Subject Index

American Journal of Trial Advocacy

SUBJECT MATTER INDEX
Volumes 1-22
1977-1999

Some of the materials below are available in bound reprint form and may be ordered from the Journal for a reasonable fee. If you wish to purchase copies of back issues, contact William W. Hein & Co., Inc., 1285 Main Street, Buffalo, NY, 14209 (800/828-7571). Click on a letter to browse the alphabetical listing of articles by subject matter.

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Abortion

Constitutional Law--Abortion Consent Forms 5:166

Constitutional Law--Funding of Abortions Under the Medicaid Program--Constitutionality of the Hyde Amendment 4:708

Medical Malpractice in Abortion Cases 3:259

Abuse of Power

Rule 65 and Judicial Abuse of Power: A Modest Proposal for Reform 19:87

Accountants

A Basic Approach to Accountants' Liability 4:299

Accountants' Liability to Third Parties for Negligent Misrepresentation: Should There be a Uniform Standard? 14:133

Torts--Ohio Allows Malpractice Claims Against Accountants by Third Parties Without Privity 6:361

Administrative Law

Litigating the SEC's Ancillary Enforcement Remedies Following Central Bank and Its Progeny 21:67

Litigation Under the Federal Mine Safety and Health Act Today 16:305

The Timing of Judicial Review of Administrative Decisions: The Use and Abuse of Overlapping Doctrines 11:83

Admiralty

Admiralty--Torts--Pre-Judgment Interest May Not Be Awarded in Personal Injury and Death Claims 7:631

Admiralty--Traditional "Navigable Waters" Test Held Applicable for the Maritime Employment Requirement 6:495

Admiralty--Vessels Without a Nationality Are Subject to United States Jurisdiction 8:335

Torts--Admiralty--Seamen's Injuries 6:364

Wrongful Death Claims of Maritime Workers 17:151

Admissibility

A Review of the Admissibility of Novel Scientific Evidence 17:741

Admissibility of Expert Testimony in Hearsay Form 5:277

Computer-Generated Exhibits--Demonstrative, Substantive, or Pedagogical--Their Place in Evidence 18:1

Day in the Life Films: New Limitations on Admissibility 4:357

Delusion or Despair: The Concept of Limited Admissibility in the Law of Evidence 13:781

Documentary Evidence in Civil Cases 20:607

Evidence--Admissibility of Post-Accident Design Change in Products Liability Actions 5:369

Evidence--Admission of Testimony Obtained by Hypnosis 5:547

Evidence--Evidence of Polygraph Test and Testimony of Polygraph Held Inadmissible in Criminal Trial 5:554

Evidence--Hypnotically Refreshed Testimony Ruled Inadmissible 5:549

Evidence--Ohio Holds State Rules of Evidence Allow Admission of "Voice-Print" Analysis as Scientific Evidence 7:187

Ex parte Snell: The Expanding Controversy of the Admissibility of Prior Statements 19:435

Exclusion of Evidence--23 U.S.C. § 409: Evidentiary Bar for Railroad Crossing Evaluations 19:471

Litigating the Admissibility of Co-conspirators' Statements: A Defense Attorney's Perspective 18:325

Products Liability--Admissibility of State of the Art Evidence 3:594

State v. Brown: The Admissibility of Hypnotically Refreshed Testimony in a Criminal Trial 18:231

The Admissibility of Other Similar Incident Evidence: A Three-Step Approach 15:541

The Courts' Reaction to Rock v. Arkansas: The Admissibility of a Witness's Testimony After He Has Been Hypnotized 15:559

The Polygraph, Hypnosis, Truth Drugs and the Psychological Stress Evaluator: Admissibility in a Criminal Trial 4:593

United States v. Dotson: When Should Opinion Testimony as to the Truth and Veracity of a Witness Be Allowed? 12:497

United States v. Piccinonna: Admitting Polygraph Tests 13:863

Adoption

Family Law--Adoption 2:383

Family Law--Adoption Records 2:189

Family Law--Right of Adoptee to View Adoption Records 3:585

Family Law--Rights of Natural Father After Adoption of Children by Stepfather 4:216

Affirmative Action

Affirmative Action in the Wake of Weber 4:97

Is Preferential Treatment Justified in Voluntary Affirmative Action Programs? 12:99

Affirmative Defense

Motion to Strike Affirmative Defenses--The Equivalent of Partial Summary Judgment? 13:645

Products Liability--Misuse of Product as an Affirmative Defense in Products Liability Actions 4:500

Age Discrimination in Employment Act (ADEA)

Coming of Age: Unique and Independent Treatment of the ADEA 7:583

Employment Discrimination--O'Connor v. Consolidated Coin Caterers Corp.: Broadening the Scope of Age Discrimination Claims Under the ADEA 20:211

Employment Law--Debating Individual Liability Under Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act 19:677

Tax--Commissioner v. Schleier: Taxability of ADEA Damage Awards 19:705

AIDS

AIDS: Issues in the Law 10:527

The Impact of the Americans with Disabilities Act on AIDS Discrimination in the Workplace 19:623

Tort Law--Actual Exposure or Possible Exposure?: The AIDS Phobia Debate--Are Courts Opening the Litigation Floodgates or Illustrating Judicial Proscription? 22:495

Alabama's Extended Manufacturer's Liability Doctrine (AEMLD)

Alabama's Extended Manufacturer's Liability Doctrine 13:983

Alcohol Vendor Liability

Lee v. Kiku Restaurant: Allocation of Fault Between an Alcohol Vendor and a Patron--What Could Happen After Providing "One More for the Road" 17:269

Alternative Dispute Resolution

Agent Orange Revisited: Alternatives to Litigation 6:323

Confidentiality in Mediation: The Best Protection Has Exceptions 19:411

Contracts--Arbitration Agreements: When Does the Federal Arbitration Act Preempt State Law? 19:691

Malpractice--Mediation Panels 2:391

Mandatory Arbitration Clauses in Employee Handbooks: Will They Survive Judicial Scrutiny? 22:591

Medical Malpractice--Arbitration and Mediation Panels 3:361

Medical Malpractice--Constitutionality of Statutory Mediation Panels 4:816

Negotiation: Dispute Resolution as an Effective Alternative to Trial 6:481

Should Judges Grease the Slow Wheels of Justice? A Survey on the Effectiveness of Judicial Mediary Techniques 8:83

The Role of Experts in Securities Arbitrations 16:721

Americans with Disabilities Act (ADA)

Americans with Disabilities Act: Impact Upon Workers' Compensation--Friend or Foe? A Primer for the Corporate Insurance Department and Outside Counsel 17:637

Employment Law--Debating Individual Liability Under Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act 19:677

Employment Law--Warning to the Disabled: Applying for Disability Benefits May Prevent You From Claiming to Be "Qualified" Under the ADA 20:669

The Impact of the Americans with Disabilities Act on AIDS Discrimination in the Workplace 19:623

Animals

Clemmons v. Fidler: Is Man's Best Friend a Landlord's Worst Enemy? 19:197

Anti-dumping Litigation

Litigation in the Court of International Trade 17:719

Antitrust

Antitrust--Contribution Among Joint Tortfeasors in Antitrust Litigation 3:316

Antitrust--Exemptions to the Antitrust Laws 2:169

Antitrust--Private Antitrust Suits and New Remedies 2:172

Antitrust--Private Antitrust Suits and Standing to Sue 3:313

Antitrust--Procedure and Enforcement 2:170

Antitrust--Proof of Intent in Illegal Per Se Offenses 3:315

Antitrust--Rule of Reason Versus Per Se Analysis 2:173

Antitrust--Rule of Reason Versus Per Se Analysis 3:317

Appeal

Appellate Standard of Review: Friend or Foe? 13:887

Civil Procedure--60(b) Motion After Notice of Appeal is Filed 3:533

Civil Procedure--Appeals--Finality Doctrine 3:324

Civil Procedure--Relation Back in Removed Cases and Interlocutory Appeal 5:140

Criminal Procedure--U.S. District Court Order of Acquittal When a Jury Has Been Discharged Without Reaching a Verdict Is an Acquittal for Purpose of Double Jeopardy Clause and Is Not Appealable 1:181

Federal Appellate Advocacy in the 1980s 5:63

Federal Civil Procedure--Class Actions--28 U.S.C.§ 1292(a)(1) Held to Be an Inappropriate Jurisdictional Predicate Upon Which to Base an Interlocutory Appeal After a Denial of Class Action Certification 1:376

How to Brief and Argue a Federal Criminal Appeal: The Best Approach 12:191

Motions in Limine--Preserving Error on Appeal When a Party Loses a Motion in Limine 18:485

Preparation and Delivery of Oral Argument in Appellate Courts 22:571

Practices and Strategies for a Successful Appeal 16:617

Preparation and Delivery of Oral Argument in Appellate Courts 22:571

Preserving Issues for Appeal: How to Make a Record at Trial 18:87

Silver v. Castle Memorial Hospital: The Doctor is Out! Judicial Review of Medical Staff Appointments 20:197

