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Articles 1 - 12 of 12
Full-Text Articles in Law
The Case For A Legislative Solution To Indian Water Claims, James M. Bush
The Case For A Legislative Solution To Indian Water Claims, James M. Bush
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
57 pages.
Flpma As It Affects The Mining Industry, William R. Marsh
Flpma As It Affects The Mining Industry, William R. Marsh
The Federal Land Policy and Management Act (Summer Conference, June 6-8)
67 pages.
11 pages of text with appendices.
Rethinking Standing, Gene R. Nichol Jr.
The Need To Utilize International Arbitration, Gerald Aksen
The Need To Utilize International Arbitration, Gerald Aksen
Vanderbilt Journal of Transnational Law
I have been asked to discuss how to convince United States businessmen of the need for utilizing international arbitration. Basically, however, there is a realistic need for this well recognized form of alternative dispute settlement. Primarily, international arbitration affords companies the ability to avoid the uncertainties and complexities of foreign litigation. I found it interesting that Professor Vagts used the word "paradox" in referring to the existence of both the lack of effective treaties on the enforcement of foreign judgments and the host of treaties on the enforcement of foreign arbitral awards. Why is it a paradox? International arbitration was …
Attorney-Client Privilege: A Guide For Corporations, Pamela Taylor
Attorney-Client Privilege: A Guide For Corporations, Pamela Taylor
University of Arkansas at Little Rock Law Review
No abstract provided.
The Iranian Asset Negotiations, John E. Hoffman, Jr.
The Iranian Asset Negotiations, John E. Hoffman, Jr.
Vanderbilt Journal of Transnational Law
At the outset, I owe an obligation to you and to my fellow panelists to reveal my true colors. Following the remarks of Mr. Aksen and Mr. Rhodes, you would be entitled to expect me to give some examples of how some distressed clients entered this wonderful world of arbitration, how the scales fell from their corporate eyes, and how their problems were solved. I am going to tell a bit of a story this afternoon. The focus of it is arbitration, but I should tell you it is not an arbitration that occurred. The story is of an arbitration …
Motions To Enforce Settlements: An Important Procedural Tool, Jeffrey W. Stempel
Motions To Enforce Settlements: An Important Procedural Tool, Jeffrey W. Stempel
Scholarly Works
No abstract provided.
Application Of Compulsory Joinder, Intervention, Impleader, And Attachment To The Letter Of Credit Litigation, David C. Howard
Application Of Compulsory Joinder, Intervention, Impleader, And Attachment To The Letter Of Credit Litigation, David C. Howard
Fordham Law Review
No abstract provided.
Admissibility Of Laboratory Reports, Paul C. Giannelli
Admissibility Of Laboratory Reports, Paul C. Giannelli
Faculty Publications
No abstract provided.
“Other Acts” Evidence, Paul C. Giannelli
Fraud On The Market: A Criticism Of Dispensing With Reliance Requirements In Certain Open Market Transactions, Barbara Black
Fraud On The Market: A Criticism Of Dispensing With Reliance Requirements In Certain Open Market Transactions, Barbara Black
Faculty Articles and Other Publications
The still-developing fraud on the market theory is the primary method by which securitiesf raudp laintiffs have attempted either to relax or eliminate the troubling reliance and causation requirements. Professor Black examines this emerging theory and suggests that the traditional common-lawfraud concepts that focus on reliance and causation still have validity and continue, even in this context, to offer appropriate
limitations on liability. The Article analyzes cases that have reduced or ignored this reliance element and explains why the legal concepts from which the fraud on the market theory evolved demand stricter adherence to reliance in certain markets but not …
Drafting The Arbitration Clause, Whitmore Gray
Drafting The Arbitration Clause, Whitmore Gray
Book Chapters
Providing in the contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense this is what he or she is doing in general in contract drafting--anticipating misunderstandings or problems which experience indicates are likely to arise, and trying to provide clear answers in advance. When it comes to drafting a specific clause for the resolution of further disputes which may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on or draw the other …