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Articles 31 - 60 of 115
Full-Text Articles in Law
Adding Judicial Mediation To The Debate About Judges Attempting To Settle Cases Assigned To Them For Trial, Peter Robinson
Adding Judicial Mediation To The Debate About Judges Attempting To Settle Cases Assigned To Them For Trial, Peter Robinson
Journal of Dispute Resolution
The article then explores the ramifications of the Uniform Mediation Act's express inapplicability of its confidentiality provisions to a mediation "conducted by a judge who might make a ruling on the case." Finally, the article suggests how the advent of judicial mediation might lead to standards of practice that would clarify the law and resolve the debate about judges conducting either settlement conferences or mediations for cases assigned to them for trial.
Reflections On A Mindful Giant: A Tribute To Len Riskin, Margaret Shaw
Reflections On A Mindful Giant: A Tribute To Len Riskin, Margaret Shaw
Journal of Dispute Resolution
Len Riskin is a man who is usually associated with raisins. This is because he is known for getting you to close your eyes and picture grapes growing on a vine somewhere in South America and after a really, really long time and a really, really long trip for those grapes, you get to take a miniscule bite out of the raisin you have been holding that gradually has become the focus of all of your attention.
After Basic Mindfulness Mediation: External Mindfulness, Emotional Truthfulness, And Lie Detection In Dispute Resolution, Clark Freshman
After Basic Mindfulness Mediation: External Mindfulness, Emotional Truthfulness, And Lie Detection In Dispute Resolution, Clark Freshman
Journal of Dispute Resolution
Some years ago, our mutual friend, Carrie Menkel-Meadow, suggested Len Riskin and I talk about our shared interest in mindfulness meditation and negotiation. At the time, I had students sit quietly, eyes closed, get in touch with what was going on before a negotiation, write it out, and then crumple up the paper. It was a primitive form of meditation and journaling and, as I look back through research, not a very sound theoretical or empirically-supported way to help.' Eventually, mindfulness meditation and practices helped move me from my very primitive attempts at mindfulness to a very rich practice that …
State Legislative Update, Melissa Blair, Michael Benton, Jessica Gunder, David Lefevre
State Legislative Update, Melissa Blair, Michael Benton, Jessica Gunder, David Lefevre
Journal of Dispute Resolution
As of December 1, 2006, twenty-eight states have enacted some type of right to cure legislation. On April, 28, 2006, Georgia, one of the twenty-eight, amended its construction defect dispute resolution procedures to clarify the responsibilities of the parties. Pennsylvania attempted to become the twenty-ninth, the bill having passed both houses of the legislature, but the Governor vetoed the bill on March 17. Right to cure legislation was considered in South Dakota, but it was deferred to the 36th Legislative Day on February 8, 2006.
Mediator As Peacemaker: The Case For Activist Transformative-Narrative Mediation, Christopher Harper
Mediator As Peacemaker: The Case For Activist Transformative-Narrative Mediation, Christopher Harper
Journal of Dispute Resolution
This article proposes an approach to mediation encompassing aspects of both of these takes on mediation, something one might loosely think of as "activist transformative-narrative mediation." Essentially, this approach assumes the aspirations and ideology of Professor Gunning's "activist" take on transformative mediation and achieves those aspirations using techniques from narrative mediation. By employing this approach, mediators can actively assist parties to identify and achieve reconciliation, peace, and justice.