United States v. Martinez on Appeal: The Disturbing Anatomy of Harmless Error 21:269

Arbitration

Contracts--Arbitration Agreements: When Does the Federal Arbitration Act Preempt State Law? 19:691

Mandatory Arbitration Clauses in Employee Handbooks: Will They Survive Judicial Scrutiny? 22:591

Medical Malpractice--Arbitration and Mediation Panels 3:361

Protecting the Rights of Investors in the International Arena: A Case for Binding Arbitration 21:523

The Role of Experts in Securities Arbitrations 16:721

Asbestos Litigation

Asbestos Litigation: A Trend Toward the Discovery Rule 8:315

Assault

Representation of Women Who Defend Themselves in Response to Physical or Sexual Assault 2:19

Torts--Criminal Assault by Third Parties--"Fairness" Test Used to Hold Premises Owner/Lessor Liable Following Repeated Assaults on the Premises 1:207

Workers' Compensation--Assault by a Co-Employee 3:609

Attorney Advertising

Attorneys--Advertising 4:119

Attorneys--Advertising--First Amendment Protects Truthful Newspaper Advertisement of Prices for Routine Legal Services 1:149

Attorneys--Advertising--Letters 2:347

Attorneys--Solicitation 2:175

Attorneys--State Court Holds that an Out of State Law Firm Can Advertise Within the State Only if the Named Counselors Are Members of that State's Bar 6:186

Can I Say That in This Advertisement? Twenty Years of Attorney Advertising 20:409

Seven Years of the Bates Doctrine: Progression or Confusion? 7:611

Attorney-Client Privilege

See Privileges

Attorney Selection

Report on Selection of Outside Counsel by Corporations (ACCA) 22:95

Attorneys' Fees

Attorneys--Appointed Counsels' Fees--Compensation in Excess of Statutory Maximums Allowed for Protracted Litigation Under Extraordinary Circumstances 1:321

Attorneys--Attorney's Fee Award for Pro Se Representation Under the Truth in Lending Act 4:378

Attorneys--Attorney's Fees--Equal Employment Opportunity Claims 3:517

Attorneys--Existence of a Contingent Fee Agreement Does Not Bar Recovery of Attorney's Fees Under 42 U.S.C. § 1988 But Does Set the Ceiling for the Maximum Allowable Fee 6:497

Attorneys--Fees 4:122

Attorneys--Intervenors on the Side of the U.S. in a Voting Rights Act May Recover Attorney's Fees if They Are the "Prevailing Party" 6:498

Attorneys--Organizational Attorney's Right to Attorney's Fee Awards Under U.S.C. § 1988 4:375

Attorneys--Recovery of Attorney's Fees Under 42 U.S.C. § 1988 4:389

Attorneys--Trial Courts Power to Deny Attorney's Fee Awards Under 42 U.S.C. § 1988 4:371

Bona Fide Attorney Fees Are Not Forfeitable Under the Comprehensive Forfeiture Act of 1984: United States v. Rogers 9:487

Civil Procedure--Motion for Award of Attorney's Fees 3:536

Civil Rights--Recovery of Attorney Fees in Civil Rights Proceedings After Settlement 3:333

Does a Good Result Beat a Cheap Legal Fee? 19:1

Recoverability of Corporate Counsel Fees in Insurance Coverage Disputes 20:1

Recovery of Computer-Assisted Research Charges in Federal Court: Putting Some Byte in Federal Fee and Cost Shifting Statutes 9:265

Aviation

Aviation Products Liability as the Cause of the Decline in Small Aircraft Manufacturing: An Examination of Possible Solutions 19:171

Dismissing the Warsaw Defense in International Aviation Litigation 1:283

B (return to top)

Bad Faith

Contractual Privity as an Element of Bad Faith Failure to Settle: Will Alabama Recognize an Excess Insurance Carrier's Standing to Sue a Primary Insurance Carrier? 18:467

Insurance--Bad Faith and First Party Extracontractual Damages 5:497

Selecting and Using Expert Witnesses in Bad Faith Cases 19:561

Squelching First Party Bad Faith Breach of an Insurance Contract: Aetna v. Lavoie, An Opportunity Lost 9:439

Bankruptcy

Bankruptcy--Automatic Stay Provision of the Bankruptcy Code Held Constitutional 7:632

Bankruptcy--Chapter 13--the Good Faith Requirement 6:501

Bankruptcy--In re Headrick: A Reply to the Questionable Applicability of Section 106 of the Bankruptcy Code 20:685

In re Chateaugay Corp.: To What Extent Are Contingent Claims and Injunctive Remedies Under CERCLA Dischargeable in Bankruptcy? 16:255

Representing the Judgment Creditor 16:1

To Exclude or Not to Exclude: The Dilemma of ERISA Pension Plans in the Realm of Bankruptcy 15:343

Bar Admission

Attorneys--Admission to Practice 3:321

Attorneys--Bar Admissions 3:520

Attorneys--Constitutionality of Statute Restricting Number of Times a Party Can Retake Bar Examination 4:383

Pro Hac Vice: Revitalizing a Wounded Specialty 4:23

Battered Women

Changes in the Law Affecting Battered Women: Past, Present, and Future 3:45

Family Law--Wife-Battering 2:386

Burden of Proof

Batson and Groups Other Than Blacks: A Strict Scrutiny Analysis 11:377

Criminal Law--State v. Jackson: Defining "Beyond a Reasonable Doubt" 20:435

Criminal Procedure--Peremptory Challenge and the Burden of Proof to Show a Violation of Equal Protection and Due Process 7:639

Easing the Employer's Burden of Proof in Title VII Cases 5:337

"Fixing" the Standard of Care: Motivated Athletes and Medical Malpractice 12:215

Jurors' Comprehension and Assessment of Probabilistic Evidence 16:361

Policy, Custom, or Practice: The Contours of Proof of Section 1983 Municipal Liability 10:477

Rogers v. Meridian Park Hospital: The Demise of the "Error in Judgment/Honest Mistake" Jury Instruction in American Medical Malpractice Trials 14:221

Summary Judgment: Taming the Beast of Burdens 10:433

The Burden of Proof and Procedural Fairness in Capital Cases 3:75

Business Law

An Asset Purchase: Is it Safe or is it a Trap for the Unwary? 10:393

Civil Procedure--Real Party in Interest--Business Trusts 4:699

Corporations--Successor Corporations and Their Liability in Personal Injury Cases 7:411

Dismissal of a Derivative Suit: The Zapata Test Can Work 8:485

Franchise Termination: An Analysis of the Implied Covenant of Good Faith in Franchise Agreements 12:325

Report on Planning and Budgeting of Legal Services for Corporations By Outside Counsel 18:429

Report on Selection of Outside Counsel by Corporations (ACCA) 22:95

Representing the Judgment Creditor 16:1

Shedding the Defense Mindset: Representing Corporate Plaintiffs in Complex Litigation 20:69

Understanding the Unusual Dynamics of Business Break-Up Litigation: Developing an Initial Litigation Checklist 21:565

C (return to top)

Capital Punishment

Civil Procedure--Stay of Execution of Judgment Granted Without Supersedeas Bond 5:352

Constitutional Law--Ex Post Facto Laws--Equal Protection--No Ex Post Facto Violation Where Defendant Given Death Sentence Pursuant to Constitutional State Statute, Even Though Crime Occurred When Death Penalty Was Governed by Earlier State Statutes, Which Were Later Held Unconstitutional 1:338

Criminal Law--Capital Punishment: Overbroad Interpretation of Capital Sentencing Statute 4:730

Criminal Law--Death Penalty 5:175

Criminal Law--Death Penalty Must be Reduced to Life Imprisonment if a Single Venireman Has Been Erroneously Excluded Under the Witherspoon Test for Conscientious Objection to Capital Punishment 1:177

Speaking the Truth: Voir Dire in the Capital Case 3:199

State v. Shaw: The Status of Juvenile Executions 10:171

The Burden of Proof and Procedural Fairness in Capital Cases 3:75

Causation

Toxic Shock Syndrome: Proving Causation Before Science Has 6:15

Trial by Lottery: The Misuse of Epidemiology and Statistics to Prove Causation in Drug and Chemical Litigation 12:19

Child Abuse

Child Protection and Family Preservation--A Delicate Balance 17:669

Civil Procedure--Tolling the Statute of Limitations: The Discovery Rule in Childhood Sexual Abuse Cases 19:237

Child Custody

Domestic Relations--The Homosexual Parent in Child Custody and Visitation Cases 6:509

Family Law--Custody 2:190

Family Law--Custody 4:486

Family Law--Custody Suits--Religious Beliefs of Parents 4:209

Family Law--Unwed Father's Right to Custody of Illegitimate Child 4:213

The Purpose, Planning, and Use of Depositions in Contested Child Custody Litigation 1:75

Child Support

Child Support and the Courts in the Year 2000 17:693

Divorce Law--Child Support--Statutory Change in Age of Majority Does Not Affect Parent's Duty of Support 1:193

