Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Dispute Resolution and Arbitration (10)
- Courts (3)
- Legal Profession (3)
- Litigation (3)
- Contracts (2)
-
- Family Law (2)
- First Amendment (2)
- Judges (2)
- Labor and Employment Law (2)
- Legal Education (2)
- Legal Ethics and Professional Responsibility (2)
- Medical Jurisprudence (2)
- Accounting Law (1)
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Criminal Procedure (1)
- Early Childhood Education (1)
- Education (1)
- Food and Drug Law (1)
- Housing Law (1)
- Insurance Law (1)
- Internet Law (1)
- Law Enforcement and Corrections (1)
- Law and Gender (1)
- Legislation (1)
- Religion Law (1)
- Social and Behavioral Sciences (1)
- Sports Studies (1)
- Keyword
-
- ADR (3)
- Arbitration (3)
- Dispute resolution (3)
- Alternative dispute resolution (2)
- Federal Arbitration Act (2)
-
- First amendment (2)
- Judges (2)
- Labor and employment (2)
- 180-day exclusivity (1)
- ANDA (1)
- Acquittal (1)
- Acquittal rate (1)
- Adoption law (1)
- Adr (1)
- Aiding and abetting (1)
- Anonymous speech (1)
- At-will employment (1)
- Attorney advertising (1)
- Attorney blogs (1)
- Attorney regulation (1)
- Attorney websites (1)
- Bargaining power (1)
- Broadcast advertising (1)
- Church and state (1)
- Citizenship (1)
- Collaborative law (1)
- Commercial law (1)
- Commercial speech (1)
- Conflict (1)
- Conflict bias (1)
Articles 1 - 30 of 33
Full-Text Articles in Law
Top 10 Stories You Probably Missed: Respect Brings Out The Best In Kids And Parents, Douglas E. Abrams
Top 10 Stories You Probably Missed: Respect Brings Out The Best In Kids And Parents, Douglas E. Abrams
Faculty Publications
No abstract provided.
Process Purity And Innovation In Dispute Resolution: A Response To Professors Stempel, Cole, And Drahozal, Richard C. Reuben
Process Purity And Innovation In Dispute Resolution: A Response To Professors Stempel, Cole, And Drahozal, Richard C. Reuben
Faculty Publications
This article uses a "process characteristics and values" approach to make the case against displacing arbitration finality with substantive judicial review. It responds to a trio of articles in a forthcoming Nevada Law Review symposium on whether and how the Federal Arbitration Act should be amended. In one article, Nevada Law Professor Jeffrey Stempel contends all arbitration awards should be subject to substantive judicial review similar to that of public trial courts. In a second article, Ohio State Professor Sarah Cole argues that substantive review should generally be permitted when the parties agree to it by contract, an issue now …
Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Lidsky, Tera Peterson
Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Lidsky, Tera Peterson
Faculty Publications
Florida has been one of the most aggressive states in regulating attorney advertising. The Florida Supreme Court recently adopted new and more stringent rules regulating broadcast advertising by attorneys, and the court appears poised to adopt new and more stringent rules governing Internet advertising by attorneys. As this Article details, the problem is that Florida's new and proposed rules violate both the First Amendment and sound public policy principles. This Article provides guidance to states contemplating further regulation of attorney advertising, and it indirectly critiques current commercial speech doctrine.
Those Pesky Footnotes - Part Ii, Douglas E. Abrams
Those Pesky Footnotes - Part Ii, Douglas E. Abrams
Faculty Publications
No abstract provided.
When Accommodations For Religion Violate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
When Accommodations For Religion Violate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck
Faculty Publications
This article sets forth five rules with respect to what government may do to accommodate religious practice and five rules with respect to what government may not do. As it turns out the Supreme Court has said that most religious accommodations are left to the broad discretion of legislators and public officials. So long as the object of the accommodation is to protect or expand religious freedom, as distinct from expanding religion, the accommodation will be permitted.
