Digital Commons Network^™

The Moral Obligation Of The Jury To The Law, Robert P. Lawry

Billie J Carter

No abstract provided.

Erisa Preemption: A Product Rule And The Neglected Workhorse, Joseph Snoe

Joseph Snoe

ERISA preemption of state laws has troubled courts and commentators for over two decades. This article under the umbrellas label the "Product Rule" concludes that a state has broad discretion to regulate products and services marketed in the state, even products and services marketed to ERISA plans.

The article then explans how ERISA section 502 is the exclusive vehicle for Employee Benefit Plan participants and beneficiaries to bring civil suits against HMOs, insurance companies and others doing busienss with the ERISA plans. By contracting with an ERISA plan, a company or person offering services or products to an ERISA plan …

Private Criminal Justice, Ric Simmons

Ric Simmons

The past few decades have seen the rise of two very different alternatives to the traditional criminal justice system: private police and restorative justice programs. Each of these approaches represents a revolutionary paradigm shift as to how criminal justice is administered in this country—and yet each of these movements has been limited in its impact on the current criminal justice system. The privatization movement has been restricted to the law enforcement stage of the criminal justice system, while the restorative justice movement has been dependent upon state support. This Article argues that it is only a matter of time before …

Bridging The Gaps: How Cross-Disciplinary Training With Mbas Can Improve Professional Education, Prepare Students For Private Practice, And Enhance University Life, Seth Freeman

Seth Freeman

What can law schools do to address the criticisms in the Carnegie Foundation’s January 2007 report on legal education? That report found that law schools are not teaching students how to be competent lawyers. One particularly promising answer is cross-disciplinary training with MBAs, which leading law schools such as NYU, Stanford, the University of Pennsylvania, and Harvard have embraced in recent years. In this article, I explore the value of such courses, and discuss a cross-disciplinary course that I successfully debuted in the Fall of 2006 at NYU entitled, “Negotiating Complex Transactions with Executives and Lawyers.” More generally, I argue …

Marine Insurance - Is The Doctrine Of "Utmost Good Faith" Out Of Date?, Graydon S. Staring

Graydon S. Staring

This article examines the doctrine of utmost good faith in marine insurance as it is recognized and applied in the United States, appraises its stability and concludes that it is likely to endure in the foreseeable future.