Read: Stern, THE BUFFALO CREEK DISASTER: HOW THE SURVIVORS OF ONE OF THE WORST DISASTERS IN COAL-MINING HISTORY BROUGHT SUIT AGAINST THE COAL COMPANY—AND WON. These are the questions I would expect you to be able to answer after read-ing the Stern book. What were the goals of the litigation recounted in The Buffalo Creek Disaster? Of what relevance is public relations in civil litigation? Why are the definitions of the following terms legally important? o“act of God” o“piercing the corporate veil” o“diversity of citizenship” o“federal question” o“custom and usage” defense o“reckless” o“punitive damages” o “psychic impairment” o“Letter Rogatory” Why is the choice of defendant important in a civil case? The choice of forum? The choice of location? Why might courts be a good/bad place to pursue interests, depending on one’s perspective? What is the lawyers’ Code of Professional Responsibility’s position on handling a case pro bono if the client can afford to pay? Why might it be important to research judges’ prior written opinions? Under what circumstances are federal judges required to apply state law? What ethical dilemmas might a plaintiff’s attorney face in a case when the de-fendant has made a settlement offer? Why might it be useful to have a local attorney involved in civil litigation when the lead attorney is from outside the area? What is the relevance of Thurman Arnold’s observation that “The things I remem-ber best never really happened.” (quoted in Stern, 2004: 133) What is “the Fuller Brush technique,” and why is it important? What is a “trial brief,” and why is it important? What are the enduring legacies of the Buffalo Creek litigation?
Provide Full Citation1. The main purpose ofthispiece/presentation is (state as accurately as possible theauthor’s purpose for writingthis piece).2. The key question that the author is addressing is (identify the keyquestion in the mind of the author.3. The most importantinformationin this piece is (identify the data/evidence the author is using tosupport her/his conclusions).4. The main inferences/conclusionsin the piece are (identifythe keyconclusions the author comes to and presents in the piece).5. The key concept(s) we need to understand in this piece is (are)…. By these concepts the author means (identify the most importantideasyou would have to understand to understand the author’sline ofreasoning).6. The main assumption{s) underlyingthe author’s thinkingis (are)…(identifywhat the author is taking for granted that might be questioned).7. (a) If we take this line of reasoning seriously, the implicationsare (what consequences are likely to followifpeople take the author’s line of reasoning seriously)? (b) If we fail to take this line of reasoning seriously,theimplicationsare(what consequences are likely to followif people ignore the author’sreasoning)?8. The main point(s) of view presented in this piece is (are)…(what is the author looking at, and how iss/heseeing it)?
