"I'm thinking this is probably reflecting the high-profile nature of the litigation," Mr. Grimmelmann said.
The lower court agreed that the issues demonstrated the "transcendently legislative nature of this litigation," and that if they found in favor of the states and the land trusts, the courts would have to figure out how to cap emissions, set reduction goals and a schedule for achieving them, and take other steps that would seem to require legislation.
A request for comment from the Chicago Police Department went without response, but considering the ongoing nature of the litigation, that's not at all surprising.
It delineates certain issues which fall beyond the purview of judicial review because those matters are unsuited for adjudication, due to the nature of the litigation process and judicial expertise.
"By the very nature of human rights litigation, almost all evidence is indirect or circumstantial.
Given the protracted nature of death penalty litigation, many of those death row inmates condemned in the 1990s are only now coming close to being executed.
"The nature of representation in mass litigation, particularly in mass torts, is increasingly bypassing these individualized notions of loyalty".
Although lawyers as a group are white-collar workers, trial lawyers have significantly higher salivary testosterone than nontrial lawyers, which has been attributed to the polemical nature of face-to-face litigation (Dabbs et al. 1998).
"However, these circumstances are highly dynamic and we updated our risk factors to reflect both the evolving nature of these specific threats and litigation as well as the security challenge more broadly".