Consideration Of 'Contracting Culture' In Enforcing Arbitration Provisions, Amy J. Schmitz
Consideration Of 'Contracting Culture' In Enforcing Arbitration Provisions, Amy J. Schmitz
Faculty Publications
The Federal Arbitration Act mandates strict and uniform enforcement of standardized pre-dispute arbitration provisions. This may not be proper, however, in light of the importance of context with respect to these provisions. This Article therefore seeks to remind courts of the importance of exchange context by proposing a "contracting culture" continuum for enforcing these arbitration provisions that acknowledges the impacts of these provisions in a particular communal context. "Contracting culture" encompasses economic and non-economic relational factors that impact dispute resolution agreements, but go beyond common conceptions of "culture" focused on ethnicity, nationality, or religion. It also explores beyond the primary …
A Special Publication, Richard C. Reuben
A Special Publication, Richard C. Reuben
Faculty Publications
As he notes, Richard Reuben was not the first editor of this magazine. But he was surely the dominant one. He took over the position in the spring issue of 1997, and over the ensuing decade he has left an indelible mark of excellence and professionalism on the publication.
Investigating The Justice System Response To Domestic Violence In Missouri, Mary M. Beck, Brandi L. Byrd, M. Meghan Davidson, Niels C. Beck, Gregory F. Petroski
Investigating The Justice System Response To Domestic Violence In Missouri, Mary M. Beck, Brandi L. Byrd, M. Meghan Davidson, Niels C. Beck, Gregory F. Petroski
Faculty Publications
One in four women will experience domestic violence in their lifetimes. Each year, 5.3 million domestic violence assaults occur in the United States alone and domestic violence is the leading cause of injury to women. Yet, despite the prevalence of domestic violence, little empirical research on the justice system's response to it exists. This paper seeks to describe a state funded project that was created to assess and compare responses to domestic violence throughout the state of Missouri. The project lasted for three years and was conducted by an interdisciplinary team of University of Missouri-Columbia (MU) professors and students.
Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz
Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz
Faculty Publications
This Article is part of my larger project exploring what I call "contracting culture," which borrows from legal realism and relational contract theory by considering contextual factors such as negotiators' relations, understandings, and values. As part of this project, I am pursuing various threads, including empirical studies of how contracting realities impact arbitration. In this Article, however, I focus on how these realities in business to consumer contracts combine with the Federal Arbitration Act and formulaic contract law to foster dangerous deference to form arbitration provisions. The Article then invites procedural reforms and offers suggestions for regulations aimed to temper …
Life, Health, And Disability Insurance: Understanding The Relationships, Robert H. Jerry Ii
Life, Health, And Disability Insurance: Understanding The Relationships, Robert H. Jerry Ii
Faculty Publications
This project focuses on the extent to which dis-ability insurers should be allowed to use genetic information in underwriting and rate-setting, but this subject cannot be completely isolated from the related questions of whether life and health insurers should also have this discretion. Federal and state laws place significant restrictions on insurers' use of genetic information in health insurance, but regulation of such use in life and disability insurance is considerably more modest. This essay examines the reasons for this disparity and discusses the implications for future proposals to regulate disability insurers' use of genetic information in underwriting and rate-set-ting. …
Those Pesky Footnotes - Part I, Douglas E. Abrams
Those Pesky Footnotes - Part I, Douglas E. Abrams
Faculty Publications
No abstract provided.
Several Initiatives On Media And Conflict Under Way, Richard C. Reuben
Several Initiatives On Media And Conflict Under Way, Richard C. Reuben
Faculty Publications
Both in Arizona and in other jurisdictions, both in longstanding and newly implemented programs, both currently and more than a decade ago, court-connected arbitration does not appear to reduce, but also does not substantially improve, the effectiveness and efficiency of dispute resolution. It does, however, seem to increase litigants' access to a hearing. How aspects of program structure could enhance arbitration's performance warrants further study.
Social Isolation And American Workers: Employee "Blogging" And Legal Reform, Rafael Gely, Leonard Bierman
Social Isolation And American Workers: Employee "Blogging" And Legal Reform, Rafael Gely, Leonard Bierman
Faculty Publications
This article further demonstrates that state common law exceptions to the employment-at-will doctrine are not providing significant redress to employees fired or otherwise disciplined for blogging.
