Yakima Herald-Republic articles from April 2005

Yakima Herald-Republic archives from April 2005

The hundred-year decline of trials and the thirty years war.(The Civil Trial: Adaptation and Alternatives)
April 1, 2005... Although it defies popular images of the ubiquity of trials, an abundance of data shows that the number of trials--federal and state, civil and criminal, jury and bench--is declining. (1) The shrinking number of trials is particularly striking...

Exploring economic and democratic theories of civil litigation: differences between individual and organizational litigants in the disposition of federal civil cases.(The Civil Trial: Adaptation and Alternatives)
April 1, 2005... INTRODUCTION I. THE DATA: TERMINATED FEDERAL CIVIL CASES II. 1970 TO 2000: THE CHANGING COMPOSITION OF FEDERAL CIVIL CASES A. 1970 to 2000: Three Decades of Change B. The Changing Distribution of "Nature of Suit" III. CODING...

Summary judgment and the vanishing trial: implications of the litigation matrix.(The Civil Trial: Adaptation and Alternatives)
April 1, 2005... INTRODUCTION I. SUMMARY JUDGMENT, THE VANISHING TRIAL, AND THE THREE LEVELS OF EMPIRICAL ANALYSIS II. THE LITIGATION MATRIX III. APPLYING THE LITIGATION MATRIX TO THE LAW OF SUMMARY JUDGMENT A. The Litigation Matrix and the Role...

The what and why of claims resolution facilities.(The Civil Trial: Adaptation and Alternatives)
April 1, 2005... INTRODUCTION I. CLAIMS RESOLUTION FACILITY VARIABLES A. Function B. Metaphor C. Authority and Funding D. Size and Similarity E. Organization F. Eligibility Criteria G. Damage Methodology H....

Why me? The role of private trustees in complex claims resolution.(The Civil Trial: Adaptation and Alternatives)
April 1, 2005... INTRODUCTION I. HOW WE GOT HERE: THE HYBRIDIZATION OF COMPLEX CLAIMS RESOLUTION A. Mass Tort Litigation as Public Law Litigation B. The Hybridization of Claims Resolution 1. The need for private individuals in complex claims...

Alternative courts? Litigation-induced claims resolution facilities.(The Civil Trial: Adaptation and Alternatives)
April 1, 2005... The contemporary fixation on tort lawsuits in the public policy arena and in the popular media obscures an important development in litigation: with the decline of trial rates and the rise of alternative dispute resolution (ADR), the bulk of...

Class action "cops": public servants or private entrepreneurs?(The Civil Trial: Adaptation and Alternatives)
April 1, 2005... INTRODUCTION I. THERE IS GROWING PUBLIC DISTRUST OF THE CLASS ACTION DEVICE II. IN RESPONSE TO GROWING CRITICISM, SOME PLAINTIFFS' ATTORNEYS MISLEADINGLY SEEK TO PORTRAY THEMSELVES AS "PRIVATE ATTORNEYS GENERAL" A. The...

The class action counterreformation.(The Civil Trial: Adaptation and Alternatives)
April 1, 2005... INTRODUCTION: REFORM VERSUS COUNTERREFORMATION I. THE AMERICAN COURTS' CONTRASTING ATTITUDES TOWARD "CLASSIC" CLASS ACTIONS II. MASS WITHOUT CLASS: EXISTING JOINDER ALTERNATIVES UNDER THE FEDERAL RULES A. Rule 20: Permissive Joinder...

Removing class actions to federal court: a better way to handle the problem of overlapping class actions.(The Civil Trial: Adaptation and Alternatives)
April 1, 2005... INTRODUCTION I. FORUM SHOPPING IS PROPER, WITHIN LIMITS II. S. 2062--THE DEFENSE-SPONSORED REMOVAL PROPOSAL III. THE MAJOR PROBLEMS WITH S. 2062 IV. A BETTER ALTERNATIVE A. Tinkering with the Numbers Won't Work B. Discretion,...

Assessing the case for employment arbitration: a new path for empirical research.(The Civil Trial: Adaptation and Alternatives)
April 1, 2005... INTRODUCTION I. THE LAW OF ARBITRATION II. POLICY ARGUMENTS FOR AND AGAINST ARBITRATION: A FIRST LOOK AT THE EMPIRICAL DATA A. Empirical Research Limitations: Systemic Differences of Arbitration and Adjudication Systems B....

ADR and the cost of compulsion.(The Civil Trial: Adaptation and Alternatives)
April 1, 2005... INTRODUCTION I. AN ARBITRATION CASE STUDY II. ADR's EMBRACE OF COMPULSION III. THE COSTS OF COMPULSION A. Compelled Arbitration 1. Substantive manipulations 2. Procedural manipulations 3. Attempts to thwart...

Creeping mandatory arbitration: is it just?(The Civil Trial: Adaptation and Alternatives)
April 1, 2005... INTRODUCTION I. THE PHENOMENON OF MANDATORY BINDING ARBITRATION IN THE UNITED STATES A. The Pedigree of Binding Arbitration B. The Evolution of Mandatory Arbitration C. U.S. Courts' and Legislatures' Response to Mandatory...

The court's implicit roadmap: charting the prudent course at the juncture of mandatory arbitration agreements and class action lawsuits.(The Civil Trial: Adaptation and Alternatives)
April 1, 2005... INTRODUCTION I. THE TAXONOMY OF GATEWAYS A. Who Decides Who Decides? B. Availability of Class Arbitration as a "Gateway" Issue 1. Class arbitration explicitly permitted 2. Class arbitration explicitly prohibited ...

Plea Bargaining's Triumph: A History of Plea Bargaining in America.(Book Review)
April 1, 2005... PLEA BARGAINING'S TRIUMPH: A HISTORY OF PLEA BARGAINING IN AMERICA. By George Fisher. Stanford, CA: Stanford University Press, 2003. INTRODUCTION I. PLEA BARGAINING'S TRIUMPH II. THE LIMITS OF FISHER'S APPROACH III. APPLYING FISHER'S...