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Articles 31 - 60 of 133
Full-Text Articles in Law
Globalization And Financial Dispute Resolution: Examining Areas Of Convergence And Informed Divergence In Financial Adr, Shahla F. Ali
Globalization And Financial Dispute Resolution: Examining Areas Of Convergence And Informed Divergence In Financial Adr, Shahla F. Ali
Journal of Dispute Resolution
The global reach of the financial crisis calls for renewed investigation on the impact of globalization on international legal practice. Part One of this paper examines the theoretical perspectives on the impact of globalization on international legal practice. Part Two provides a global review of financial dispute resolution programs, including arbitration models and ombudsman systems, developed to address the financial complaints of retail investors that intensified during and after the financial crisis. Australia, the United Kingdom, the United States, Singapore and Hong Kong are featured because they each reflect either the ombudsman or arbitration model of financial dispute resolution. Part …
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gomez
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gomez
Journal of Dispute Resolution
This article is divided into four sections. Section I offers a general description of Burning Man, including its organizers, social structure, and demographics. Section I also describes the Burning Man community and other features that distinguish Burning Man from other mass-gathering events. Section II describes the layers of internal and external social control found at Burning Man, and how they operate at the event. These layers of control include different forms of official law enforcement as well as the intra-community dispute resolution mechanisms employed by the Rangers. In Section III, the core of the article discusses the shortcomings of external …
Class Action's Last Hope: The Argument For Federal Statutory Rights Preemption Of The Federal Arbitration Act: In Re American Express Merchants' Litigation, Matthew Reddish
Journal of Dispute Resolution
This note will examine the history behind several recent federal decisions on class arbitration as well as federal antitrust laws and how antitrust laws should be enforced in the shadow of the FAA.
There Has Been A Misconcepcion: The Faa Does Not Foster The Waiver Of Statutory Rights: Reyes V. Liberman Broad, Inc., Joanna L. Byrne
There Has Been A Misconcepcion: The Faa Does Not Foster The Waiver Of Statutory Rights: Reyes V. Liberman Broad, Inc., Joanna L. Byrne
Journal of Dispute Resolution
This paper first discusses the particular facts and proceedings in Reyes. Next, it will discuss the complicated legal landscape that affects the interpretation of class arbitration waivers in California. Then, this paper will analyze the California Court of Appeals' rationale for its holding in Reyes. Next, this paper will construct an argument in favor of allowing employees to maintain bargaining rights in some circumstances, despite the existence of a class arbitration waiver in an employment contract. Finally, this paper will explore outside factors that may affect the Supreme Court of California's ability to render a decision and analyze how the …
Judicial Settlement-Seeking In Parenting Cases: A Mock Trial, Noel Semple
Judicial Settlement-Seeking In Parenting Cases: A Mock Trial, Noel Semple
Journal of Dispute Resolution
This paper critically evaluates judicial mediation in parenting disputes by asking whether, and to what extent, it is in the best interests of the children involved. It begins by identifying several features that distinguish child custody and visitation disputes from other types of civil litigation, and which are relevant to the normative analysis of judicial mediation in this context. Next, this paper describes and evaluates three arguments that might be made against the use of judicial settlement-seeking to resolve custody and visitation disputes. This paper will conclude by arguing that facilitative mediation by non-judges has significant advantages over judicial settlement-seeking …
State Legislative Update, Molly Karcher, Alexandra Klaus, Ryan J. Nichols, Stanley A. Prenger
State Legislative Update, Molly Karcher, Alexandra Klaus, Ryan J. Nichols, Stanley A. Prenger
Journal of Dispute Resolution
As the use of collaborative law increases, the need for uniform laws to help facilitate this process across state lines grew. In February 2007, the Uniform Law Commission (ULC) began drafting an act to address this need. At the July 2009 meeting, the Uniform Collaborative Law Act (UCLA) was unanimously approved by the Commission and was subsequently submitted to the American Bar Association (ABA) House of Delegates for approval. In March 2010, the house approved the amended act after the ULC made a few small changes per the house's recommendation. Since receiving ABA approval, the UCLA has been passed in …
When Regulations And Arbitration Awards Collide: Potential Difficulties For Arbitrators And Parties: Bangor Gas Co., Llc V. H.Q. Energy Serv. U.S. Inc., Greg Mitchell
Journal of Dispute Resolution
Many commercial transactions are complex. The increasing presence of both arbitration and administrative regulations are part of what creates this complexity. It is thus possible that parties to a commercial transaction will find themselves in arbitration over a dispute involving regulations. This note will explore the potential difficulties parties and arbitrators face when arbitration awards and regulations collide. The difficulties for parties include grounds for vacatur that are either nonexistent or hard to meet, and potentially being forced to choose between violating a regulation or not complying with the award. Additionally, arbitrators face difficulties in fashioning awards that comply with …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
A Fine Romance: The Indulgent Relationship Between Federal Courts And Federal Agencies And The Broken Nepa Decision-Making Process. Prairie Band Pottawatomie Nation V. Fed. Highway Admin., Salama Gallemore
Journal of Environmental and Sustainability Law
No abstract provided.
