Evidence-Based Litigation Reform,
2012
Florida State University College of Law
Evidence-Based Litigation Reform, Emily Spottswood
Scholarly Publications
No abstract provided.
Narrative And Drama In The American Trial,
2012
Northwestern University School of Law
Narrative And Drama In The American Trial, Robert P. Burns
Faculty Working Papers
This short essay summarizes an understanding of the trial as a medium in which law is realized or actualized, rather than imposed or enforced. It suggests that we should pay close attention to the actual practices that prevail at trial, its "consciously structured hybrid" of languages and practices, if we want to understand the nature of law.
Getting Nowhere: Florida's Failed Choice Of Law Approach To Torts And A Proposal For Change,
2012
Florida A&M University College of Law
Getting Nowhere: Florida's Failed Choice Of Law Approach To Torts And A Proposal For Change, Shirley A. Wiegand
Florida A & M University Law Review
No abstract provided.
New Models For The Compensation Of Natural Resources Damage,
2012
Maastricht University
New Models For The Compensation Of Natural Resources Damage, Michael Faure, Jing Liu
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
What You Have Said In The Dark: The Evolution Of Media In The Courtroom And The New Challenges Of Containing The Jury's Information Space,
2012
Harvard Law School
What You Have Said In The Dark: The Evolution Of Media In The Courtroom And The New Challenges Of Containing The Jury's Information Space, Charles Nesson
St. Thomas Law Review
The trial system is in a form of crisis. Recently, the United States Supreme Court effectively recognized that we no longer have a jury system. Instead, we have a plea bargaining system with the remote possibility of a jury trial at the very tail end of that system. Given the pervasiveness of sensational news stories, the option of settlement may appear more attractive to a litigant because it avoids the public display that often accompanies high-profile trials. This also serves a benefit to nervous judges who, without the stress of a trial, may avoid the onslaught of media pressure for …
Sorry Linus, I Need Your Security Blanket: How The Smartphone, Constant Connectivity With The Internet, And Social Networks Act As Catalysts For Juror Misconduct,
2012
Office of the Public Defender - Palm Beach County
Sorry Linus, I Need Your Security Blanket: How The Smartphone, Constant Connectivity With The Internet, And Social Networks Act As Catalysts For Juror Misconduct, Patrick M. Delaney
St. Thomas Law Review
In the context of the judicial system, it is the judges, lawyers, and parties to lawsuits who are equally affected by juror's statements. While this problem is not exclusive to criminal law, it is within the context of criminal law that the most severe problems are presented to the courts. This is not an attempt to suggest any lack of seriousness associated with a civil claim, but the fact that the stakes for a defendant remain higher in a criminal case because an individual's fundamental, constitutional rights are at issue is a significant difference. The knee jerk reaction by the …
Gambling On Goldilocks: Illinois Medical Malpractice Damage Caps And The Quest For "Just Right" Reform, 45 J. Marshall L. Rev. 917 (2012),
2012
UIC School of Law
Gambling On Goldilocks: Illinois Medical Malpractice Damage Caps And The Quest For "Just Right" Reform, 45 J. Marshall L. Rev. 917 (2012), Kristen Zaharski
UIC Law Review
No abstract provided.
Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), 45 J. Marshall L. Rev. 1023 (2012),
2012
UIC School of Law
Qualified Immunity: Protecting All But The Plainly Incompetent (And Maybe Some Of Them, Too), 45 J. Marshall L. Rev. 1023 (2012), Susan Bendlin
UIC Law Review
No abstract provided.
Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing,
2012
Bar-Ilan University, Ramat-Gan, Israel
Pain, Love, And Voice: The Role Of Domestic Violence Victims In Sentencing, Hadar Dancig-Rosenberg, Dana Pugach
Michigan Journal of Gender & Law
Criminal law systems throughout the world have evolved to a stage where they no longer ask, "What is the appropriate role of the victim in a criminal trial?" The questions now relate to the scope of the victim's rights, in which procedures she has independent standing, and at what stage she should be heard. The process of the "prosecution stepping into the victim's shoes," whereby the state controls the entire criminal process, seemingly on behalf of the victim, has been replaced by the recognition that the interests of the prosecution (the State) are not always consistent with those of the …
Compelling Disclosure Of Facebook Content Under The Stored Communications Act,
2012
Suffolk University Law School
Compelling Disclosure Of Facebook Content Under The Stored Communications Act, Allen D. Hankins
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Regulatory Litigation In The European Union: Does The U.S. Class Action Have A New Analogue?,
2012
University of Missouri School of Law
Regulatory Litigation In The European Union: Does The U.S. Class Action Have A New Analogue?, S. I. Strong
Faculty Publications
This article is the first to consider the European resolution from a regulatory perspective, using a combination of new governance theory and equivalence functionalism to determine whether the European Union has adopted or is in the process of adopting a form of regulatory litigation. In so doing, the article considers a number of issues, including the basic definition of regulatory litigation, how class and collective relief can act as a regulatory mechanism and the special problems that arise when regulatory litigation is used in the transnational context. The article also includes a normative element, providing a number of suggestions on …
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates,
2012
Barry University
Professionalism And Advocacy At Trial – Real Jurors Speak In Detail About The Performance Of Their Advocates, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
The Women's Health Amendment And Religious Freedom: Finding A Sufficient Compromise,
2012
University of Maryland Francis King Carey School of Law
The Women's Health Amendment And Religious Freedom: Finding A Sufficient Compromise, Rebecca Hall
Journal of Health Care Law and Policy
No abstract provided.