Domestic Relations--Enforcement of Child Support Obligations Through Civil Contempt 6:347

Domestic Relations--Enforcing Child Support Past Majority 5:193

Family Law--Child Support 4:488

Family Law--Child Support to Step Children 4:473

Family Law--Enforcement of Child Support 4:212

Family Law--Visitation Rights and Child Support 2:192

Children's Defense Fund

Beat the Odds 16:569

Civil Procedure

An Up-Date on Rule 37 Sanctions After National Hockey League v. Metropolitan Hockey Clubs, Inc. 3:413

Civil Procedure--60(b) Motion After Notice of Appeal is Filed 3:533

Civil Procedure--Abstention 3:524

Civil Procedure--Amount in Controversy--Removal 3:327

Civil Procedure--Appeals--Finality Doctrine 3:324

Civil Procedure--Bensusan Restaurant Corp. v. King: Defining the Reach of the Jurisdictional Net Over the World Wide Web 21:693

Civil Procedure--Citizenship for Diversity Jurisdiction 4:131

Civil Procedure--Collateral Estoppel and Res Judicata 4:397

Civil Procedure--Collateral Estoppel: The Effect of a Prior Criminal Conviction in a Subsequent Civil Action 7:405

Civil Procedure--Compromise and Settlement 4:400

Civil Procedure--Consignee as Real Party in Interest 4:679

Civil Procedure--Court Requires Deponent to Answer Question Despite Claim of "Academic Freedom Privilege" 5:519

Civil Procedure--Discovery 2:356

Civil Procedure--Due Process 2:351

Civil Procedure--Due Process--Minimum Contacts--The Limits of Long-Arm Statutes 6:503

Civil Procedure--Due Process Limit on Long-Arm Statutes 4:126

Civil Procedure--Fifth Circuit Rules on Length of Texas Long-Arm Statute 5:524

Civil Procedure--Final Judgments on Individual Claims in Multiclaim Actions 4:690

Civil Procedure--Granting Attorney's Motion for Withdrawal in Anticipation of Perjural Testimony 5:520

Civil Procedure--In Personam Jurisdiction 5:133

Civil Procedure--In Personam Jurisdiction--Minimum Contacts 4:693

Civil Procedure--Intent and the Application of Judicial Estoppel: Equitable Shield or Judicial Heartbreak? 22:481

Civil Procedure--Jurisdiction 2:353

Civil Procedure--Jurisdiction--Due Process Requires That Quasi In Rem and In Rem Jurisdiction Rest Upon "Minimum Contacts" Standard of International Shoe Decision 1:325

Civil Procedure--Magistrates--Statutory Authority to Conduct Trials By Consent 5:347

Civil Procedure--Mandamus and Venue 4:392

Civil Procedure--Motion for Award of Attorney's Fees 3:536

Civil Procedure--Pendent Jurisdiction 3:527

Civil Procedure--Quasi In Rem 4:129

Civil Procedure--Real Party in Interest--Business Trusts 4:699

Civil Procedure--Relation Back in Removed Cases and Interlocutory Appeal 5:140

Civil Procedure--Res Judicata in Extraordinary Relief Actions 5:138

Civil Procedure--Res Judicata--Workman's Compensation Awards 4:703

Civil Procedure--Right of Foreign Corporations to Bring Compulsory Counterclaims and Third Party Complaints 4:687

Civil Procedure--Rule 36 Request for Admission--Matters Not Admitted or Denied Within the Established Time Limitation Are Not Necessarily Admitted 1:334

Civil Procedure--School District Required to Divulge Personal Data on Individual Students to Private Litigants Notwithstanding the Buckley Amendment 1:157

Civil Procedure--Service of Process 3:326

Civil Procedure--State Statute of Limitations and Fed. R. Civ. P. 3 in Diversity Actions 4:683

Civil Procedure--Statutory Jurisdiction 3:530

Civil Procedure--Stay of Execution of Judgment Granted Without Supersedeas Bond 5:352

Civil Procedure--Sua Sponte Certification of a Class Upheld in Products Liability Litigation 5:522

Civil Procedure--Summary Judgment 4:402

Civil Procedure--The Balancing Test of Forum Non Conveniens Upheld 5:517

Civil Procedure--Tolling the Statute of Limitations: The Discovery Rule in Childhood Sexual Abuse Cases 19:237

Civil Procedure--Woodson v. Fulton 4:399

Class Actions in Employment Discrimination: Balancing the Broad Remedial Provisions of Title VII with the Procedural Prerequisites of Rule 23 of the Federal Rules of Civil Procedure 1:299

Exceptions to the Clearly Erroneous Test After the Recent Amending of Rule 52(a) for the Review of Fact Based Upon Documentary Evidence 10:409

Federal Rule 23 Class Actions--The State and Federal Alternatives 2:135

Practical Aspects of the Excess Judgment Case 6:405

Preparation and Delivery of Oral Argument in Appellate Courts 22:571

Pre-judgment Remedies: A Proposed Federal Remedy Statute and Related Proposed Amendment to Federal Rule of Civil Procedure 64 11:219

Preventing Brushfires: Avoiding Procedural Traps in the Course of Litigation 11:203

Production of Results Under Rule 34 5:253

Rule 11: What is Reasonable? What is Proper? 13:729

Rule 65 and Judicial Abuse of Power: A Modest Proposal for Reform 19:87

What to Pack up in Your "Ole Kit Bag" for Discovery and Trial 22:351

Civil Rights

Affirmative Action in the Wake of Weber 4:97

Civil Rights--Appointment of Counsel 5:144

Civil Rights--Class-Based Discriminatory Intent Not Required to Establish a Cause of Action Under 42 U.S.C. § 1985(2) 5:527

Civil Rights--Conspiracy to Interfere with Civil Rights 3:330

Civil Rights--Constitutionality of At-Large Elections 4:413

Civil Rights--Discriminatory Intent Under Title VII 3:546

Civil Rights--Due Process Not Required in Temporary Suspension of Bus Routes for Students When Only a De Minimis Deprivation Results 6:331

Civil Rights--EEOC Actions for Class Relief 3:543

Civil Rights--Employer Held Not Liable for Wrongful Discharge of At Will Employee 5:528

Civil Rights--Employment Discrimination--Commission's Failure to Inform Aggrieved Federal Employees of Their Right to Bring a Personal Action did not Prevent the Thirty Day Period of Limitation from Running 1:161

Civil Rights--Equal Pay Under the Bennett Amendment 5:149

Civil Rights--Freedom of Religion as a Defense to Employment Discrimination Charges Under Title VII 5:154

Civil Rights--Judge Defers Standing of Plaintiff in Utero to Legislature 5:529

Civil Rights--Pregnancy Discrimination Act Applicable to Female Employees and Not Dependents of Employees 6:333

Civil Rights--Private Right of Action Under Bivens for Violation of Eighth Amendment Rights 3:540

Civil Rights--Redlining Practices of Insurance Companies Violative of Title VIII of the Civil Rights Act of 1968 3:541

Civil Rights--Reverse Discrimination--Benign Intent 4:136

Civil Rights--Rights of Pregnant Employees Under Title VII 5:146

Civil Rights--State Held to Possess Standing 5:530

Civil Rights--The Constitutional Right of Involuntarily Civilly Committed Mental Patient to Receive Treatment is Recognized 1:169

Civil Rights--The "Special Relationship" Doctrine as a Basis for School District Liability Under 42 U.S.C. § 1983 20:463

Civil Rights--Timely Filing Under Title VII 3:545

Civil Rights--Title IX--Private Cause of Action 3:329

Civil Rights--Use of § 1981 by White Plaintiffs Against Sectarian Educational Institutions 5:158

Coming of Age: Unique and Independent Treatment of the ADEA 7:583

Discriminatory Religious Services: The Exception to Practices Prohibited by Civil Rights Statutes 10:141

Easing the Employer's Burden of Proof in Title VII Cases 5:337

Employer Liability for Title VII Violations: What Did Congress Really Intend? 21:667

Title VII and Same-Sex Sexual Harassment: What Is the Proper Theoretical Basis for a Sexual Harassment Claim? 21:651

Employment Law--Debating Individual Liability Under Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act 19:677

Gender-Based Discrimination Under State Statutes Modeled After the Civil Rights Act of 1964: Washington's Response to the Question 10:573

Litigating the State Action Issue in Peremptory Challenge Cases 13:573

Pregnancy Disability Act: Its Conceptual Framework and Conceivable Future 3:295

The Civil Rights Act of 1991: Should the Supreme Court Apply it Retroactively? 17:773

The Nation's First Application of the Exhaustion Requirement of 42 U.S.C. § (e); "The Virginia Experience" 7:1

The Urgency Syndrome: The Government's Compelling Need to Administer Urinalysis Tests to Public Employees: Jones v. McKenzie 10:545

Class Actions

Civil Procedure--Sua Sponte Certification of a Class Upheld in Products Liability Litigation 5:522

Civil Procedure--Woodson v. Fulton 4:399

Claim-Jumpers Beware: Alabama Takes Another Look at Class Action Certification 22:211

