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Articles 1 - 11 of 11

Full-Text Articles in Law

Arbitration And Judicial Review, Theodore J. St. Antoine Jan 2000

Arbitration And Judicial Review, Theodore J. St. Antoine

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A quarter century ago, in a presentation at the Academy's annual meeting, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. That two-word phrase may be the only thing I ever said before this body that has been remembered. Unfortunately, it is almost invariably misunderstood. Time and again members have reproached me: "What's the big deal about contract reading, anyway? Isn't it just the same as contract interpretation?" Or, more substantively scathing: "Do you really think, Ted, that all you have to do to interpret a labor agreement is to …


Ownership, Commercial Development, Transfer And Use Of Publicly Funded Research Results: The United States Legal Regime, Rebecca S. Eisenberg Jan 2000

Ownership, Commercial Development, Transfer And Use Of Publicly Funded Research Results: The United States Legal Regime, Rebecca S. Eisenberg

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This report summarizes key provisions of the United States. legal regime concerning ownership, dissemination and commercialization of the results of publicly funded research as background for a study on the feasibility of improving access by developing countries and economies in transition to environmentally sound technologies (ESTs) developed in other parts of the world.


Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross Jan 2000

Still Unfair, Still Arbitrary - But Do We Care?, Samuel R. Gross

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Welcome. It is a pleasure to see everybody at this bright and cheery hour of the morning. My assignment is to try to give an overview of the status of the death penalty in America at the beginning of the twenty-first century. I will try to put that in the context of how the death penalty was viewed thirty years ago, or more, and maybe that will tell us something about how the death penalty will be viewed thirty or forty years from now.


Linking The Visions, Donald J. Herzog Jan 2000

Linking The Visions, Donald J. Herzog

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Professor Donald Herzog talks about his teaching and work.


Linking The Visions, Thomas A. Green Jan 2000

Linking The Visions, Thomas A. Green

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Professor Thomas Green talks about his teaching and work.


Linking The Visions, Phoebe C. Ellsworth Jan 2000

Linking The Visions, Phoebe C. Ellsworth

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Professor Phoebe Ellsworth talks about her teaching and work.


Linking The Visions, Christina B. Whitman Jan 2000

Linking The Visions, Christina B. Whitman

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Professor Christina Whitman talks about her teaching and her work.


Linking The Visions, Omri Ben-Shahar Jan 2000

Linking The Visions, Omri Ben-Shahar

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Professor Omri Ben-Shahar talks about his teaching and work.


In Praise Of Thermostats, John W. Reed Jan 2000

In Praise Of Thermostats, John W. Reed

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Fifty years ago, a famous book was published that chronicled the sea change then occurring in society. David Reisman's The Lonely Crowdl made us aware of the decline of concern for the common good and the rise of the search for individual meaning. What was going on at that time was one of the most profound cultural changes that has ever taken place in such a short time. It was not just the beginning of the Me Generation but, it turned out, the beginning of the Me Culture, which continues to this day.


Mandatory Arbitration: Bane Or Boon?, Theodore St. Antoine Jan 2000

Mandatory Arbitration: Bane Or Boon?, Theodore St. Antoine

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Buy a new car that turns out to be a lemon and you may find you can't sue. Fine print in the sales contract often restricts you to arbitration. That means presenting your case before a private person instead of a judge and jury. And the arbitrator may be someone drawn from a panel compiled by the car seller.


Political Questions, Judicial Questions, And The Problem Of Washington V. Glucksberg, Carl E. Schneider Jan 2000

Political Questions, Judicial Questions, And The Problem Of Washington V. Glucksberg, Carl E. Schneider

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Over a century and a half ago, Alexis de Tocqueville famously said, "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." Physician-assisted suicide superbly illustrates Tocqueville's acute observation. For a number of years, assisted suicide was the prototype of a (nonpartisan) political question. Interest groups brought it to public attention. Public discussion of it flourished. Legislatures debated it. Citizens in several states decided in referenda whether to make it legal. Almost suddenly, however, this classic political process was transformed into a judicial one by the startling and strongly stated …