Courts Have The Final Say: Does The Doctrine Of Manifest Disregard Promote Lawful Arbitral Awards Or Disguise Unlawful Judicial Review, Lindsay Biesterfeld
Courts Have The Final Say: Does The Doctrine Of Manifest Disregard Promote Lawful Arbitral Awards Or Disguise Unlawful Judicial Review, Lindsay Biesterfeld
Journal of Dispute Resolution
In exchange for a speedy, economical dispute resolution process, parties that submit to binding arbitration assume the risk that an arbitrator might misapply the law. United States Supreme Court precedent and federal law favor agreements to arbitrate by limiting judicial review of arbitral awards and requiring courts to "rigorously enforce arbitration agreements." These judicial constraints support the arbitral goals of efficiency and finality by reducing the risk that arbitral awards will be vacated on appeal. To balance the risk that arbitrators may abuse this standard of review, courts have supplemented restricted judicial review with a doctrine that allows an arbitral …
Closing The Door, But Opening A Window: The Supreme Court's Reaffirmation Of Applying The Federal Arbitration Act To The States, Caroline Kornelis
Closing The Door, But Opening A Window: The Supreme Court's Reaffirmation Of Applying The Federal Arbitration Act To The States, Caroline Kornelis
Journal of Dispute Resolution
The instant case reinforces two key Supreme Court cases regarding the enforcement of arbitration agreements, and the requirement that when parties disagree about the validity of a contract which contains an arbitration clause, the dispute should go directly to an arbitrator, and not be determined by a court. While this case adds no new law to the arbitration landscape per se, it does reaffirm the Supreme Court's, as well as Congress's, firm stance on promoting arbitration. At first glance, the opinion seems to be a cut and dry reaffirmation of principles that have been present in Unites States Supreme Court …
How Can A Mediator Be Both Impartial And Fair: Why Ethical Standards Of Conduct Create Chaos For Mediators, Susan Nauss Exon
How Can A Mediator Be Both Impartial And Fair: Why Ethical Standards Of Conduct Create Chaos For Mediators, Susan Nauss Exon
Journal of Dispute Resolution
This article focuses on newly developing Standards designed to regulate the mediation industry with respect to civil disputes. The particular focus is on the mediator's requirements of neutrality and impartiality and whether these requirements are impacted by assurances of a fair result and other fairness concepts such as a balanced process and informed decision making. The basic problem is that mediators are guided by Standards and stand-alone definitions of mediation, yet many Standards contain contradictory or vague provisions. Furthermore, the mediator's actual role may be dictated by her own personal style, values, and commercial needs in conjunction with the parties' …
Working With Len, James E. Westbrook
Working With Len, James E. Westbrook
Journal of Dispute Resolution
Len Riskin joined the MU faculty in 1984. Our faculty had voted in response to a recommendation of Dean Dale Whitman to begin a new emphasis on alternative dispute resolution. My recollection is that we had a group of very capable teachers with a traditional bent. On the other hand, they had an open mind about trying something new and they got along with each other very well. The kind of faculty we had and the leadership provided by Len, Dale Whitman and a few faculty members such as Tim Heinsz enabled us to do something that surprised a lot …
Faa Preemption By Choice-Of-Law Provisions: Enforceable Or Unenforceable, Ross Ball
Faa Preemption By Choice-Of-Law Provisions: Enforceable Or Unenforceable, Ross Ball
Journal of Dispute Resolution
Generally, choice-of-law provisions allow corporations that do business in several states or countries to draft their agreements and conduct their business in accordance with the law they choose. When the choice-of-law provision is contained in a contract that does not have an agreement to arbitrate, courts generally have no qualms about enforcing them. However, when the contract does contain an agreement to arbitrate, courts are reluctant to enforce the choice-of-law provision as to the arbitration agreement because the Federal Arbitration Act (FAA) governs arbitration agreements. This issue has been the source of much confusion and litigation in the field of …
No Do-Overs For Parties Who Agree To Limit Review Of An Arbitrator's Decision, Patrick Gill
No Do-Overs For Parties Who Agree To Limit Review Of An Arbitrator's Decision, Patrick Gill
Journal of Dispute Resolution
Under the FAA, review of arbitration awards is limited to specific circumstances. However, in many instances, these default rules can be modified by contractual provisions including increasing or decreasing the level of review of arbitration awards. Although a broader scope of review is contrary to the main purposes of arbitration, courts have held that a contractual provision expanding judicial review is permissible. Furthermore, in some limited circumstances, courts have held that a contractual limitation on judicial review is permitted by the FAA where the restriction is clearly manifested in the contract and the process will not become unfair as a …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
The Government Always Wins: The Government Can Now Recover Certain Oversight Costs Under Cercla Sec. 107. United States V. E.I. Dupont De Nemours And Company, Inc., Erin C. Bartley
Journal of Environmental and Sustainability Law
No abstract provided.
