Browsing Open Access Journals by Subject "Litigation"

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  • Batson v. Armstrong: Prosecutorial Bias and the Missing Evidence Problem 
    Brown, Darryl K. (University of Oregon School of Law, 2022-05-12)
    Batson v. Kentucky prohibits prosecutors’ racially motivated decisions to eliminate a potential juror during jury selection. United States v. Armstrong prohibits prosecutors’ racially motivated decisions to charge a defendant ...
  • Full Court Press: Drawing in Media Defenses for Libel and Privacy Cases 
    Abramson, Jeffrey (University of Oregon School of Law, 2017-12-21)
    Recent jury verdicts against Rolling Stone Magazine and Gawker Media raise fundamental issues in defamation and privacy lawsuits, including who is a public figure, what counts as newsworthiness, and whether truth is always ...
  • Litigation Bias 
    Eckart, Adam M. (University of Oregon School of Law, 2023-01-18)
    This Article argues that there is pervasive litigation bias in law schools, and that such bias negatively affects the work of lawyers, including how lawyers are regulated, how lawyers practice law, and how lawyers serve ...
  • Market Share Liability: Lessons from New Hampshire v. Exxon Mobil 
    Hastings, Justine S.; Williams, Michael A. (University of Oregon School of Law, 2019-06-19)
    In this article, we discuss the role played by market share liability in the New Hampshire MTBE (methyl tertiary butyl ether) litigation. We examine the history of market share liability in litigation involving a number ...
  • Pesticide Registration Fails to Protect Human Health: Damages from Exposure to Glyphosate-Based Herbicides 
    Centner, Terence J. (University of Oregon School of Law, 2021-05-14)
    In the United States, approximately 125,000 people have alleged that they are suffering health problems from their exposure to Monsanto’s glyphosate-based herbicide products. Monsanto, a company that was bought by Bayer ...
  • The Practical Consequences of Caps on Damages 
    Daniels, Stephen; Sharkey, Catherine; Miller, Dave; Welborn, Gordon (University of Oregon School of Law, 2018-04-10)
    Transcript of a symposium panel discussion.
  • The Remedy Clause, Reexamination of Verdicts, and Separation of Powers Principles 
    Eiva, Travis; Marmaduke, Susan; Hallman, W. Eugene; Schuman, David (University of Oregon School of Law, 2018-04-10)
    Transcript of a symposium panel discussion.
  • Scientific Knowledge Fraud 
    Henricksen, Wes E. (University of Oregon School of Law, 2019-06-19)
    The tobacco, asbestos, and fossil fuel industries, among others, have misled the public about the dangers posed by their products by lying about the science behind the products. Individuals harmed by these misrepresentations ...
  • U.S. Corporate Liability Under the Alien Tort Statute After Jesner v. Arab Bank, PLC 
    Song, Doori C. (University of Oregon School of Law, 2020-07-01)
    Global corporations breathed a sigh of relief when the United States Supreme Court held in Jesner v. Arab Bank, PLC, that foreign corporations could not be defendants in suits brought under the Alien Tort Statute (ATS). ...
  • The War on Trees: How to Diffuse Neighborly Feuds over View Rights 
    Kisiel, Edwin (University or Oregon School of Law, 2020-07-01)
    View rights litigation is fairly uncommon in most of the United States because, in the common law, there simply is no right to a view. However, in hilly coastal areas, like Southern California’s beach cities, view rights ...

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