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Studies challenge accepted notions; judges not unsympathetic to plaintiffs; corporations win more often than people

Article Abstract:

Three studies have challenged traditional beliefs about tort litigation. Michael J. Saks concluded in a University of Pennsylvania Law Review article that the tort system is good at weeding out weak cases. Kevin M. Clermont and Theodore Eisenberg compared verdicts rendered by judges and juries in federal courts from 1979 to 1989, concluding that judges were more likely to decide tort cases in favor of plaintiffs. Brian Ostrom, David Rottman and Roger Hanson of the National Center for State Courts found wide variation in tort verdicts between states.

Author: DeBenedictis, Don J.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
Cases, Surveys, Verdicts, Damages, Damages (Law), Torts

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Judges debate cultural defense; should crimes acceptable in an immigrant's homeland be punished?

Article Abstract:

The pros and cons of a cultural defense in criminal cases were debated at a 1993 joint conference of the National Ass'n of Women Judges and its international counterpart. Supporters argued that behavior which would be considered proper in the immigrants' home countries should not be criminalized in the US, while opponents feared the impact of different laws applying to different people.

Author: DeBenedictis, Don J.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
Social aspects, Laws, regulations and rules, Criminal justice, Administration of, Administration of criminal justice, Defense (Criminal procedure)

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Unpaid leave for judges; more states search for solutions to court budget crises

Article Abstract:

Courts in at least four states are so anxious to save money that they have asked or mandated that judges take unpaid time off or give up paid time off. Staffers have absorbed the brunt of the cuts, however, so judges should not complain. States affected include California, Maryland, Rhode Island and Maine.

Author: DeBenedictis, Don J.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1992
Economic aspects, Finance, State courts, Employee vacations

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