Class Action Lawyers: Fools for Clients? 4:243

Class Action Settlement Collusion: Let's Not Sue Class Counsel Quite Yet . . . 22:605

Class Actions 2:358

Class Actions: A Primer 20:305

Class Actions--Gilman v. BHC Securities, Inc.: The Aggregation of Punitive Damages in Class Actions to Satisfy Amount in Controversy Requirements for Diversity Jurisdiction 21:401

Class Actions in Employment Discrimination: Balancing the Broad Remedial Provisions of Title VII with the Procedural Prerequisites of Rule 23 of the Federal Rules of Civil Procedure 1:299

Federal Rule 23 Class Actions--The State and Federal Alternatives 2:135

Small Claimant Class Actions: Deterrence and Due Process Examined 19:147

Clergy

Malpractice--Clergy Malpractice After F.G. v. MacDonell and Sanders v. Casa View Baptist Church 22:229

Silence Is Golden: Clergy Confidence and the Interaction Between Statutes and Case Law 22:31

Closing Argument

Acting Within the Law 8:115

An Essay on Jury Argument 1:27

Closing Argument 19:51

Closing Argument Procedure 10:47

Cross-Examination and Final Argument Concerning Plaintiff's Economic Expert in Wrongful Death Actions 2:235

Fund Raising in the Courtroom: Persuasive Presentation of General Damages 6:433

James L. Jackson v. Johnson Manville Sales Corp. et al.: Closing Argument on Behalf of the Plaintiff 7:127

Prosecutorial Misconduct in Closing Argument: Remedial Measures 8:397

The John Hinckley Trial: Argument on Behalf of the Defense 6:94

The John Hinckley Trial: Argument on Behalf of the Government 6:47

The Three Types of Closing Arguments 18:115

Cohabitation

Consortium Rights of Unmarried Cohabitants 9:145

Domestic Relations--Effects of Unmarried Cohabitation Upon Alimony 5:197

Family Law--Enforcing Agreements Between Unmarried Cohabitants 3:587

Family Law--Property Settlements Between Unmarried Cohabitants 2:387

Collateral Estoppel

Civil Procedure--Collateral Estoppel and Res Judicata 4:397

Civil Procedure--Collateral Estoppel: The Effect of a Prior Criminal Conviction in a Subsequent Civil Action 7:405

Criminal Law--Nonmutual Collateral Estoppel in Criminal Actions 4:761

Invoking Collateral Estoppel Offensively: The Ends of Justice . . . or the End of Justice? 4:75

Offensive Collateral Estoppel 6:257

Commercial Speech

RJR-MacDonald Inc. v. Attorney-General of Canada: The Quebec Court of Appeal Upholds the Tobacco Products Control Act 16:785

Salesmen in the Dorms: A Look at Board of Trustees of the State University of New York v. Fox and the New Twist in Commercial Speech Cases 13:957

Tobacco Advertising, Public Welfare, and Commercial Free Speech: Some Comparative Insights From the Canadian Experience 16:497

Comparative Negligence

Adoption of Comparative Negligence in Alabama: A Needed Judicial Reform 14:529

Daly v. General Motors, Corp.: Comparative Negligence as a Defense to Strict Liability 17:555

Pamela B. v. Hayden: Apportioning Liability Based Upon One's Fault Rather Than One's Pocketbook 18:701

Torts--Comparative Negligence--Florida Limits the Doctrine of Set-off to Cases Where Neither Party is Injured or Where the Liability Exceeds the Insurance Coverage 1:205

Torts--Contributory or Comparative Negligence as a Full or Partial Defense to a Strict Liability Action 7:200

Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA)

Environmental Crimes: The Boom in "Busting" Corporations and Their Responsible Officers 16:417

In re Chateaugay Corp.: To What Extent Are Contingent Claims and Injunctive Remedies Under CERCLA Dischargeable in Bankruptcy? 16:255

Computers and the Law

Civil Procedure--Bensusan Restaurant Corp. v. King: Defining the Reach of the Jurisdictional Net Over the World Wide Web 21:693

Computer-Generated Exhibits--Demonstrative, Substantive, or Pedagogical--Their Place in Evidence 18:1

Computer Related Litigation Using Tort Concepts 9:97

Computers and the Litigator 7:493

Electronic Discovery: Making Your Opponent's Computer a Vital Part of Your Legal Team 21:293

Garbage In, Garbage Out: The Need for New Approaches to Computer Evidence 9:411

Pretesting All Phases of a Jury Trial With the Aid of a Microcomputer 9:53

Recovery of Computer-Assisted Research Charges in Federal Court: Putting Some Byte in Federal Fee and Cost Shifting Statutes 9:265

The Basics of Internet Domain Names and Trademark Infringement 21:585

Confidentiality

Confidentiality in Mediation: The Best Protection Has Exceptions 19:411

Preventing Manufacturer Compelled Disclosure of Confidential Information Contained in Voluntarily Submitted Adverse Event Reports 19:265

The First Amendment and Confidentiality Orders Since Seattle Times v. Rhinehart 13:681

Conflicts of Interest

Conflicts of Interest Between Insurer and Insured: Ethical Traps for the Unsuspecting Defense Counsel 17:101

L&S Roofing Supply Co. v. St. Paul Fire & Marine Insurance Co.: Conflict of Interest in Reservation of Rights Situations 12:367

Conflicts of Law

Choice of Law--Abandoning the "Toothless Old Dog" of Lex Loci Delecti in Tort Actions 20:443

Choice-of-Law Approaches in Tort Actions 16:859

Constitutional Law

A Federal Habeas Corpus Primer 4:51

A New Standard for Acquittal (Jackson v. Virginia) 4:17

Alabama v. White: The Constitutionality of Anonymous Telephone Tips in Support of "Reasonable Suspicion" and the Narrowing of Fourth Amendment Protections 14:605

Attorneys--Constitutionality of Statute Restricting Number of Times a Party Can Retake Bar Examination 4:383

Attorneys--Requirement that Attorney Pay Expenses for Defense of Indigent Client Held Unconstitutional Without Reimbursement 6:184

Bankruptcy--Automatic Stay Provision of the Bankruptcy Code Held Constitutional 7:632

BMW of North America, Inc. v. Gore [Supreme Court Brief] 20:103

Can I Say That in This Advertisement? Twenty Years of Attorney Advertising 20:409

Civil Rights--Constitutionality of At-Large Elections 4:413

Civil Rights--Private Right of Action Under Bivens for Violation of Eighth Amendment Rights 3:540

Civil Rights--The Constitutional Right of Involuntarily Civilly Committed Mental Patient to Receive Treatment is Recognized 1:169

Civil Rights--Use of § 1981 by White Plaintiffs Against Sectarian Educational Institutions 5:158

Colonial Pipeline v. Brown: Georgia Constructs a State Constitutional Limit on Punitive Damages 12:511

Constitutional Law--Abortion Consent Forms 5:166

Constitutional Law--Academic Freedom 4:427

Constitutional Law--Court Holds County Maintenance of Religious Symbol in Violation of Establishment Clause 6:337

Constitutional Law--Court Issues Guidelines Concerning Coerced Consent to Search and Seizure 5:533

Constitutional Law--Door-to-Door Solicitation 4:418

Constitutional Law--Drug Courier Profile: Certain Characteristics Displayed by an Individual Are Not Sufficient to Justify the Initial Stop 7:407

Constitutional Law--First Amendment--Newspersons' Privilege 5:161

Constitutional Law--First Amendment Protections Bow Before the Need to Develop Relevant Evidence 8:499

Constitutional Law--Freedom of Religion: Government Neutrality 5:163

Constitutional Law--Freedom of Speech Versus Right to Privacy--Shopping Center Solicitation 4:717

Constitutional Law--Funding of Abortions Under the Medicaid Program--Constitutionality of the Hyde Amendment 4:708

Constitutional Law--Michigan Court Joins Majority in Denying Judicial Review of Staffing Decisions of Private Hospitals 6:339

Constitutional Law--Residential Picketing 4:721

Constitutional Law--Restraint of Picketing--Violative of Free Speech 8:501

Constitutional Law--Retrospective Application of Parole Criteria May Violate Ex Post Facto Clause 6:189

Constitutional Law--Right to a Closed Criminal Trial 4:725

Constitutional Law--School Prayer 4:421

Constitutional Law--Search and Seizure--A Federal District Court Has Authority to Order the Technical Assistance of a Telephone Utility in Conjunction with Authorized Pen Register Surveillance 1:342

Constitutional Law--Search and Seizure--A Federal District Court Has Inherent Authority to Order the Technical Assistance of a Telephone Utility in Conjunction with Authorized Pen Register Surveillance 1:173

Constitutional Law--Second Circuit Distinguishes a Revolutionary Organization from a Religion 5:534

Constitutional Law--Sexually Oriented Businesses 4:424

Constitutional Law--Statute Prohibiting Possession of Police Radar Detector in Motor Vehicle Upheld 5:535

