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Full-Text Articles in Law
Trust And The Srba Mediation, Francis E. Mcgovern
Trust And The Srba Mediation, Francis E. Mcgovern
Faculty Scholarship
No abstract provided.
The Pragmatic Court: Reinterpreting The Supreme People’S Court Of China, Taisu Zhang
The Pragmatic Court: Reinterpreting The Supreme People’S Court Of China, Taisu Zhang
Faculty Scholarship
This Article examines the institutional motivations that underlie several major developments in the Supreme People's Court of China's recent policy-making. Since 2007, the SPC has sent off a collection of policy signals that escapes sweeping ideological labeling: it has publically embraced a populist view of legal reform by encouraging the use of mediation in dispute resolution and popular participation in judicial policy-making, while continuing to advocate legal professionalization as a long-term policy objective. It has also eagerly attempted to enhance its own institutional competence by promoting judicial efficiency, simplifying key areas of civil law, and expanding its control over lower …
Case Management In The Circuit Courts, Marin K. Levy
Case Management In The Circuit Courts, Marin K. Levy
Faculty Scholarship
No abstract provided.
Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Faculty Scholarship
No abstract provided.
The Small Claims Court: A Reconceptualization Of Disputes And An Empirical Investigation, Neil Vidmar
The Small Claims Court: A Reconceptualization Of Disputes And An Empirical Investigation, Neil Vidmar
Faculty Scholarship
In this paper disputes are seen as varying along a dimension of admitted liability, that is, the extent to which defendants admit some obligation to plaintiffs; they may admit no liability, partial liability, or full liability. This conceptualization was used in an empirical study of a small claims court. The results paint a portrait of the court that is at variance with most of the previous literature. Consumer issues constitute a substantial portion of the court caseload. On average, defendants, including individual consumers, do well when they dispute claims. Among disputed cases, small rather than large businesses predominate. Prior literature …