PeaceHealth loses attempt to overturn antitrust verdict.
Byline: Tim Christie The Register-Guard For the second time in two weeks, a judge has rebuffed PeaceHealth's request to scuttle a jury's decision last year that the Bellevue-based hospital corporation engaged in anti-competitive behavior that harmed rival McKenzie-Willamette Medical Center. U.S. District Judge Ancer Haggerty,...

The influence of limiting instructions on processing and judgments of emotionally evocative evidence.
Most jury instructions are issued after all the evidence has been presented in a trial; however, some are given during the trial. When gruesome photographs form part of the evidence in criminal culpability proceedings, the judge will usually instruct jurors to be dispassionate in examining the evidence. This study...

On the validity and vitality of Arizona's judicial merit selection system: past, present, and future.
This Article demonstrates that merit selection is functioning commendably in Arizona and, for the most part, provides the public with a judicial selection process far more informative and generally superior to "traditional elections." (1) Part I of this Article sketches the history of Arizona's merit selection of judges and...

Recharging the jury: the criminal jury's constitutional role in an era of mandatory sentencing.
[L]et it be again remembered, that delays, and little inconveniences in the forms of justice, are the price that all free nations must pay for their liberty in more substantial matters; that these inroads upon this sacred bulwark of the nation are fundamentally opposite to the spirit of our...

IBP must see Garcia case not 'whitewashed' nor 'railroaded'.
ALL foreign businessmen are unanimous in their complaints about their hesitation to undertake the risks of investing in this country. We must do something to erase their impression that our country is beset with corruption at all levels, a biased court system, an education system in decay, and other...

Badoy asks SC to dismiss Erap complaint.
Byline: EDMER F. PANESA Sandiganbayan Associate Justice Anacleto D. Badoy Jr. asked the Supreme Court yesterday to order the outright dismissal of a complaint for disciplinary action filed against him by former President Joseph Estrada, his son former San Juan Mayor Jinggoy Estrada, and their eight lawyers....

Toward a cooperative strategy for federal and state judges in mass tort litigation.
Judges are now players in the mass tort game.(1) Whatever approach any judge takes in managing a mass tort, judicial input is a critical factor in the ultimate progress of the litigation. To certify or not to certify, for example, is a question that must be answered with profound...

The search for justice in the Former Yugoslavia and beyond: analyzing the rights of the accused under the statute and the rules of procedure and evidence of the International Criminal Tribunal for the Former Yugoslavia.
Justice, Sir, is the great interest of man on earth. It is the ligament which holds civilized beings and civilized nations together. Wherever her temple stands, and so long as it is duly honored, there is a foundation for social security,...

Protective orders, property interests and prior restraints: can the courts prevent media nonparties from publishing court-protected discovery materials?
INTRODUCTION On October 27, 1994, the Procter & Gamble Company ("P & G") filed suit against Bankers Trust Company, alleging that the defendant had engaged in "fraudulent conduct to induce [P & G] to enter into and to remain in two complex leveraged derivative transactions" leading to...

Surgical consent forms, informed consent: court finds that nurse acted appropriately.
A facial nerve was damaged during the patient's facelift procedure. Before the patient's lawsuit went to trial her attorneys had to agree they would not be able to establish negligence as to the way the procedure was performed by the two surgeons. Patient Sued For Lack of...