Constitutional Law--The Propriety of the Trial Court's Inquiry into the Jury's Numerical Division 6:191

Constitutional Law--The Right to Privacy and Freedom of Association 5:171

Constitutional Law--Use of Canines as Drug Detection Device Must Adhere to the Requirement of a Limited Search 6:193

Coram Nobis and the Right to Counsel 2:273

Cruzan v. Director, Missouri Department of Health and the Right to Die: Where Should the Line Be Drawn? 14:645

Direct Criminal Contempt and the Trial Attorney: Constitutional Limitations on the Contempt Power 14:243

Domestic Relations--Ex Parte Provision of Adult Abuse Act Ruled Constitutional 6:197

Equal Protection Under the Law: Improving Access to Civil Justice 20:331

Evidence Rule 403 After United States v. Old Chief 20:563

Evidence--Fifth Amendment Privilege in Civil Cases 4:461

Evidence--Jaffee v. Redmond: Supreme Court Recognition of Protected Psychotherapist Privilege 20:679

Family Law--Constitutionality of Juvenile Mental Health Commitment Procedures 3:579

Federal Preemption of Product Liability Law: Federalism and the Theory of Implied Preemption 15:435

Halberstam v. Welch: Economic Justice as a Means of Handgun Control? 7:377

Holmes v. Securities Investor Protection Corp.: The Supreme Court Restricts Civil RICO 16:447

Implied Consent Statutes: What is Refusal? 9:423

Joint Trials, Spillover Prejudice, and the Ineffectiveness of a Bar Limiting Instruction 9:21

Marby v. Johnson: The Supreme Court Sees the Forest Through the Trees, Reverses Plea Bargain Decision 8:267

Marital Communications After the Federal Rules of Evidence: New Privilege Interpretations of the Constitution 1:137

Medical Malpractice--Constitutionality of Statutory Mediation Panels 4:816

Michigan Department of State Police v. Sitz: Has the Supreme Court Let Public Sentiment Shroud the Constitution? 14:585

New Jersey v. T.L.O.: New Standard of Review of New Label? 9:157

Opening Statement: A Constitutional Right? 7:623

Pacific Mutual Life Insurance Co. v. Haslip [Supreme Court Brief] 15:105

Private Actions for Damages Resulting From an Environmental Public Nuisance: Overcoming the Barrier to Standing Posed By the "Special Injury" Rule 16:591

Products Liability--Statute Barring Product Liability Claims on Products in Use for Over Ten Years Held Unconstitutional 6:513

Property--Ordinances Found Constitutional--Exercise of Police Power 4:836

Property--The Regulation of Private Property for Public Purposes--Ordinances Found Unconstitutional: Compelling State Interest 4:828

Rhode Island v. Innis: A Fifth Amendment Case with Sixth Amendment Implications 4:339

Rights of the Terminally Ill 2:396

RJR-MacDonald Inc. v. Attorney-General of Canada: The Quebec Court of Appeal Upholds the Tobacco Products Control Act 16:785

Salesmen in the Dorms: A Look at Board of Trustees of the State University of New York v. Fox and the New Twist in Commercial Speech Cases 13:957

Search and Seizure--Warrantless Search of Family Day Care Homes Held Constitutional Under "Pervasively Regulated Business" Exception 8:325

South Dakota v. Neville--A Further Diminution of the Self-Incrimination Privilege 6:485

Sovereign Immunity: The King Can Do No Wrong 8:471

St. Mary's Honor Center v. Hicks: Is the Supreme Court's Definition of Pretext Beneficial or Detrimental to Title VII Plaintiffs? 18:213

State-Federal Jurisdiction: A De Facto Merger? 4:333

Statutes--Statutory Interpretation: Which Statute Applies When the Same Subject Is Covered by More Than One Statute? 7:425

Student First Amendment Rights in the Public School Setting: A Topic of Increased Litigation 6:163

Students' First Amendment Rights: Gone With the Wind? 11:173

Survey of State "Good-Time" Laws 8:57

The Bell Tolls for Thee: But When? Legal Acceptance of "Brain Death" as a Criteria for Death 9:331

The Burden of Proof and Procedural Fairness in Capital Cases 3:75

The Civil Rights Act of 1991: Should the Supreme Court Apply it Retroactively? 17:773

The Confounding Prong of the Harlow v. Fitzgerald Qualified Immunity Test: When is a Constitutional Right Clearly Established? 17:797

The Erie Doctrine and Nonunanimous Civil Jury Verdicts 4:665

The First Amendment and Confidentiality Orders Since Seattle Times v. Rhinehart 13:681

The Inventory Exception to the Fourth Amendment Warrant Requirement: Why the Last in Should be the First Out--Or, Putting Opperman and Bertine in Their Place 12:273

The Nation's First Application of the Exhaustion Requirement of 42 U.S.C. § (e); "The Virginia Experience" 7:1

The Need for "Time and Freshness of Mind" 6:311

Tobacco Advertising, Public Welfare, and Commercial Free Speech: Some Comparative Insights From the Canadian Experience 16:497

Tort Reform and the Constitution 10:287

United States v. Doe: Fifth Amendment Protection from the Compulsory Production of Documents 8:293

United States v. Sun Myung Moon: The Right of an Unpopular Defendant to a Bench Trial 8:445

Urinalysis Drug Tests: Do They Make the Grade? 11:491

Vampire or Dinosaur: A Time to Revisit Schmerber v. California? 19:503

Wading Through the Procedural Marshes of Original Jurisdiction Guided by the Tidelands Cases: A Trial Before the United States Supreme Court 11:65

What Can the Defense Attorney Say at a "Pre-formal Charge" Press Conference? Gentile v. State Bar of Nevada Puts a Porous Gag on Trial Lawyers 15:269

Construction Law

Construction Management: Evolving Roles and Exposure of Construction Managers and Architects/Engineers 12:55

From Buyer Beware to Builder Beware--The Subsequent Purchaser's Cause of Action Against the Builder 11:143

Government Contractor Defense--Absolute Immunity for the Product Maker 12:1

Proof Development for Construction Litigation 7:433

Consumer Protection

Fair Debt Collection Practices Act: Confusion in Compliance and a Continuing Increase in Litigation 20:15

Contract Law

Austin Hill Country Realty, Inc. v. Palisades Plaza, Inc.: The Commercial Landlords' Duty to Mitigate Upon Tenants' Breach 22:695

Brown v. Fritz: A Further Restriction on the Recovery of Damages for Emotional Distress Arising From a Breach of Contract 14:203

Contracts--Arbitration Agreements: When Does the Federal Arbitration Act Preempt State Law? 19:691

Contracts--Competitive Bidding and Disappointed Bidders 4:438

Contracts--Insurance Clauses 4:430

Contracts--Quantum Meruit and Unjust Enrichment 4:434

Contracts to Split Lottery Prizes: What Happens When the Ticket is a Winner? 18:201

Contractual Privity as an Element of Bad Faith Failure to Settle: Will Alabama Recognize an Excess Insurance Carrier's Standing to Sue a Primary Insurance Carrier? 18:467

Domestic Law--Antenuptial Agreement Upheld in Case of First Impression in Massachusetts 5:541

Landlord-Tenant--Alabama Supreme Court Declares Exculpatory Clauses in Residential Leases Void as Against Public Policy Where Not "Bargained For" 7:649

Medication Malpractice: Claims, Culprits and Defenses 16:65

Reversal of a Trend? A Lost Hope for Parentally Funded Higher Education in Jones v. Jones 9:347

Squelching First Party Bad Faith Breach of an Insurance Contract: Aetna v. Lavoie, An Opportunity Lost 9:439

Warranties--Implied Warranty of Fitness 3:378

Warranties--Implied Warranty of Merchantability 3:376

Warranties--New Housing: Implied Warranty of Habitability 3:375

Conversion

Effects of Conversion and Trade Custom on Article 2 Titles 11:277

Copyrights

Intellectual Property--Copyright Licensing Agreements: In Contemplation of Future Technology 19:485

Corporate Law

Americans with Disabilities Act: Impact Upon Workers' Compensation--Friend or Foe? A Primer for the Corporate Insurance Department and Outside Counsel 17:637

An Asset Purchase: Is it Safe or is it a Trap for the Unwary? 10:393

Corporations--Successor Corporations and Their Liability in Personal Injury Cases 7:411

Dismissal of a Derivative Suit: The Zapata Test Can Work 8:485

Environmental Crimes: The Boom in "Busting" Corporations and Their Responsible Officers 16:417

Report on Planning and Budgeting of Legal Services for Corporations By Outside Counsel 18:429

Representing the Judgment Creditor 16:1

Shedding the Defense Mindset: Representing Corporate Plaintiffs in Complex Litigation 20:69

Cost of Litigation

Does a Good Result Beat a Cheap Legal Fee? 19:1

Report on Cost-Effective Management of Corporate Litigation 19:11

Report on Planning and Budgeting of Legal Services for Corporations By Outside Counsel 18:429

