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

Litigation Commons™

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

6,896 Full-Text Articles 5,876 Authors 6,355,673 Downloads 152 Institutions

All Articles in Litigation

Faceted Search

6,896 full-text articles. Page 138 of 176.

Perception And Persuasion In Legal Argumentation: Using Informal Fallacies And Cognitive Biases To Win The War Of Words, Cory S. Clements 2013 Brigham Young University Law School

Perception And Persuasion In Legal Argumentation: Using Informal Fallacies And Cognitive Biases To Win The War Of Words, Cory S. Clements

BYU Law Review

No abstract provided.


Counsel's Control Over The Presentation Of Mitigating Evidence During Capital Sentencing, James Michael Blakemore 2013 University of Michigan Law School

Counsel's Control Over The Presentation Of Mitigating Evidence During Capital Sentencing, James Michael Blakemore

Michigan Law Review

The Sixth Amendment gives a defendant the right to control his defense and the right to a lawyer's assistance. A lawyer's assistance, however, sometimes interferes with a defendant's control over his case. As a result, the Supreme Court, over time, has had to delineate the spheres of authority that pertain to counsel and defendant respectively. The Court has not yet decisively assigned control over mitigating evidence to either counsel or defendant. This Note argues that counsel should control the presentation of mitigating evidence during capital sentencing. First, and most importantly, decisions concerning the presentation of mitigating evidence are best characterized …


Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway 2013 Pepperdine University

Argument And Courtroom Theatrics, Larry Geller, Peter Hemenway

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Recent Cases And Developments In State Administrative Law, Paul Wyler 2013 Pepperdine University

Recent Cases And Developments In State Administrative Law, Paul Wyler

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein 2013 Pepperdine University

Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Erosion Of Judicial Immunity, David J. Agatstein 2013 Pepperdine University

The Erosion Of Judicial Immunity, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Book Reviews, David J. Agatstein 2013 Pepperdine University

Book Reviews, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Agency Inaction, Abner J. Mikva 2013 Pepperdine University

Agency Inaction, Abner J. Mikva

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr. 2013 Pepperdine University

Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.

Journal of the National Association of Administrative Law Judiciary

This article considers the interaction between administrative agency decisions and wrongful dismissal lawsuits under the res judicata doctrine.


Book Reviews, David j. Agatstein 2013 Pepperdine University

Book Reviews, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Impeachment In Administrative Cases, Calvin William Sharpe 2013 Pepperdine University

Impeachment In Administrative Cases, Calvin William Sharpe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?, Harold Baer Jr. 2013 Pepperdine University

Sequestering Witnesses: Does The Practice Interfere With Defendants' Constitutional Rights?, Harold Baer Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky 2013 Pepperdine University

Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley 2013 Pepperdine University

Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant 2013 Pepperdine University

Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Better Access To Justice, Better Access To Attorneys' Fees - The Procedural Implications Of Scarborough V. Principi, Jamie H. Kim 2013 Pepperdine University

Better Access To Justice, Better Access To Attorneys' Fees - The Procedural Implications Of Scarborough V. Principi, Jamie H. Kim

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Advocating For A Civil Right To Counsel In New York State, Kathryn G. Madigan 2013 Touro University Jacob D. Fuchsberg Law Center

Advocating For A Civil Right To Counsel In New York State, Kathryn G. Madigan

Touro Law Review

No abstract provided.


A Full And Fair Hearing: The Role Of The Alj In Assisting The Pro Se Litigant, Paris R. Baldacci 2013 Pepperdine University

A Full And Fair Hearing: The Role Of The Alj In Assisting The Pro Se Litigant, Paris R. Baldacci

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Self-Represented Litigants And The Access To Justice Revolution In The State Courts: Cross-Pollinating Perspectives Toward A Dialogue For Innovation In The Courts And The Administrative System, Richard Zorza 2013 Pepperdine University

Self-Represented Litigants And The Access To Justice Revolution In The State Courts: Cross-Pollinating Perspectives Toward A Dialogue For Innovation In The Courts And The Administrative System, Richard Zorza

Journal of the National Association of Administrative Law Judiciary

In the last ten to fifteen years, state courts have responded to a tidal wave of self-represented litigants with a wide range of innovations that are fundamentally transforming the courts. These innovations impact the whole system and range from new ways of accepting cases into the system to innovative courtroom procedures and management practices, and from a more proactive process of managing the flow of cases to innovations that help make sure that the parties comply with the court's orders. Indeed, the Self-Represented Litigation Network, a national network of groups working for access to justice for the self-represented, has identified …


Standards Of Proof In Civil Litigation: An Experiment From Patent Law, David L. Schwartz, Christopher B. Seaman 2013 Illinois Institute of Technology Chicago-Kent School of Law

Standards Of Proof In Civil Litigation: An Experiment From Patent Law, David L. Schwartz, Christopher B. Seaman

Scholarly Articles

Standards of proof are widely assumed to matter in litigation. They operate to allocate the risk of error between litigants, as well as to indicate the relative importance attached to the ultimate decision. But despite their perceived importance, there have been relatively few empirical studies testing jurors’ comprehension and application of standards of proof, particularly in civil litigation. Patent law recently presented an opportunity to assess the potential impact of varying the standard of proof in civil cases. In Microsoft Corp. v. i4i Limited Partnership, the Supreme Court held that a patent’s presumption of validity can only be overcome by …


Digital Commons powered by bepress