Information, Litigation, and Common Law Evolution

. 05 - 07 Information , Litigation , and Common Law Evolution

It is common in the legal academy to describe trends in judicial decisions leading to new common law rules as the result of conscious judicial effort. Evolutionary models of litigation, in contrast, treat common law as resulting from pressure applied by litigants. One apparent difficulty in the theory of litigation is explaining how trends in judicial decisions favoring one litigant, and biasin...

World Litigation Law and Practice

This review states that the two volumes, “World Litigation law and Practice” and Unit B ”Europe” are an up-to-date publication and thus a welcomed event. It goes on to explain how the two studies attempt to provide not only details as to the civil procedure of the country concerned, but also information concerning the general institutional background in which civil litigation takes place. After...

The Common Law Right to Information

Choice of Law in Fraudulent Joinder Litigation

HEALTH LAW AND ETHICS ERISA Litigation and Physician Autonomy

THE FEDERAL EMPLOYEE RETIREMENT INCOME SECUrity Act (ERISA) looms like a colossus over the managed care environment. Originally enacted to regulate employer-sponsored pension plans, the statute also covers health care benefits established by self-insured employers (with few exceptions, such as for governmental employees). According to recent Department of Labor estimates, ERISA applies to appro...