Section 1983 Wrongful Death And Survival Actions In The Seventh Circuit: An Indiana Litigant's Guide To Claims After Russ V. Watts,
2011
Indiana University School of Education
Section 1983 Wrongful Death And Survival Actions In The Seventh Circuit: An Indiana Litigant's Guide To Claims After Russ V. Watts, Michelle R. Gough
Indiana Law Journal
The availability of survival and wrongful death damages in 42 U.S.C. § 1983 cases is an area that involves both changing precedent and unaddressed issues within the Seventh Circuit. In both of the aforementioned types of claims, the cases will necessarily involve the tangled application of both state and federal law, and the Seventh Circuit and other federal courts of appeals have struggled to provide a clear, coherent approach to these issues. Indeed, there is strong disagreement among the circuits. Dean Steven H. Steinglass offered the most comprehensive discussion of the nature of both types of claims under § 1983 …
Ask And What Shall Ye Receive? A Guide For Using And Interpreting What Jurors Tell Us,
2011
Michigan State University College of Law
Ask And What Shall Ye Receive? A Guide For Using And Interpreting What Jurors Tell Us, Barbara O'Brien, Samuel R. Sommers, Phoebe C. Ellsworth
Articles
We review the extensive body of studies relying on jurors' self-reports in interviews or questionnaires, with a focus on potential threats to validity for researchers seeking to answer particularly provocative questions such as the influence of race in jury decision-making. We then offer a more focused case study comparison of interview and questionnaire data with behavioral data in the domain of race and juror decision-making. Our review suggests that the utility of data obtained from juror interviews and questionnaire responses varies considerably depending on the question under investigation. We close with an evaluation of the types of empirical questions most …
The Price Of Access To The Civil Courts In Australia: Old Problems And New Solutions - A Commercial Litigation Funding Case Study,
2011
Dalhousie University Schulich School of Law
The Price Of Access To The Civil Courts In Australia: Old Problems And New Solutions - A Commercial Litigation Funding Case Study, Camille Cameron
Articles, Book Chapters, & Popular Press
In the past decade litigation funding companies have assumed an increasingly prominent role in commercial litigation and class actions in Australia. The growth of commercial litigation funding is a predictable response to various features of Australia’s costs and fee allocation rules and practices, including the “loser pays” rule, the prohibition on lawyer’s charging contingency fees, the hourly billing practices of lawyers, and the open-ended and unpredictable nature of much civil litigation. This chapter explores the growth of commercial litigation funding in Australia and uses it as a window through which to view how Australia’s costs and fee allocation rules operate …
Defining Civil Disputes: Lessons From Two Jurisdictions,
2011
Dalhousie University Schulich School of Law
Defining Civil Disputes: Lessons From Two Jurisdictions, Camille Cameron, Elizabeth Thornburg
Articles, Book Chapters, & Popular Press
Court systems have adopted a variety of mechanisms to narrow the issues in dispute and expedite litigation. This article analyses the largely unsuccessful attempts in two jurisdictions - the United States and Australia - to achieve early and efficient issue identification in civil disputes. Procedures that rely on pleadings to provide focus have failed for centuries, from the common (English) origins of these two systems to their divergent modern paths. Case management practices that are developing in the United States and Australia offer greater promise in the continuing quest for early, efficient dispute definition. Based on a historical and contemporary …
No Harm, No Foul? Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases,
2011
University of Michigan Law School
No Harm, No Foul? Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran
Articles
The application of a harmless error standard by appellate courts reviewing erroneous denials of counsel in child protective cases undermines a critical procedural right that safeguards the interests of parents and children. Case law reveals that trial courts, on numerous occasions, improperly reject valid requests for counsel, forcing parents to navigate the child welfare system without an advocate. Appellate courts excuse these violations by speculating that the denials caused no significant harm to the parents, which is a conclusion that a court can never reach with any certainty. The only appropriate remedy for this significant problem is a bright-line rule …
A New Role For Secondary Proceedings In International Bankruptcies,
2011
University of Michigan Law School
A New Role For Secondary Proceedings In International Bankruptcies, John A. E. Pottow
Articles
Secondary proceedings-the ugly stepsisters to main proceedings-get short shrift in international bankruptcy scholarship. This article seeks to remedy that deficiency. First, it describes what it argues are the traditional conceptions-both stated and implicit-of secondary proceedings in international bankruptcies. Second, it offers a revised way of thinking about secondary proceedings, proposing to restrict their scope through the use of "synthetic" hearings. Third, it addresses some problems with the proposed new role of secondary proceedings and sketches a possible solution involving the creation of an international priorities registry.