Judging Judges And Dispute Resolution Processes, John M. Lande
Judging Judges And Dispute Resolution Processes, John M. Lande
Faculty Publications
This article critiques Professor Chris Guthrie's lead symposium article entitled, "Misjudging." Guthrie's article makes two major arguments. The first is a descriptive, empirical argument that judges are prone to error because of three types of "blinders" and that people underestimate the amount of such judicial error. The second argument is prescriptive, recommending that, because of these judicial blinders, disputants should consider using non-judicial dispute resolution processes generally, and particularly facilitative mediation and arbitration.This article critiques both arguments. It notes that, although Guthrie presents evidence that judges do make the kinds of errors that he describes, his article does not address …
On Misjudging And Its Implications For Criminal Defendants, Their Lawyers And The Criminal Justice System, Rodney J. Uphoff
On Misjudging And Its Implications For Criminal Defendants, Their Lawyers And The Criminal Justice System, Rodney J. Uphoff
Faculty Publications
Unquestionably, judges misjudge. Even the most arrogant of judges ultimately will concede that all judges err and, at some point, fail to apply governing law to the facts of the case accurately. Although all might agree that judges err, not all judges, lawyers, and scholars agree on how judges should behave or on what constitutes good judging. Not surprisingly, they also disagree about misjudging and the frequency with which it occurs.In his provocative article Misjudging, Chris Guthrie contends that “misjudging is more common, more systematic, and more harmful than the legal system has fully realized.” Based on my observations and …
The Writer's Theater, Douglas E. Abrams
Listening To Experienced Users, John M. Lande
Listening To Experienced Users, John M. Lande
Faculty Publications
In response to concerns about poor-quality mediation services in commercial cases, the Section of Dispute Resolution recently established a Task Force to develop realistic proposals to increase the quality and use of commercial mediation. As an initial step, the Task Force on Improving Mediation Quality conducted focus groups with experienced mediation users. This article summarizes key findings from the initial sets of focus groups. We found that focus group participants have nuanced understandings of the mediation process, their role in it, and the qualities they want in a mediator. In general, focus group participants want better access to information about …
News Reporting And Its Impact On Conflict, Richard C. Reuben
News Reporting And Its Impact On Conflict, Richard C. Reuben
Faculty Publications
This symposium seeks to bridge this important gap in our social understanding of conflict by stimulating a sustained discussion among scholars about its contours. The task is important and timely, worthy of effort on both the media and the conflict sides of the equation.
Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth
Why Mortgagors Can't Get No Satisfaction, R. Wilson Freyermuth
Faculty Publications
This article addresses current law governing mortgage satisfaction, the need for effective reform, and the extent to which URMSA provides (or fails to provide) that reform.
The Law And Economics Of Identity, Rafael Gely
The Law And Economics Of Identity, Rafael Gely
Faculty Publications
A growing number of legal scholars have written about the demands that society and particular employers have placed on non-traditional employees to perform their identities, “or make themselves palatable” to their employers, by comporting with the criteria that the institution values. These authors have forcefully made the argument that some of these requirements are actually a form of class subordination; as a response, they argue for various forms of legal intervention.
Doctors & Juries, Philip G. Peters Jr.
Doctors & Juries, Philip G. Peters Jr.
Faculty Publications
Legislation is pending in both houses of Congress to transfer medical malpractice cases from civil juries to administrative health courts. The Institute of Medicine also wants to take malpractice cases away from juries through a system of binding early settlement offers. Each of these proposals is premised on the assumption that juries lack the capacity to resolve medical malpractice disputes fairly. This article evaluates that premise. It collects and synthesizes three decades of empirical research on jury decision-making, updating the seminal review done by Neil Vidmar over a decade ago.Four important findings emerge from the data. First, negligence matters. Plaintiffs …
What We Know About Malpractice Settlements, Philip G. Peters Jr.
What We Know About Malpractice Settlements, Philip G. Peters Jr.
Faculty Publications
The enclosed article is the first comprehensive synthesis of two decades of empirical research on medical malpractice settlement. The portrait that emerges from this synthesis is both more reassuring and more complex than popular portrayals. Although the fit is not perfect, the merits generally drive the settlement process. Weak claims consistently fare the worst, toss-ups cases do better, and strong cases have the most success.Prior scholarship on malpractice outcomes has understated the strength of this correlation because it has focused principally on the impact of negligence on the settlement rates and has largely ignored the importance of settlement amount. The …
Undermining Individual And Collective Citizenship: The Impact Of Exclusion Laws On The African-American Community, S. David Mitchell
Undermining Individual And Collective Citizenship: The Impact Of Exclusion Laws On The African-American Community, S. David Mitchell
Faculty Publications
The purpose of this article is to expose felon exclusion laws as a method for undermining the individual and collective citizenship rights of the African-American community, and to call for their abolition.