Counsel Disqualification

Joint Defense Agreements and Disqualification of Co-Defendant's Counsel 22:311

Courtroom

A Strategy for Effective Use of the Courtroom During Direct Examination 8:205

Toward a Unified Theory of Courtroom Design Criteria: The Effect of Courtroom Design on Adversarial Interaction 18:593

Courtroom Techniques

A Radical Approach to the Law of Impeachment: The Statutory Outer Limits 22:1

The Art and Ethics of Direct Examination 22:377

The Psychology of Jury Persuasion 22:549

What to Pack up in Your "Ole Kit Bag" for Discovery and Trial 22:351

Courts

An Action Plan to Reduce Court Cost and Delay 3:283

An Active Jury: Should Courts Encourage Jurors to Participate in the Questioning Process? 16:109

Annual Report on the State of the Judiciary 1:215

Annual Report on the State of the Judiciary 3:63

Attorneys--Admission to Practice 3:321

Attorneys--The Impact of Leis v. Flynt on Admission of Foreign Counsel 3:101

Courtroom Competence: Is Chief Justice Burger Wrong? 2:75

Improving Federal Trial Advocacy 1:109

Improving Federal Trial Advocacy--II 2:83

Judicial Involvement in Pre-Trial Settlement: A Judge is Not a Bump on a Log 6:27

Kentucky Courts Go Video 9:359

Pro Hac Vice: Revitalizing a Wounded Specialty 4:23

Report and Tentative Recommendations of the Committee to Consider Standards for Admission to Practice in the Federal Courts to the Judicial Conference of the United States 2:323

Should Judges Grease the Slow Wheels of Justice? A Survey on the Effectiveness of Judicial Mediary Techniques 8:83

The Controversy Surrounding Cameras in the Courtroom 3:503

The Need for "Time and Freshness of Mind" 6:311

The Speedy Trial Act: Its Effect on Civil Caseloads and Forum Shopping 9:125

Criminal Law

Alabama v. White: The Constitutionality of Anonymous Telephone Tips in Support of "Reasonable Suspicion" and the Narrowing of Fourth Amendment Protections 14:605

Articulation of Non-Race Based Reasons for Peremptory Challenges After Batson v. Kentucky 17:245

Attorneys--Criminal Law Standard a Criminal Lawyer Must Meet in Order to Prove Ineffective Representation of Counsel 7:177

Calculation of Blood Alcohol Concentration in Criminal Defendants 22:177

Changing the Marital Rape Exemption: I Am Chattel(?!); Hear Me Roar 18:657

Corroborated Hearsay and the Confrontation Clause 15:293

Crime and Punishment: Annual Report to the American Bar Association 5:95

Crime: Towards a Constructive Debate 5:105

Criminal Law--Blood Alcohol Test Must Only Be Reliable for Admissibility into Evidence 7:181

Criminal Law--Capital Punishment: Overbroad Interpretation of Capital Sentencing Statute 4:730

Criminal Law--Conspiracy 5:186

Criminal Law--Constitutionality of "Speedy Trial" Act Questioned as an Infringement of the Separation of Powers Doctrine 1:347

Criminal Law--Death Penalty 5:175

Criminal Law--Death Penalty Must be Reduced to Life Imprisonment if a Single Venireman Has Been Erroneously Excluded Under the Witherspoon Test for Conscientious Objection to Capital Punishment 1:177

Criminal Law--Double Jeopardy 2:364

Criminal Law--Double Jeopardy 4:765

Criminal Law--Double Jeopardy 5:182

Criminal Law--Double Jeopardy--Dismissal of Federal Prosecution is Required Following Conviction for Identical Offense Absent Compelling Federal Interest 1:351

Criminal Law--Electronic Searches 4:449

Criminal Law--Entrapment as a Defense 3:340

Criminal Law--Habeas Corpus 3:554

Criminal Law--Homicide--Mere Act of Driving While Knowingly Intoxicated Does Not Provide the Requisite Malice for First Degree Murder Conviction in Vehicular Homicide 1:358

Criminal Law--Insanity as a Defense 3:343

Criminal Law--Juries 3:557

Criminal Law--Juries--Presence of Alternate Juror in Jury Room During Deliberations Does Not Constitute Reversible Error 1:363

Criminal Law--Jury Instruction Regarding Concurrent Sentences 3:347

Criminal Law--Jury Instructions 3:548

Criminal Law--Jury Nullification: The Inchoate Power 20:451

Criminal Law--No Criminal Liability Incurred When Spouse Failed to Summon Medical Aid 5:538

Criminal Law--Nonmutual Collateral Estoppel in Criminal Actions 4:761

Criminal Law--Penalty Enhancement 4:736

Criminal Law--Peremptory Challenges 3:562

Criminal Law--Plea Bargaining 3:345

Criminal Law--Plea Bargaining--Defendant's Fourteenth Amendment Due Process Rights Not Violated by Prosecutor's Obtaining Additional Indictment After Plea Agreement Refused 1:367

Criminal Law--Plea Bargaining--Trial Judge's Discretion to Refuse to Accept Sentence Proposed in Prior Agreement 6:195

Criminal Law--Police Officers May Conduct Warrantless Searches of Automobiles with Probable Cause 7:182

Criminal Law--Private Security Personnel Not Required to Give Miranda Warnings 5:537

Criminal Law--Rape 3:116

Criminal Law--Right to Counsel 4:772

Criminal Law--Search and Seizure 3:550

Criminal Law--Search and Seizure 4:739

Criminal Law--Search and Seizure 4:769

Criminal Law--Search and Seizure--Impoundment 3:339

Criminal Law--Search and Seizure--Plain View Doctrine 3:335

Criminal Law--Searches and Seizures in the Home 4:447

Criminal Law--State v. Jackson: Defining "Beyond a Reasonable Doubt" 20:435

Criminal Law--Statements Made After Miranda Warnings But Before Explicitly Waiving Right to Counsel 3:348

Criminal Law--The Effect of Uncounseled Misdemeanor Convictions on Enhancement Statutes 4:757

Criminal Law--The Inadvertence Requirement of the Plain View Doctrine 4:452

Criminal Law--United States v. Thomas and Turney v. State: Courts Take Steps to Control Jury Nullification Advocacy 22:707

Criminal Law and Procedure--Right to Counsel 4:159

Criminal Law and Procedure--Sentencing for Rape Convictions--Unbridled Jury Discretion in Imposing a Life Sentence on Convicted Rapist is Unconstitutional 4:178

Defendant's Absence from State: When the Defendant Leaves Town Does He Take the Statute with Him? 8:183

Defendants in Criminal Cases as Witnesses at Trial 14:59

Defending White Collar Crimes 7:299

Direct Criminal Contempt and the Trial Attorney: Constitutional Limitations on the Contempt Power 14:243

Don't Keep Your Illegal Drugs and Your Unreported Income in the Same Cookie Jar 7:567

Entrapment: A Source of Continuing Confusion in the Lower Courts 5:293

Evidence--Confrontation and Rebuttal 4:785

Evidence--Evidence of Polygraph Test and Testimony of Polygraph Held Inadmissible in Criminal Trial 5:554

Evidence--Fifth Amendment Privilege in Criminal Cases 4:458

Evidence--Impeachment by Prearrest Silence 4:778

Evidence--Impeachment Via Prospective Plea Agreement 5:205

Evidence--The Right to Confront Witnesses 4:464

Ex parte Snell: The Expanding Controversy of the Admissibility of Prior Statements 19:435

Ford v. Wainwright: Insanity of the Death Row Inmate--A Second Chance? 11:311

Hearsay Exceptions--The Dying Declaration: Return to its Original Application 19:481

Henson v. State: Rape Trauma Syndrome Used by the Defendant as well as the Victim 19:453

How to Brief and Argue a Federal Criminal Appeal: The Best Approach 12:191

Innovative Pre-trial Motions in Criminal Defense 1:35

Litigating the Admissibility of Co-conspirators' Statements: A Defense Attorney's Perspective 18:325

Marby v. Johnson: The Supreme Court Sees the Forest Through the Trees, Reverses Plea Bargain Decision 8:267

Maryland v. Craig and the Confrontation Clause: When Does "Confront" Mean Confront? 14:363

Proving the Defendant's Bad Character 11:477

Rape Trauma Syndrome: Toward Proper Use in the Criminal Trial Context 20:227

Representation of Women Who Defend Themselves in Response to Physical or Sexual Assault 2:19

Sentencing the Criminal--A Judicial Responsibility 9:369

State v. Williquette: Protecting Children From Abuse Through the Imposition of a Legal Duty 12:171

Survey of State "Good-Time" Laws 8:57

The Defendant's Right of Confrontation--Are the Exceptions Swallowing the General Rule? (Dasher v. Stripling) 6:421

The Entrapment Defense 10:591

The Role of State Funded Programs in Legal Representation of Indigent Defendants in Criminal Cases 17:205

Warren v. State: One Attempt to Modernize the Marital Rape Exemption 10:157

What Can the Defense Attorney Say at a "Pre-formal Charge" Press Conference? Gentile v. State Bar of Nevada Puts a Porous Gag on Trial Lawyers 15:269

