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Articles 1 - 30 of 90
Full-Text Articles in Law
Resolving Time Sensitive Construction Disputes: Are Attorneys Just Getting In The Way?, Jeremy Winter
Resolving Time Sensitive Construction Disputes: Are Attorneys Just Getting In The Way?, Jeremy Winter
Pepperdine Dispute Resolution Law Journal
In addition to promoting the usage of other compelling dispute resolution alternatives such as dispute review boards, this Article advances the argument for marginalizing the over-involvement of and dependence upon zealous adversarial attorneys when attempting to resolve time sensitive construction disputes. More specifically, the remainder of this Article is divided into four main sections. Part II will introduce the construction industry's transactional system through the lens of principal construction professionals, examine the different types of construction contracts, and outline some common time sensitive construction disputes. Part III will provide an overview of alternative dispute resolution's rich connection to the construction …
Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski
Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski
Pepperdine Law Review
With declining law school enrollments, rising rates of pro se litigation, increasing competition from international lawyers and other professionals, and disparaging assessments from the Supreme Court, the legal profession is under increasing attack. Recent research suggesting that legal representation does not benefit clients has further fueled an existential anxiety in the profession. Are lawyers needed and do they matter? In this Article, we review the existing empirical research on the effect of legal representation on civil dispute outcomes. Although the pattern of results has complexities, across a wide range of substantive areas of law (housing, governmental benefits, family law, employment …
Mi Casa Es Su Casa: The Benefits Of A Hud Mediation Program For Resolving Housing Accommodation Or Modification Disputes Between Landlords And Tenants With Disabilities, Adam Knobler
Pepperdine Law Review
After first providing a background on federal housing laws that prohibit discrimination based on disability, this article then proceeds to describe and analyze the remedies available to tenants who have experienced disability discrimination. The article concludes that, not only are such remedies as filing a complaint or pursuing litigation difficult and time-consuming, they could also damage the long-term relationship between the parties and preclude the possibility of creative remedies that satisfy the needs of both parties. The article finishes by proposing that HUD develop an agency-wide mediation program based on the model of the Equal Employment Opportunity Commission (EEOC) mediation …
Unilateral Forum Selection Clauses In Corporate Bylaws: A Synopsis Of The Debate, Bryce Cullinane
Unilateral Forum Selection Clauses In Corporate Bylaws: A Synopsis Of The Debate, Bryce Cullinane
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Complex Litigation In The New Era Of The Ijury, Andrew J. Wilhelm
Complex Litigation In The New Era Of The Ijury, Andrew J. Wilhelm
Pepperdine Law Review
This Comment argues for a comprehensive approach to legitimizing the lay jury—an approach involving education, attorney adaptation, courtroom renovations, and judicial knowledge—and a better understanding of how legal professionals can fairly and most effectively transmit knowledge to the average American. The lay jury can remain a vital, unique part of the American judicial system if the bench and bar take seriously their responsibilities and adapt to today’s new reality. Part II examines the background of three basic components of a successful contemporary trial: technology, litigation, and the jury. Part III explores how these three components have evolved in the modern …
The Case For Forgiveness In Legal Disputes, Eileen Barker
The Case For Forgiveness In Legal Disputes, Eileen Barker
Pepperdine Dispute Resolution Law Journal
The article offers information on the education and understanding of forgiveness, which assists lawyers and mediators in supporting their clients in the area of forgiveness. It discusses two types of forgiveness relevant to legal disputes including bilateral forgiveness and unilateral forgiveness, and briefs common misconceptions about forgiveness. It analyzes that the essence of forgiveness is the giving up of resentment, anger, and hatred.
