocketed since January 2017. States do not exclusively rely upon special state solicitude in suing the federal government. However, this lowered procedural bar ...


Digital Commons powered by bepress