Criminal Procedure

Criminal Law and Procedure--Jury Instructions 4:156

Criminal Law and Procedure--Right to Counsel 4:159

Criminal Law and Procedure--Search and Seizure 4:164

Criminal Law and Procedure--Search and Seizure--Privacy Expectations of Non-Owner Automobile Occupants During Warrantless Search 4:168

Criminal Law and Procedure--Search and Seizure--Seizure of Items Not Described on Warrant is Valid When Burglary Victims Identify Same in Plain View 4:176

Criminal Law and Procedure--Search and Seizure--Third Party Consent to Warrantless Search 4:171

Criminal Law and Procedure--Search and Seizure--Warrantless Search of Luggage Incident to Lawful Airport Arrest 4:173

Criminal Law and Procedure--Sentencing for Rape Convictions--Unbridled Jury Discretion in Imposing a Life Sentence on Convicted Rapist is Unconstitutional 4:178

Criminal Procedure--Effective Assistance of Counsel 3:139

Criminal Procedure--Entrapment--The Effect of Denying the Elements of the Crime Charged on the Availability of Entrapment as a Defense 8:197

Criminal Procedure--Peremptory Challenge and the Burden of Proof to Show a Violation of Equal Protection and Due Process 7:639

Criminal Procedure--Peremptory Challenges 3:128

Criminal Procedure--Right to Counsel and Student Practice Rules 2:372

Criminal Procedure--Right to Counsel and Trial By Jury 3:142

Criminal Procedure--State Has Duty During Investigative Stage of Drug Offense to Preserve Part of Substance in Question for Independent Analysis by Defendant 1:372

Criminal Procedure--The Government's Duty Pursuant to Title 18 U.S.C. § 3504 to Respond to Allegations of Use of Illegal Surveillance Devices is Diminished When a Subpoenaed Witness' Claim is Untimely 1:185

Criminal Procedure--U.S. District Court Order of Acquittal When a Jury Has Been Discharged Without Reaching a Verdict Is an Acquittal for Purpose of Double Jeopardy Clause and Is Not Appealable 1:181

Innovative Pre-trial Motions in Criminal Defense 1:35

Joint Trials, Spillover Prejudice, and the Ineffectiveness of a Bar Limiting Instruction 9:21

Lifting the Bridled Veil: Disclosure of Grand Jury Proceedings Under Rule 6(e) of the Federal Rules of Criminal Procedure 3:459

Name Calling at Trial: Placing Parameters on the Prosecutor 8:385

Prosecutorial Misconduct in Closing Argument: Remedial Measures 8:397

Cross Examination

A Radical Approach to the Law of Impeachment: The Statutory Outer Limits 22:1

Cross Examination 7:19

Cross Examination--A Primer for Trial Advocates 8:11

Cross-Examination and Final Argument Concerning Plaintiff's Economic Expert in Wrongful Death Actions 2:235

Cross-Examination of the Medical Expert 3:239

Cross-examination: Walking the Line Between Proper Prejudice and Unethical Conduct 10:1

Cross-Examining a Legal Auditor 20:91

Effective Cross-Examination of Multiple Defense Medical Experts 1:1

Keeping Cross-Examination Under Control 18:245

Lost Earnings and Income Tax: Cross-Examination of Plaintiff's Economist 4:289

Medical Malpractice: The Service Patient--A Case Study in the Cross-Examination of Multiple Medical Defendants 1:251

Rethinking Advocacy Training 16:821

Suggestions for Enriching the Teaching of Trial Advocacy 16:193

The Cross-Examination of the Forensic Pathologist in Criminal Defense Cases 1:243

The Limits of Cross-Examination 21:113

The Renaissance in American Trial Advocacy Literature: The Next Step 16:175

Customs Litigation

Litigation in the Court of International Trade 17:719

D (return to top)

Damages

BMW of North America, Inc. v. Gore [Supreme Court Brief] 20:103

Brown v. Fritz: A Further Restriction on the Recovery of Damages for Emotional Distress Arising From a Breach of Contract 14:203

Bystander Emotional Distress Claims in Medical Malpractice Actions 15:605

Colonial Pipeline v. Brown: Georgia Constructs a State Constitutional Limit on Punitive Damages 12:511

Damages--Automaker Not Liable for Enhanced Injuries Caused by Defect 7:415

Damages--Damages for Mental Distress Not Allowed for Future Physical Harm 7:416

Damages--Seat Belt Defense 7:641

Damages--The Effect of Future Inflation on Computation of Damages 6:343

Fixed Versus Variable Discount Rates in Reduction to Present Value 8:377

Fund Raising in the Courtroom: Persuasive Presentation of General Damages 6:433

Gone Today and Here Tomorrow: Damage Recovery for Subsequent Developing Latent Diseases in Toxic Tort Exposure Actions 14:159

Insurance--Bad Faith and First Party Extracontractual Damages 5:497

James L. Jackson v. Johnson Manville Sales Corp. et al.: Philosophy of Proof and Argument of Punitive Damages 7:123

Klawonn v. Mitchell: Does a Refusal to Instruct a Jury that Wrongful Death Damages are Excluded from Income Taxation Make the Jury's Task Simpler or More Difficult? 19:211

Limiting Damages for Pain and Suffering: Arguments Pro & Con 10:317

Pacific Mutual Life Insurance Co. v. Haslip [Supreme Court Brief] 15:105

Pre-Judgment Interest in Personal Injury Cases: A Policy of Fairness 5:81

Private Actions for Damages Resulting From an Environmental Public Nuisance: Overcoming the Barrier to Standing Posed By the "Special Injury" Rule 16:591

Punitive Damages Since Pacific Mutual Life Insurance Co. v. Haslip 16:693

Recovery of Damages for the Negligent Infliction of Emotional Distress in Products Liability Cases 8:137

Tax--Commissioner v. Schleier: Taxability of ADEA Damage Awards 19:705

The Impact of Changes in Health Care Provider Reimbursement Systems on the Recovery of Damages for Medical Expenses in Personal Injury Suits 21:453

Torts--Federal Court Holds that Insurance May Cover Vicarious Punitive Damages Under Florida Law 5:563

Torts--Insurance Coverage of Punitive Damages 5:558

Torts--Proof of Damages in Malicious Prosecution Actions 4:508

Torts--Punitive Damages 4:225

Torts--Punitive Damages: Making the Plaintiff Whole or Making the State Wealthy? 19:699

Uncle Sam and the Tort-Feasors: A Look at the Tax Consequences of Tort Settlement 8:257

Villareal v. State Department of Transportation: Children's Right to Recovery for Loss of Parental Consortium 14:409

Wrongful Death--Damages for a Parent's Mental Distress are Recoverable for a Minor's Wrongful Death 7:393

Wrongful Pregnancy: Damages Recoverable for the Birth of a Normal, Healthy Child 7:385

Daubert Standard

A Review of the Admissibility of Novel Scientific Evidence 17:741

Evidence--Admissibility of Polygraph Evidence in Light of Daubert v. Merrell Dow Pharmaceuticals, Inc. 20:215

Federal and State Resolutions of the Problem of Daubert and "Technical or Other Specialized Knowledge" 22:237

Giving Lie to Antiquated Notions About Scientific Evidence 22:507

Death Penalty

See Capital Punishment

Debt Collection

Fair Debt Collection Practices Act: Confusion in Compliance and a Continuing Increase in Litigation 20:15

Defamation

"Free Exercise" Footsteps in the Defamation Forest: Are "New Religions" Lost? (Part One of Three) 7:57

"Free Exercise" Footsteps in the Defamation Forest: Are "New Religions" Lost? (Part Two of Three) 7:307

"Free Exercise" Footsteps in the Defamation Forest: Are "New Religions" Lost? (Part Three of Three) 7:517

Health Law--Defamation of County Supported Hospital 5:388

References Available Upon Request . . . Not!--Employers Are Being Sued for Providing Employee Job References 17:755

Resolving the Paradox of the Innocent Construction Rule 7:481

Torts--Defamation--Campaign Workers: Public Figure? 5:420

Torts--Determination of Public Figure Status in Libel Actions 6:204

Torts--Product Disparagement--Defamation 5:413

Workmen's Compensation--Common Law Action for Defamation Is Not Precluded by Exclusivity Provision, Workmen's Compensation Act 6:531

Defenses

Connecticut v. Teal: In Disparate Impact Cases Brought Under Title VII, the Employer's "Bottom Line" is No Defense 8:121

Criminal Law--Entrapment as a Defense 3:340

Criminal Law--Insanity as a Defense 3:343

Criminal Procedure--Entrapment--The Effect of Denying the Elements of the Crime Charged on the Availability of Entrapment as a Defense 8:197

