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Law and Contemporary Problems

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Full-Text Articles in Law

Scaling Up Deliberative Democracy As Dispute Resolution In Healthcare Reform: A Work In Progress , Carrie Menkel-Meadow Jul 2011

Scaling Up Deliberative Democracy As Dispute Resolution In Healthcare Reform: A Work In Progress , Carrie Menkel-Meadow

Law and Contemporary Problems

No abstract provided.


Is There An App For That? Electronic Health Records (Ehrs) And A New Environment Of Conflict Prevention And Resolution, Ethan Katsh, Norman Sondheimer, Prashila Dullabh, Samuel Stromberg Jul 2011

Is There An App For That? Electronic Health Records (Ehrs) And A New Environment Of Conflict Prevention And Resolution, Ethan Katsh, Norman Sondheimer, Prashila Dullabh, Samuel Stromberg

Law and Contemporary Problems

Katsh discusses the new problems that are a consequence of a new technological environment in healthcare, one that has an array of elements that makes the emergence of disputes likely. Novel uses of technology have already addressed both the problem and its source in other contexts, such as e-commerce, where large numbers of transactions have generated large numbers of disputes. If technology-supported healthcare is to improve the field of medicine, a similar effort at dispute prevention and resolution will be necessary.


Why Didn’T Subprime Investors Demand A (Much Larger) Lemons Premium?, Claire A. Hill Apr 2011

Why Didn’T Subprime Investors Demand A (Much Larger) Lemons Premium?, Claire A. Hill

Law and Contemporary Problems

The subprime crisis would never have occurred had investors not been such enthusiastic consumers of subprime securities. The investors now say, somewhat self-servingly (but probably correctly), that they did not understand the securities -- securities for which they were willing to pay very high prices. Investors' willingness to purchase these securities on terms that were favorable to the sellers, and unfavorable to them, presents a considerable puzzle. Investors do not want to miss out on the next big thing.


Examining The Applicability Of The Concepts Of Apology, Forgiveness, And Reconciliation To Multi-Stakeholder, Collaborative Problem-Solving Processes, Jennifer Pratt Miles Apr 2009

Examining The Applicability Of The Concepts Of Apology, Forgiveness, And Reconciliation To Multi-Stakeholder, Collaborative Problem-Solving Processes, Jennifer Pratt Miles

Law and Contemporary Problems

In 2004, Meridian Institute, an organization with expertise in designing, facilitating, and mediating collaborative problem-solving processes, was asked to assess the feasibility of forming collaborative, community-based-watershed groups in northern New Mexico to develop plans to address water-quality problems and--if determined to be feasible--to facilitate the formation of those groups and plans. Early in the assessment process it became clear that the historical context was critically important and was one of the factors that had to be addressed. Here, Miles explores the applicability of apology, forgiveness, and reconciliation to a collaborative group process that can be examined through the example of ...


Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins Apr 2009

Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins

Law and Contemporary Problems

In recent decades, the criminal-justice pendulum has swung to the opposite extreme. Criminal law is often described as covering disputes between the offender and the state. Victims are not direct parties to criminal proceedings, they have no formal right to either initiate or terminate a criminal action, and they have no control over the punishment meted out to offenders. In this state-centric system, victim needs have been left unsatisfied, giving rise to a politically powerful victims' rights movement that has had success in giving victims rights of access to prosecutors and rights to be heard in the courtroom. Here, O ...


Polarization: The Role Of Emotions In Reconciliation Efforts, Meghan Clarke Apr 2009

Polarization: The Role Of Emotions In Reconciliation Efforts, Meghan Clarke

Law and Contemporary Problems

Clarke points out some strategies that have been used in the Collaborative Change Approach to group-conflict resolution that are designed to help depolarize the competing sides' stances toward one another. In order to try to break down the hostility between the groups, Clarke brings together each identity or stakeholder group in order to share with one another why each group cares passionately about the issue. Clarke provides the example of a groundfishery conflict that involved recreational fishermen, commercial fishermen, environmentalists, researchers, and government officials. The interests of each of these groups conflicted, but no group had morally problematic motivations or ...