State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation,
2011
University of Kentucky College of Law
State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries
Law Faculty Scholarly Articles
This Article begins by reviewing Wesley Newcomb Hohfeld's “fundamental conceptions” and expanding his theory to the arena of state constitutional rights, building on recent work by other scholars. From this foundation, it moves to a discussion of the sources of rights to education. The Article then examines the text of relevant state constitutional provisions, as well as the ever-changing landscape of school finance litigation, the principal vehicle through which litigants assert constitutional claims based on ostensible education rights. Next, it systematically analyzes the population of reported cases from the highest state courts to identify Hohfeldian conceptions of education rights held …
Checks, Balances And Judicial Wizardry: Constitutional Delegation And Congressional Legislation,
2011
University at Buffalo School of Law
Checks, Balances And Judicial Wizardry: Constitutional Delegation And Congressional Legislation, Robert I. Reis
Journal Articles
No abstract provided.
Table Of Contents,
2011
Suffolk University
Table Of Contents, Jtaa Editors
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Editor's Note,
2011
Suffolk University Law School
Editor's Note, Matthew E. Christoph
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Limits Of Extraordinary Power: A Survey Of First-Degree Murder Appeals Under Massachusetts General Laws Chapter 278, Section 33e,
2011
Suffolk University Law School
The Limits Of Extraordinary Power: A Survey Of First-Degree Murder Appeals Under Massachusetts General Laws Chapter 278, Section 33e, Stephanie Hartung Roberts
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Lights, Camera, Mistrial: Conflicting Federal Court Local Rules And Conflicting Theories On The Aggregate Effect Of Cameras On Courtroom Proceddings,
2011
Suffolk University Law School
Lights, Camera, Mistrial: Conflicting Federal Court Local Rules And Conflicting Theories On The Aggregate Effect Of Cameras On Courtroom Proceddings, Jacob Marvelley
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Rethinking The Additur Question In Federal Courts,
2011
Suffolk University Law School
Rethinking The Additur Question In Federal Courts, Joseph R. Posner
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Arbitration - United States Supreme Court Sounds The Death Knell For Class Arbitration - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., 130 S. Ct. 1758 (2010),
2011
Suffolk University Law School
Arbitration - United States Supreme Court Sounds The Death Knell For Class Arbitration - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., 130 S. Ct. 1758 (2010), Keerthi Sugumaran
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Leading By Example: Why The First Circuit Should Adopt A Medical Peer-Review Privilege,
2011
Suffolk University Law School
Leading By Example: Why The First Circuit Should Adopt A Medical Peer-Review Privilege, Jared M. Levin
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Testimonial Nature Of Multidisciplinary Team Interviews In Massachusetts: Applying Crawford To The Child Declarant,
2011
Suffolk University Law School
The Testimonial Nature Of Multidisciplinary Team Interviews In Massachusetts: Applying Crawford To The Child Declarant, Laura E. Ruzzo
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
The Naked Truth: An In-Depth Look Into The Question Of Hearsay Admissibility At Probation Violation Hearings In Massachusetts, The Application Of Rule 6, And What It All Means For The Future Of The Massachusetts Probation System,
2011
Suffolk University Law School
The Naked Truth: An In-Depth Look Into The Question Of Hearsay Admissibility At Probation Violation Hearings In Massachusetts, The Application Of Rule 6, And What It All Means For The Future Of The Massachusetts Probation System, Ashley Wirth
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Civil Procedure - Intra-Military Immunity Doctrine Applies To Dual Status Technicians - Zuress V. Donley, 606 F.3d 1249 (9th Cir. 2010),
2011
Suffolk University Law School
Civil Procedure - Intra-Military Immunity Doctrine Applies To Dual Status Technicians - Zuress V. Donley, 606 F.3d 1249 (9th Cir. 2010), J. T. Baker
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
Civil Procedure - Supplemental Jurisdiction And The Expansion Of The Independent Basis For Subject Matter Jurisdiction Requirement - Global Naps, Inc. V. Verizon New England, Inc., 603 F.3d 71 (1st Cir. 2010),
2011
Suffolk University Law School
Civil Procedure - Supplemental Jurisdiction And The Expansion Of The Independent Basis For Subject Matter Jurisdiction Requirement - Global Naps, Inc. V. Verizon New England, Inc., 603 F.3d 71 (1st Cir. 2010), Randall Gleason
Suffolk Journal of Trial and Appellate Advocacy
No abstract provided.
D Is For Digitize: An Introduction,
2011
New York Law School
D Is For Digitize: An Introduction, James Grimmelmann
NYLS Law Review
No abstract provided.