Coexistance Strategies In A Biotech World: Exploring Statutory Grower Protections, A. Bryan Endres
Coexistance Strategies In A Biotech World: Exploring Statutory Grower Protections, A. Bryan Endres
Journal of Environmental and Sustainability Law
No abstract provided.
Sovereign Immunity And State Implementation Plans: The Success (Or Failure) Of Citizen Suits Under The Clean Air Act. Sierra Club V. Tennessee Valley Authority, Natalie M. Brinkholder
Sovereign Immunity And State Implementation Plans: The Success (Or Failure) Of Citizen Suits Under The Clean Air Act. Sierra Club V. Tennessee Valley Authority, Natalie M. Brinkholder
Journal of Environmental and Sustainability Law
No abstract provided.
Consideration Of Cumulative Impacts And A Properly Tiered Ea & Eis: A Guarantee For Eighth Circuit Deference To Agency Decision-Making. Arkansas Wildlife Federation V. United States Army Corps Of Engineers, Travis A. Elliott
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Law Updates
Journal of Environmental and Sustainability Law
No abstract provided.
Ninth Circuit Digs Deep When Reviewing Forest Service Decision. Ecology Center, Inc. V. Austin, Seth D. Oksanen
Ninth Circuit Digs Deep When Reviewing Forest Service Decision. Ecology Center, Inc. V. Austin, Seth D. Oksanen
Journal of Environmental and Sustainability Law
No abstract provided.
Employers Beware: The Missouri Court Of Appeals Takes A Bit Out Of The Employment At-Will Doctrine, Daniel P. O'Donnell Jr.
Employers Beware: The Missouri Court Of Appeals Takes A Bit Out Of The Employment At-Will Doctrine, Daniel P. O'Donnell Jr.
Missouri Law Review
In Dunn v. Enterprise Rent-A-Car Co., the Court of Appeals for the Eastern District of Missouri held that Thomas P. Dunn had presented sufficient evidence to state a cause of action for wrongful discharge for refusing to engage in conduct and for reporting conduct which he reasonably believed violated federal securities laws. Dunn continued Missouri's trend of expanding the availability of wrongful discharge actions to at-will employees terminated in contravention of public policy by merely requiring that the employee "reasonably believe" the instances at issue violate the law. This Note argues that the Eastern District was correct in extending the …
Original Intent In The First Congress, Louis J. Sirico Jr.
Original Intent In The First Congress, Louis J. Sirico Jr.
Missouri Law Review
This study examines the arguments that members of the First Congress made with respect to original intent. It identifies and classifies these arguments in categories analogous to those that might be used in cataloguing arguments based on canons of statutory construction. Given the overlapping functions of constitutional argument for courts and legislatures, the analogy should be unsurprising
Group Status And Criminal Defenses: Logical Relationship Or Marriage Of Convenience, Eugene R. Melhizer
Group Status And Criminal Defenses: Logical Relationship Or Marriage Of Convenience, Eugene R. Melhizer
Missouri Law Review
Section I provides a brief overview of the significance of group status generally and its traditional relevance and usage within the criminal justice system. This discussion places the novel, defense-oriented approach to group status in a proper historical and analytical context. Section II begins by sketching a generally accepted system of defenses and placing general defenses within this context. It next describes the proper understanding of justification and excuse, the two preeminent theories for exculpatory general defenses. This complicated and often-contentious area of law is exposited here only insofar as it is necessary to lay the groundwork for the critique …
Inducement Liability For Copyright Infringement Is Born: The Supreme Court Attempts To Remedy The Law's Broken Leg With A Cast On The Arm, Evan F. Fitts
Missouri Law Review
In the wake of Napster's demise, several software companies emerged, intending to capitalize on the high demand for free software that would enable users to access copyrighted music. Grokster, Ltd. ("Grokster") and StreamCast Networks, Inc. ("StreamCast") were two such software companies that, like Napster, were eventually sued for copyright infringement by numerous entertainment industry copyright holders. In Metro-GodwynMayer Studios Inc. v. Grokster, Ltd., the Supreme Court attempted to clarify when a product distributor could be held liable for the infinging acts of a third party that used its product. This note argues that although the Supreme Court's decision introduced a …
