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Articles 31 - 38 of 38
Full-Text Articles in Law
Arbitrability In Recent Federal Civil Rights Legislation: The Need For Amendment, Douglas E. Abrams
Arbitrability In Recent Federal Civil Rights Legislation: The Need For Amendment, Douglas E. Abrams
Faculty Publications
This Article discusses the shortcomings inherent in the consideration and enactment of the arbitrability provisions of the ADA and the 1991 Civil Rights Act. As a threshold matter, Part II demonstrates that the latter Act's textual encouragement of arbitration indicates that Congress misapprehended the effect of Gilmer, which the Supreme Court had decided barely six months before the Act's passage. Specifically, this Part will argue that after Gilmer, textual encouragement of arbitration has little or no greater legal significance than textual silence would have. In the few decades before the decision, textual encouragement would have had significant impact because particular …
Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff
Criminal Discovery In Oklahoma: A Call For Legislative Action, Rodney J. Uphoff
Faculty Publications
This article first explores the Allen decision and the extent to which Allen changed the law of criminal discovery in Oklahoma. Next, the article examines some of the theoretical and practical problems with the Allen procedures as well as the efforts of the Oklahoma Court of Criminal Appeals to address some of the troublesome questions generated by Allen. Finally, the article discusses the need to replace the Allen provisions with a legislative framework that facilitates pretrial access to information and minimizes “trial ambush,” but without compromising the fair and efficient operation of the adversary system.
The Role Of The Federal Magistrate Judge In Civil Justice Reform, R. Lawrence Dessem
The Role Of The Federal Magistrate Judge In Civil Justice Reform, R. Lawrence Dessem
Faculty Publications
This Article considers the role of the United States magistrate judge in civil justice reform and, more specifically, the role that the early implementation districts envision for magistrate judges within their own districts. Part I briefly considers the evolution of the office of magistrate judge prior to the enactment of the Judicial Improvements Act of 1990. Part II addresses the treatment of magistrate judges under that legislation. Next, Part III recounts the roles assigned to magistrate judges under the Civil Justice Reform Act in the individual district courts. These varying uses of magistrate judges then will be critiqued in Part …
Judicial Reporting Under The Civil Justice Reform Act: Look, Mom, No Cases!, R. Lawrence Dessem
Judicial Reporting Under The Civil Justice Reform Act: Look, Mom, No Cases!, R. Lawrence Dessem
Faculty Publications
This article addresses the new reporting provision of the Civil Justice Reform Act. Part II analyzes the reporting requirement and the requirement's legislative history. Part III describes the implementation of the requirement by the federal judiciary, while Part IV discusses the initial reports filed pursuant to the provision and the media coverage of those reports. Part V next analyzes the wisdom of the reporting requirement, concluding that, on balance, the requirement may be helpful in furthering public accountability of an independent federal judiciary. Part VI then considers what the data now publicly reported under the Civil Justice Reform Act does, …
The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff
The New Criminal Discovery Code In Oklahoma: A Two Way Street In The Wrong Direction, Rodney J. Uphoff
Faculty Publications
This article first examines criminal discovery in Oklahoma prior to the Allen decision. Next, section II of the article explores Allen and the court’s justifications for creating a reciprocal discovery system. The article reviews the Allen procedures and similar pre-trial discovery provisions contained in the American Bar Association’s Standards for Criminal Justice and questions whether Allen’s new discovery system will achieve the desired results. Section II also focuses on the constitutionality of the defendant’s disclosure obligations and the adverse effects of mandating such disclosures on the adversary system. Finally, section III of the article proposes an alternative discovery code based …
Personal Jurisdiction After Asahi: The Other (International) Shoe Drops, R. Lawrence Dessem
Personal Jurisdiction After Asahi: The Other (International) Shoe Drops, R. Lawrence Dessem
Faculty Publications
This articles analyzes the growth and development of the doctrine of personal jurisdiction and the Supreme Court's consideration and application of that doctrine in the recent case of Asahi Metal Industry Co. v. Superior Court. Asahi is significant both because of the nature of the suit and the nationality of the third-party defendant. The Supreme Court for the first time directly addressed the constitutionality of the ‘stream of commerce’ doctrine of personal jurisdiction, a jurisdictional theory that has been employed increasingly in recent years in products liability actions. Asahi also is one of the few cases in which the Court …
The Scope Of Liability Under Section 12 Of The Federal Securities Act Of 1933: 'Participation' And The Pertinent Legislative Materials, Douglas E. Abrams
The Scope Of Liability Under Section 12 Of The Federal Securities Act Of 1933: 'Participation' And The Pertinent Legislative Materials, Douglas E. Abrams
Faculty Publications
Section 12 of the Securities Act of 1933 creates two private rights of action, each providing in relevant part that ‘ a ny person who offers or sells a security . . . shall be liable to the person purchasing such security from him . . ..’ Because suit may be maintained only by the person who purchases the security from defendant, an offeror may incur section 12 liability only if the offeror also ‘sells' the security to the plaintiff. Section 12(1) imposes liability on any seller whose offer or sale violates the Act's registration or prospectus requirements found in …
Sex Discrimination In Coaching, R. Lawrence Dessem
Sex Discrimination In Coaching, R. Lawrence Dessem
Faculty Publications
This article will attempt to provide a legal framework for analysis of this not uncommon payment of lower salaries or stipends to the teacher-coaches (both male and female) of girls' athletics than to the teacher-coaches of comparable or identical boys' sports.