Oregon Law Review : Vol. 96, No. 2 (2018)
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Browsing Oregon Law Review : Vol. 96, No. 2 (2018) by Subject "Lawsuits"
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Item Open Access Damage Caps and Access to Justice: Lessons from Texas(University of Oregon School of Law, 2018-04-10) Daniels, Stephen; Martin, JoanneItem Open Access Horton: The Remedy Clause and the Right to Jury Trial Provisions of the Oregon Constitution(University of Oregon School of Law, 2018-04-10) Marmaduke, SusanThe Horton decision, its meaning, and its significance for statutes that eliminate causes of action or curtail the recoverable damages for various torts have been the subject of much debate and litigation. The Oregon Court of Appeals recently issued several decisions applying Horton, at least some of which may be reviewed by the Oregon Supreme Court.Item Open Access The Right to Trial by Jury as a Fundamental and Substantive Right and Other Civil-Trial Constitutional Protections(University of Oregon School of Law, 2018-04-10) Peck, Robert S. Peck; Chemerinsky, ErwinJury trials and access to the courts more generally have sustained unwarranted decades-long attacks. Assaults on these fundamental cornerstones of our civil justice system have not just warped the views of the public and policymakers, but also insinuated themselves into the outlooks of the academy and the judiciary, undermining the fundamental and critically important role that juries and litigation play in securing liberty, equality, and justice. Fed by a political operation that seeks to tilt the legal playing field in its favor, judicial decisions, rules governing lawsuits, and the law itself have come to embrace ahistorical and empirically invalid entreaties, skewing the law and its operation in favor of the most powerful interests at the expense of those who most need the civil justice system to provide a neutral forum to resolve disputes.