Professional Identity As Advocacy,
2012
University of Baltimore School of Law
Professional Identity As Advocacy, Robert Rubinson
All Faculty Scholarship
The legal profession adheres to a story of a unified profession. Nevertheless, the profession has distinct professional sub-groups which repeatedly represent clients with interests adverse to those represented by attorneys who identify with other sub-groups. The idea of "professional identity as advocacy" describes how such professional sub-groups accuse opposing subgroups of greed, self-aggrandizement, or worse. This is most notable in two areas: personal injury litigation and criminal cases. This process has two seemingly contradictory consequences. First, it renders narrow areas extraordinarily visible, thus defining popular discourse and conceptions about lawyers and law. Second, it masks vast areas of litigation and …
Clarification Needed: Fixing The Jurisdiction And Venue Clarification Act,
2012
Stanford Law School
Clarification Needed: Fixing The Jurisdiction And Venue Clarification Act, William Baude
Michigan Law Review First Impressions
One hates to seem ungrateful. Judges and scholars frequently call for Congress to fix problems in the law of jurisdiction and procedure, and Congress doesn't usually intervene. In that light, the Jurisdiction and Venue Clarification Act ("JVCA"),[1] signed into law on December 7, 2011, ought to be a welcome improvement. And hopefully, on balance, it will be. But in at least one area that it attempts to clarify, the JVCA leaves much to be desired. Professor Arthur Hellman has called the JVCA "the most far-reaching package of revisions to the Judicial Code since the Judicial Improvements Act of 1990."[2] The …
Res Or Rules - Patents And The (Uncertain) Rules Of The Game,
2012
Indiana University Robert H. McKinney
School of Law
Res Or Rules - Patents And The (Uncertain) Rules Of The Game, Emily Michiko Morris
Michigan Telecommunications & Technology Law Review
The Article proceeds as follows. Part I reviews the basics of patent claiming, the traditional view of claims as real property deeds, and why uncertainty as to the boundaries of those deeds is considered undesirable. Part II critiques the analogy between real property deeds and patent claims, highlighting in particular the requisite novelty and conceptual nature of the patent res, the differences between the purposes of the patent system and real property regimes, and the effect of these different purposes on the expected predictability of patent boundaries. Part III then changes the analogy from patent claims as property deeds to …
The Dog That Didn't Bark: Private Investment Funds And Relational Contracts In The Wake Of The Great Recession,
2012
University of Oregon School of Law
The Dog That Didn't Bark: Private Investment Funds And Relational Contracts In The Wake Of The Great Recession, Robert C. Illig
Michigan Business & Entrepreneurial Law Review
In the aftermath of the subprime mortgage crisis, the contract rights of numerous hedge funds and venture capital funds were breached. These contracts were complex and sophisticated and had been negotiated at great time and expense. Yet despite all of the assumptions of neo-classical contracts theory, nothing happened. Practically none of these injured parties sued to enforce their rights. Professor Illig uses this dearth of litigation to conduct a form of natural experiment as to the value of contract law. Discrete market participants contracted before the crash and then pursued their rights in court afterwards, while relational market participants contracted …
Judges! Stop Deferring To Class-Action Lawyers,
2012
Georgetown University Law Center
Judges! Stop Deferring To Class-Action Lawyers, Brian Wolfman
University of Michigan Journal of Law Reform Caveat
I represent a national non-profit consumer rights organization, as an amicus, in a federal appeal challenging a district court’s approval of a class-action settlement of claims under the federal Credit Repair Organization Act (CROA). My client maintains that the district court erred in finding that the settlement was “fair, reasonable, and adequate,” which is the standard for class-action settlement approval under the Federal Rules of Civil Procedure. In particular, we argue that the district court committed a reversible legal error when it deferred to the class-action lawyers’ recommendation to approve the settlement because, in those lawyers’ view, it was fair, …
“Early-Bird Special” Indeed!: Why The Tax Anti-Injunction Act Permits The Present Challenges To The Minimum Coverage Provision,
2012
Duke Law School
“Early-Bird Special” Indeed!: Why The Tax Anti-Injunction Act Permits The Present Challenges To The Minimum Coverage Provision, Neil S. Siegel, Michael C. Dorf
Faculty Scholarship
In view of the billions of dollars and enormous effort that might otherwise be wasted, the public interest will be best served if the Supreme Court of the United States decides the present challenges to the Patient Protection and Affordable Care Act (ACA) during its October 2011 Term. Potentially standing in the way, however, is the federal Tax Anti-Injunction Act (TAIA), which bars any “suit for the purpose of restraining the assessment or collection of any tax.” The dispute to date has turned on the fraught and complex question of whether the ACA's exaction for being uninsured qualifies as a …
Business Interests And The Long Arm In 2011,
2012
Duke Law School
Business Interests And The Long Arm In 2011, Paul D. Carrington
Faculty Scholarship
No abstract provided.