Secret Arbitration Or Civil Litigation?: An Analysis Of The Delaware Arbitration Program, Jores Kharatian
Secret Arbitration Or Civil Litigation?: An Analysis Of The Delaware Arbitration Program, Jores Kharatian
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Delaware Arbitration Experiment: Not Just A “Secret Court”, Jessica Tyndall
The Delaware Arbitration Experiment: Not Just A “Secret Court”, Jessica Tyndall
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Delaware's Closed Door Arbitration: What The Future Holds For Large Business Disputes And How It Will Affect M&A Deals, Myron T. Steele, Thomas J. Stipanowich, Robert Anderson, James R. Griffin, Katherine Blair, Monica Shilling
Delaware's Closed Door Arbitration: What The Future Holds For Large Business Disputes And How It Will Affect M&A Deals, Myron T. Steele, Thomas J. Stipanowich, Robert Anderson, James R. Griffin, Katherine Blair, Monica Shilling
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich
The Journal of Business, Entrepreneurship & the Law
The Delaware Arbitration Program established a procedure by which businesses can agree to have their disputes heard in an arbitration proceeding before a sitting judge of the state’s highly regarded Chancery Court. The Program arguably offers a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy. It also may enhance the reputation of Delaware as the forum of choice for businesses. But the Program’s ambitious intermingling of public and private forums brings into play the longstanding tug-of-war between the traditional view of court …
Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia
Judicial Deference To Administrative Interpretations Of Law, Antonin Scalia
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Note: Calvin V. Chater: The Right To Subpoena The Physician In Ssa Cases: Conflict In The Circuits Over The Interpretation Of 20 C.F.R. 404.950(D)(1), Elliot B. Oppenheim
Note: Calvin V. Chater: The Right To Subpoena The Physician In Ssa Cases: Conflict In The Circuits Over The Interpretation Of 20 C.F.R. 404.950(D)(1), Elliot B. Oppenheim
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata, Matt Bove
Marco V. Doherty: Forcing An Agency To Play By Its Own Rules: Administrative Res Judicata, Matt Bove
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Judicial Independence In Administrative Adjudication: Indiana's Environmental Solution, Lori Kyle Endris, Wayne E. Penrod
Judicial Independence In Administrative Adjudication: Indiana's Environmental Solution, Lori Kyle Endris, Wayne E. Penrod
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Res Judicata: California V. Sims, Alan Saltzman
Res Judicata: California V. Sims, Alan Saltzman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein
Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Privately Employed Hearing Officers: Hearing Board Procedures Of The New York Stock Exchange, David J. Agatstein
Privately Employed Hearing Officers: Hearing Board Procedures Of The New York Stock Exchange, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Agency Inaction, Abner J. Mikva
Agency Inaction, Abner J. Mikva
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.
Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.
Journal of the National Association of Administrative Law Judiciary
This article considers the interaction between administrative agency decisions and wrongful dismissal lawsuits under the res judicata doctrine.
Impeachment In Administrative Cases, Calvin William Sharpe
Impeachment In Administrative Cases, Calvin William Sharpe
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains
A Specialized Court For Social Security? A Critique Of Recent Proposals, Robert E. Rains
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts, Deborah J. Olsen
Aviation Litigation: Federal Preemption And The Creation Of A Federal Remedy As A Means To Extinguish The Current Confusion In The Courts, Deborah J. Olsen
Pepperdine Law Review
No abstract provided.
Reimbursement Of Community Contributions To A Spouse's Education Upon Divorce: California Civil Code Section 4800.3, Suzanne E. Rand
Reimbursement Of Community Contributions To A Spouse's Education Upon Divorce: California Civil Code Section 4800.3, Suzanne E. Rand
Pepperdine Law Review
When the California Legislature passed California Civil Code section 4800.3, it attempted to create a remedy for the circumstances posed by the highly publicized case of In re Marriage of Sullivan. The legislature created a new cause of action for "reimbursement" of funds contributed to the education or training of a spouse. The question remains whether reimbursement is an equitable and workable remedy for the Sullivan type situation. This comment analyzes the section and suggests possible approaches to litigation of a section 4800.3 claim.
California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt, Emery J. Mishky, Robert Tessier, Patrick G. Vastano
California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt, Emery J. Mishky, Robert Tessier, Patrick G. Vastano
Pepperdine Law Review
No abstract provided.
Recent Developments In Alternative Dispute Resolution , Lee R. Petillon
Recent Developments In Alternative Dispute Resolution , Lee R. Petillon
Pepperdine Law Review
No abstract provided.
Espionage: Anything Goes?, Karen Jennings
Reasoning Per Se And Horizontal Price Fixing: An Emerging Trend In Antitrust Litigation?, Joseph W. Defuria Jr.
Reasoning Per Se And Horizontal Price Fixing: An Emerging Trend In Antitrust Litigation?, Joseph W. Defuria Jr.
Pepperdine Law Review
No abstract provided.
The Mandatory Summary Jury Trial In Federal Court: Foundationally Flawed, Nina Jill Spiegel
The Mandatory Summary Jury Trial In Federal Court: Foundationally Flawed, Nina Jill Spiegel
Pepperdine Law Review
No abstract provided.