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Articles 31 - 35 of 35
Full-Text Articles in Law
To Err Is Human: The Judicial Conundrum Of Curing Apprendi Error, Joshua Fairfield
To Err Is Human: The Judicial Conundrum Of Curing Apprendi Error, Joshua Fairfield
Articles by Maurer Faculty
No abstract provided.
Advancing The Language Of Human Rights In A Global Economic Order: An Analysis Of A Discourse, Christiana Ochoa
Advancing The Language Of Human Rights In A Global Economic Order: An Analysis Of A Discourse, Christiana Ochoa
Articles by Maurer Faculty
Human rights language is particularly attuned to setting out the goals of protecting the worlds least protected people. As human rights advocates have entered negotiations with international economic institutions and transnational corporations (TNCs), such negotiations have often resulted in an alternative language to describe the necessity of protecting and promoting human rights. After describing the progressive inclusion of human rights ideas by TNCs, the World Bank, the IMF, and the WTO, this Article argues that, while such inclusion is a benefit to the human rights movement, the creation of an alternative language to describe human rights goals is potentially detrimental. …
African-Americans Within The Context Of International Oppression, Kevin D. Brown
African-Americans Within The Context Of International Oppression, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson
Clear Sailing Agreements: A Special Form Of Collusion In Class Action Settlements, William D. Henderson
Articles by Maurer Faculty
A clear sailing agreement (or clause) is a compromise in which a class action defendant agrees not to contest the class lawyer's petition for attorneys' fees. This Article argues that clear sailing provisions often facilitate collusive settlements in cases involving non-pecuniary relief or claims-made common funds that return all unclaimed monies to the defendant. Because these types of settlements present difficult valuation problems, trial courts lack a clear benchmark for calculating attorneys' fees. Defendants and class can exploit this uncertainty by presenting an inflated settlement value to the court (to justify higher attorneys' fees) while simultaneously reducing the true cost …
Revisiting The Vast Wasteland, Fred H. Cate, Newton N. Minow
Revisiting The Vast Wasteland, Fred H. Cate, Newton N. Minow
Articles by Maurer Faculty
No abstract provided.