Making Main Street Legal Again: The Smartcode Solution To Sprawl, Chad D. Emerson
Making Main Street Legal Again: The Smartcode Solution To Sprawl, Chad D. Emerson
Missouri Law Review
This article will analyze the format of the SmartCode, and, since the SmartCode is only a model code that must be legally customized for local jurisdictions, the article will further explain the legal steps that communities must take in order to implement the SmartCode as a zoning option. While doing so, the article will examine how the strict Euclidean structure of today's conventional zoning codes has necessitated the creation of the SmartCode in order to allow communities to legally utilize traditional town and neighborhood planning techniques
Eminent Domain Reform In Missouri: A Legislative Memoir, Dale A. Whitman
Eminent Domain Reform In Missouri: A Legislative Memoir, Dale A. Whitman
Missouri Law Review
The Missouri General Assembly, like a number of other state legislatures, undertook to reform its statutes relating to eminent domain during the 2006 legislative session. This article is the story of that effort and an analysis of the result. I write from a personal perspective. I was fortunate to have been personally involved in many of the decisions that were made as the bill, House Bill 1944, made its was through the legislative process. This opportunity was, I think, fairly unusual for a law professor; in thirty-seven years of teaching property law, I had never previously been so closely engaged …
Knock-And-Announce Rule: An Illusory Hurdle Or A Legitimate Law Enforcement Limitation, The, Mitchell E. Kempker
Knock-And-Announce Rule: An Illusory Hurdle Or A Legitimate Law Enforcement Limitation, The, Mitchell E. Kempker
Missouri Law Review
Woven into the western world's legal fabric by English courts over four centuries ago, the knock-and-announce rule requires law enforcement officials to knock at a residence and announce their presence prior to executing a search warrant. Recently, the efficacy of this law enforcement restriction and essential civil right has been challenged by various United States courts. On June 15, 2006, the United States Supreme Court eviscerated an essential remedy for violation of this rule, and last year, the Eighth Circuit's decision in Doran v. Eckold diminished the threshold for permissible no-knock entries. These decisions have eroded the constitutional protection the …
Special Statutes Of Limitation And The Servicemembers Civil Relief Act: Case Closed, Alfred J. Ludwig
Special Statutes Of Limitation And The Servicemembers Civil Relief Act: Case Closed, Alfred J. Ludwig
Missouri Law Review
The Servicemembers Civil Relief Act (SCRA) was enacted by Congress "to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service." To this end, the SCRA prevents any period of military service from being "included in computing any period limited by law, regulation, or order . . . by or against the servicemember or the servicemember's heirs, executors, administrators, or assigns." In State ex rel. Estate of Perry v. Roper, the Court of Appeals for the Western District of Missouri applied the SCRA to prevent …
Missouri Still Refuses To Impose Social Host Liability For Furnishing Alcohol To Minors, Al J. Smith
Missouri Still Refuses To Impose Social Host Liability For Furnishing Alcohol To Minors, Al J. Smith
Missouri Law Review
Following the repeal of the Missouri Dramshop Act in 1934, Missouri courts did not recognize a civil cause of action against a supplier of alcohol for injuries suffered by a third person that were caused by an intoxicated person. For many decades, a supplier of alcohol was immune from any liability. Gradually, as society took notice of the dangers created by intoxicated drivers, various courts began chipping away at this common law immunity. Jurisdictions across the country began imposing liability against commercial vendors of alcohol for the injuries caused by intoxicated patrons. In the early 1980s, the Missouri courts first …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
The Lack Of Mold Legislation: A Recipe For Disaster, Leticia M. Diaz
The Lack Of Mold Legislation: A Recipe For Disaster, Leticia M. Diaz
Journal of Environmental and Sustainability Law
No abstract provided.
The Case Against Smoking Bans, Thomas A. Lambert
The Case Against Smoking Bans, Thomas A. Lambert
Journal of Environmental and Sustainability Law
No abstract provided.