American Buffalo: Vanishing Acquittals And The Gradual Extinction Of The Federal Criminal Trial Lawyer, Frank O. Bowman Iii
American Buffalo: Vanishing Acquittals And The Gradual Extinction Of The Federal Criminal Trial Lawyer, Frank O. Bowman Iii
Faculty Publications
This essay is an invited response to Professor Ronald Wright's impressive study of the fact that the acquittal rate in federal criminal trials is declining even faster than the rate of trials themselves, Trial Distortion and the End of Innocence in Federal Criminal Justice, 154 U. PA. L. REV. 79 (2005). The essay concurs with Professor Wright's conclusion that one significant factor driving down both federal trial and acquittal rates is the government's use of the markedly increased bargaining leverage afforded to prosecutors by the post-1987 federal sentencing system consisting of the U.S. Sentencing Guidelines interacting with various statutory mandatory …
Principles For Policymaking About Collaborative Law And Other Adr Processes, John M. Lande
Principles For Policymaking About Collaborative Law And Other Adr Processes, John M. Lande
Faculty Publications
This Article articulates a set of principles for policymaking about alternative dispute resolution (ADR) to promote values of process pluralism, choice in dispute resolution processes, and sound decision making. It argues that policymakers should use a dispute system design (DSD) framework in analyzing policy options. DSD involves systematically managing a series of disputes rather than handling individual disputes on an ad hoc basis. It generally includes assessing the needs of disputants and other stakeholders, planning to address those needs, providing necessary training and education for disputants and dispute resolution professionals, implementing the system, evaluating it, and making periodic modifications as …
Fiduciary Duties In Distressed Corporations: Second-Generation Issues, Royce De R. Barondes
Fiduciary Duties In Distressed Corporations: Second-Generation Issues, Royce De R. Barondes
Faculty Publications
This paper examines variations in corporate fiduciary duties arising from financial distress. This paper argues whether there is an affirmatively enforceable duty under the principles of Credit Lyonnais is not moot, because, inter alia, the availability of aiding and abetting liability for breach of fiduciary duty will give rise to a greater set of potentially liable defendants (aiding and abetting a fraudulent transfer typically not separately giving rise to liability), allowing a court to reverse some outcomes that would otherwise obtain under the in pari delicto doctrine and the Wagoner rule, and will expand the remedies available. This paper argues …
Authorship, Audiences, And Anonymous Speech, Thomas F. Cotter, Lyrissa Lidsky
Authorship, Audiences, And Anonymous Speech, Thomas F. Cotter, Lyrissa Lidsky
Faculty Publications
A series of United States Supreme Court decisions establishes that the First Amendment provides a qualified right to speak and publish anonymously, or under a pseudonym. But the Court has never clearly defined the scope of this right. As a result, lower courts have been left with little guidance when it comes to dealing both with the Internet-fueled growth of torts and crimes committed by anonymous speakers, and with the increasing number of lawsuits aimed at silencing legitimate anonymous speech. In this Article, we provide both positive and normative foundations for a comprehensive approach to anonymous speech. We first draw …
Issues In The Interpretation Of 180-Day Exclusivity, Erika Lietzan, David E. Korn
Issues In The Interpretation Of 180-Day Exclusivity, Erika Lietzan, David E. Korn
Faculty Publications
Congress created 180-day exclusivity for generic drug applicants in the 1984 Hatch-Waxman amendments to the Federal Food, Drug, and Cosmetic Act (FDCA) and amended it substantially in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA). The core concept of this exclusivity as it has been applied by FDA and the courts is that the first generic drug applicant to challenge an innovator's patent is entitled to six months of exclusivity against subsequent patent challengers for the same innovator drug. The 180-day exclusivity provision is governed by sections 505(j)(5)(B)(iv) and 505(j)(5)(D) of the FDCA, and it is intended …
The Right To A Reader, Douglas E. Abrams
Reflections On Leadership, Robert H. Jerry Ii
Reflections On Leadership, Robert H. Jerry Ii
Faculty Publications
When I first sought to become more familiar with the available academic literature on leadership a few years ago, I encountered servant-leadership theory and the writings of Robert Greenleaf. In those materials I found a much more developed articulation of this philosophy, and it is the essence of that philosophy of leadership that I embrace. Stated succinctly, leadership has its roots in service, and effective leadership is based on service to others. Effective leadership comes from the desire to put the well-being of others first-whether they are students, faculty, employees, customers, or community-and to give priority to the interests of …