Legitimacy And Effectiveness Of A Grassroots Truth And Reconciliation Commission, Jill E. Williams Apr 2009

Legitimacy And Effectiveness Of A Grassroots Truth And Reconciliation Commission, Jill E. Williams

Law and Contemporary Problems

Williams describes the Truth and Reconciliation Commission (TRC) process that was put into place in Greensboro NC. That process was set up to address community hostilities that had been festering for more than twenty years, since the 1979 killings of black protesters by Ku Klux Klansmen and American Nazis. In that case a grassroots-initiated TRC was formed to address the community problems, but it was not backed by the local government and it lacked the ability to grant amnesty or to subpoena witnesses. Community members had very different views regarding the necessity and likely helpfulness of the TRC. She concludes ...


Forms Of European Administrative Action, Mario P. Chiti Dec 2004

Forms Of European Administrative Action, Mario P. Chiti

Law and Contemporary Problems

Chiti examines the various forms of European administration and their associated administrative law systems. Chiti recounts the history of administration and of administrative law in the European Community, examines the main types of administrative action in the Community, and highlights the novel elements and the shortcomings of European administrative law today.


Strengthening Science’S Voice At Epa, E. Donald Elliott Oct 2003

Strengthening Science’S Voice At Epa, E. Donald Elliott

Law and Contemporary Problems

Elliott considers the problem of institutional reforms to enhance the role of science in EPA decisionmaking. He asserts that science is underrepresented in policymaking at the EPA and that the quality of decisions at the margins would be improved by giving science somewhat greater influence.


Good Enough For Government Work: The Constitutional Duty To Preserve Forensic Interviews Of Child Victims, Lucy S. Mcgough Jan 2002

Good Enough For Government Work: The Constitutional Duty To Preserve Forensic Interviews Of Child Victims, Lucy S. Mcgough

Law and Contemporary Problems

McGough proceeds with the confidence on the premise that a forensic interview of a child by a member of the prosecutorial team offers many opportunities for compromising the reliability of the child's remembered account. A vast volume of research data now exists that documents the conclusion that the forensic interviewing of children is a very delicate, sophisticated, and high-risk enterprise.


Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler Jul 1991

Science In The Court: Is There A Role For Alternative Dispute Resolution, Deborah R. Hensler

Law and Contemporary Problems

It is suggested that alternative dispute resolution procedures might remedy perceived problems in court procedures for dealing with scientific questions in medical malpractice, product liability and toxic tort litigation.


Hearing The Hidden Agenda: The Ethnographic Investigation Of Procedure, John M. Conley, William M. O'Barr Oct 1988

Hearing The Hidden Agenda: The Ethnographic Investigation Of Procedure, John M. Conley, William M. O'Barr

Law and Contemporary Problems

No abstract provided.


Multiple Regression Analysis In Title Vii Cases: A Structural Approach To Attacks Of Missing Factors And “Pre-Act Discrimination”, Barbara A. Norris Oct 1986

Multiple Regression Analysis In Title Vii Cases: A Structural Approach To Attacks Of Missing Factors And “Pre-Act Discrimination”, Barbara A. Norris

Law and Contemporary Problems

No abstract provided.


Statistical Proof And Theories Of Discrimination, Douglas Laycock Oct 1986

Statistical Proof And Theories Of Discrimination, Douglas Laycock

Law and Contemporary Problems

No abstract provided.


Title Vii, Multiple Linear Regression Models, And The Courts: An Analysis Oct 1983

Title Vii, Multiple Linear Regression Models, And The Courts: An Analysis

Law and Contemporary Problems

No abstract provided.


The Problem Of Multiple Components Or Divisions In Title Vii Litigation: A Comment, David W. Barnes Oct 1983

The Problem Of Multiple Components Or Divisions In Title Vii Litigation: A Comment, David W. Barnes

Law and Contemporary Problems

No abstract provided.


Testing For Discrimination In Employment Practices, Robert Follett, Finis Welch Oct 1983

Testing For Discrimination In Employment Practices, Robert Follett, Finis Welch

Law and Contemporary Problems

No abstract provided.


The Use Of Statistics To Prove Intentional Employment Discrimination, Elaine W. Shoben Oct 1983

The Use Of Statistics To Prove Intentional Employment Discrimination, Elaine W. Shoben

Law and Contemporary Problems

No abstract provided.