Damages--Seat Belt Defense 7:641

Defenses in Strict Tort Liability 5:485

Entrapment: A Source of Continuing Confusion in the Lower Courts 5:293

Expert Witness Testimony and the Diminished Capacity Defense 20:381

Medication Malpractice: Claims, Culprits and Defenses 16:65

Products Liability--Failure to Warn and State of the Art Defenses: Further Judicial Legislation in Consumer Protection? 6:515

Products Liability--Misuse of Product as an Affirmative Defense in Products Liability Actions 4:500

The Entrapment Defense 10:591

The Unclean Hands Defense to SEC Enforcement Actions 3:1

Torts--Contributory or Comparative Negligence as a Full or Partial Defense to a Strict Liability Action 7:200

Torts--No Liability for Contraceptive Manufacturer Who Warns Physician of Drug's Potential Dangers 5:559

Demonstrative Evidence

Computer-Generated Exhibits--Demonstrative, Substantive, or Pedagogical--Their Place in Evidence 18:1

Effective Use of Demonstrative Evidence: "Seeing is Believing" 5:427

Props: An Overview of Demonstrative Evidence 13:1097

Real and Demonstrative Evidence Away from Trial 17:509

Dental Litigation

Triennium of Dental Litigation 5:435

Depositions

See Discovery, Pretrial Procedure

Direct Examination

A Strategy for Effective Use of the Courtroom During Direct Examination 8:205

Rethinking Advocacy Training 16:821

Suggestions for Enriching the Teaching of Trial Advocacy 16:193

The Art and Ethics of Direct Examination 22:377

The Gentle Art of Conversational English in Direct Examination 14:111

Disciplinary Hearings

Crime & Punishment in Public Schools: An Empirical Study of Disciplinary Proceedings 17:351

Medical Staff Credentialing: Physician Challenges to Board Certification Criteria 18:673

Disclosure

From Hide-and-Seek to Show-and-Tell: Evidentiary Disclosure Rules 17:497

Preventing Manufacturer Compelled Disclosure of Confidential Information Contained in Voluntarily Submitted Adverse Event Reports 19:265

Discovery

Civil Procedure--Court Requires Deponent to Answer Question Despite Claim of "Academic Freedom Privilege" 5:519

Civil Procedure--Discovery 2:356

Civil Procedure--Rule 36 Request for Admission--Matters Not Admitted or Denied Within the Established Time Limitation Are Not Necessarily Admitted 1:334

Confidentiality Orders in Products Liability Cases 13:597

Deposition Preparation: A Methodological Approach 8:241

Deposition Strategy and Tactics 5:231

Discovering Trial Consultant Work Product: A New Way to Borrow An Adversary's Wits? 17:581

Electronic Discovery: Making Your Opponent's Computer a Vital Part of Your Legal Team 21:293

Exclusion of Evidence--23 U.S.C. § 409: Evidentiary Bar for Railroad Crossing Evaluations 19:471

From Hide-and-Seek to Show-and-Tell: Evidentiary Disclosure Rules 17:497

Guide for Deponent Preparation: Rules of the Game 14:97

Interaction Between 26(b)(3) and 26(b)(4) of the Federal Rules of Civil Procedure: Conflict and Confusion in the Federal Courts 9:319

Overintrusive Surveillance of Plaintiffs in Personal Injury Cases 9:1

Protective Orders: Sword and Shield in the War of Discovery 12:483

Representing the Judgment Creditor 16:1

Rules and Case Law Governing Videotape Depositions 12:87

Stipulations Regarding Discovery Procedure 21:547

The First Amendment and Confidentiality Orders Since Seattle Times v. Rhinehart 13:681

The Preparation of Interrogatories and Production Requests in Automobile Product Liability Actions 1:269

The Purpose, Planning, and Use of Depositions in Contested Child Custody Litigation 1:75

The Taking and Use of Videotaped Depositions 16:151

United States v. Doe: Fifth Amendment Protection from the Compulsory Production of Documents 8:293

What to Pack up in Your "Ole Kit Bag" for Discovery and Trial 22:351

Discrimination

Affirmative Action in the Wake of Weber 4:97

Avoiding Lawsuits for Employment Discrimination 20:277

Civil Rights--Class-Based Discriminatory Intent Not Required to Establish a Cause of Action Under 42 U.S.C. § 1985(2) 5:527

Civil Rights--Discriminatory Intent Under Title VII 3:546

Civil Rights--Equal Pay Under the Bennett Amendment 5:149

Civil Rights--Freedom of Religion as a Defense to Employment Discrimination Charges Under Title VII 5:154

Civil Rights--Pregnancy Discrimination Act Applicable to Female Employees and Not Dependents of Employees 6:333

Civil Rights--Reverse Discrimination--Benign Intent 4:136

Class Actions in Employment Discrimination: Balancing the Broad Remedial Provisions of Title VII with the Procedural Prerequisites of Rule 23 of the Federal Rules of Civil Procedure 1:299

Damned if They Do, Damned if They Don't: The Collision Between Religion and the Workplace Has Employers Caught in the Middle 20:353

Discrimination--Employment Discrimination--Sex Discrimination: Equal Pay for "Substantially Equal Work" 6:505

Discriminatory Religious Services: The Exception to Practices Prohibited by Civil Rights Statutes 10:141

Employment Discrimination--O'Connor v. Consolidated Coin Caterers Corp.: Broadening the Scope of Age Discrimination Claims Under the ADEA 20:211

Employment Law--Debating Individual Liability Under Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act 19:677

Gender-Based Discrimination Under State Statutes Modeled After the Civil Rights Act of 1964: Washington's Response to the Question 10:573

Preventing Manufacturer Compelled Disclosure of Confidential Information Contained in Voluntarily Submitted Adverse Event Reports 19:265

Sexual Harassment--Same-Sex Sexual Harassment and Title VII 20:663

Sexual Harassment--Should Schools Be Held Liable for Peer Sexual Harassment Under Title IX of the Education Amendments of 1972? 20:219

Splitting the Baby on After-Acquired Evidence in Employment Discrimination Cases 19:241

The Impact of the Americans with Disabilities Act on AIDS Discrimination in the Workplace 19:623

Workmen's Compensation--Sex Discrimination--Widow's Statutory Presumption of Total Economic Dependence Held Violative of Widower's Guarantee of Equal Protection 1:211

Diversity

Civil Procedure--Citizenship for Diversity Jurisdiction 4:131

Civil Procedure--State Statute of Limitations and Fed. R. Civ. P. 3 in Diversity Actions 4:683

Divorce and Separation

Divorce Law--Child Support--Statutory Change in Age of Majority Does Not Affect Parent's Duty of Support 1:193

Domestic Relations--Determination of Maintenance Award Based Upon Spouse's Income Potential 7:419

Domestic Relations--Property Rights--Professional Degrees 5:189

Family Law--Divorce--Property Division 3:356

Family Law--Marital Property 4:205

Family Law--Property 2:387

Family Law--Summary Divorce Statute 2:386

Family Law--Wife's Resumption of Maiden Name 2:193

Pension Plans as Property in Divorce Proceedings 3:89

Trying Equitable Distribution Can Be Trying 5:225

Valuing Defined Benefit Pension Plans 7:47

Documentary Evidence

Documentary Evidence in Civil Cases 20:607

Exceptions to the Clearly Erroneous Test After the Recent Amending of Rule 52(a) for the Review of Fact Based Upon Documentary Evidence 10:409

Domestic Relations

Domestic Law--Antenuptial Agreement Upheld in Case of First Impression in Massachusetts 5:541

Domestic Law--Interference with Relation of Parent and Child 5:542

Domestic Law--Minors Denied Recovery for Loss of Parental Consortium 5:544

Domestic Relations--Determination of Maintenance Award Based Upon Spouse's Income Potential 7:419

Domestic Relations--Enforcement of Child Support Obligations Through Civil Contempt 6:347

Domestic Relations--Enforcing Child Support Past Majority 5:193

Domestic Relations--Ex Parte Provision of Adult Abuse Act Ruled Constitutional 6:197

Domestic Relations--Property Rights--Professional Degrees 5:189

Domestic Relations--The Homosexual Parent in Child Custody and Visitation Cases 6:509

Domestic Relations--The Use of Expert Testimony Concerning the "Battered Wife Syndrome" 8:505

Handling the Domestic Relations Case--A Specialized Problem in Lawyering 3:399

Interspousal Immunity and Domestic Torts: A New Twist on the "War of the Roses" 15:625

Double Jeopardy

Criminal Law--Double Jeopardy 2:364

Criminal Law--Double Jeopardy 4:765

Criminal Law--Double Jeopardy 5:182

Criminal Law--Double Jeopardy--Dismissal of Federal Prosecution is Required Following Conviction for Identical Offense Absent Compelling Federal Interest 1:351

Criminal Procedure--U.S. District Court Order of Acquittal When a Jury Has Been Discharged Without Reaching a Verdict Is an Acquittal for Purpose of Double Jeopardy Clause and Is Not Appealable 1:181

Dram Shop Liability

Lee v. Kiku Restaurant: Allocation of Fault Between an Alcohol Vendor and a Patron--What Could Happen After Providing "One More for the Road" 17:269

Due Process