Designing Subsidies For Low-Carbon Energy, David Weisbach
Designing Subsidies For Low-Carbon Energy, David Weisbach
Journal of Environmental and Sustainability Law
No abstract provided.
Lighting In A Bottle: Using Tax Policy To Solve Renewable Energy's Storage Challenges, Roberta F. Mann
Lighting In A Bottle: Using Tax Policy To Solve Renewable Energy's Storage Challenges, Roberta F. Mann
Journal of Environmental and Sustainability Law
No abstract provided.
Long Live Volumetric Apportionment: Will Courts Follow Burlington Northern: The Mystery Continues! United States V. Ncr Corporation, Arsenio L. Mims
Long Live Volumetric Apportionment: Will Courts Follow Burlington Northern: The Mystery Continues! United States V. Ncr Corporation, Arsenio L. Mims
Journal of Environmental and Sustainability Law
No abstract provided.
Murky Waters: The Supreme Court's Decision On Navigability And It's Implications On Judicial Power. Ppl Montana, Llc V. Montanta, Paul Conklin Iii
Murky Waters: The Supreme Court's Decision On Navigability And It's Implications On Judicial Power. Ppl Montana, Llc V. Montanta, Paul Conklin Iii
Journal of Environmental and Sustainability Law
No abstract provided.
Unwise Beats Uninformed: The Rock, Paper, And Scissors Of Nepa Challenges, Amie Coleman
Unwise Beats Uninformed: The Rock, Paper, And Scissors Of Nepa Challenges, Amie Coleman
Journal of Environmental and Sustainability Law
No abstract provided.
Deepwater Exploration In The Gulf: The Eleventh Circuit Balances Energy Independence And Environmental Responsibility Post-Deepwater. Defenders Of Wildlife V. Bureau Of Ocean Energy Mgmt., Ryan Harris
Journal of Environmental and Sustainability Law
No abstract provided.
Baby Steps, Not Leaps, Toward Relief. Anatomizing Sackett V. Epa, John Shikles
Baby Steps, Not Leaps, Toward Relief. Anatomizing Sackett V. Epa, John Shikles
Journal of Environmental and Sustainability Law
No abstract provided.
Tax Benefits, Property Rights, And Mandates: Considering The Future Of Government Support For Renewable Energy, Alexandra B. Klass
Tax Benefits, Property Rights, And Mandates: Considering The Future Of Government Support For Renewable Energy, Alexandra B. Klass
Journal of Environmental and Sustainability Law
No abstract provided.
Bankrupting The Faith , Pamela Foohey
Bankrupting The Faith , Pamela Foohey
Missouri Law Review
This Article examines the institutions’ characteristics, reasons for filing, and case outcomes to investigate what benefits Chapter 11 brings to the organizations and whether bankruptcy is an effective solution to their financial problems. Based on the successful reorganizations and continued operations of some of the debtors in the study, it finds that Chapter 11 has the potential to provide a productive means for addressing their financial problems by offering religious organizations an avenue to rehabilitate their operations following economic downturns, failures and transitions in leadership, and standstills in negotiating with creditors. In exploring these Chapter 11 cases, this Article not …
Mental States And Misconduct: The Supreme Court Of Missouri Interprets An Important Disqualification From Unemployment Benefits, Brian Stair
Missouri Law Review
Fendler v. Hudson Services features the Supreme Court of Missouri’s first thorough discussion of section 288.030.1(23) and the Court’s decision illustrates a development in Missouri appellate court interpretation of the statute’s definition of “misconduct.” This Note describes that definitional development and addresses its potential effect on future disputes in which employers are seeking to prove that an employee’s behavior constituted misconduct. Specifically, this Note focuses on how the Supreme Court of Missouri, by refusing to require a showing of “willfulness” to prove “misconduct,” has further complicated the use of mental states in “misconduct” analysis and potentially broadened the scope of …
Rethinking The Law Firm Organizational Form And Capitalization Structure , Edward S. Adams
Rethinking The Law Firm Organizational Form And Capitalization Structure , Edward S. Adams
Missouri Law Review
The goal of this Article is to examine the partnership model and advocate for a change in the Model Rules that would allow for public ownership of law firms, and to make disclosure of firm financials a mandatory requirement for all firms with over 100 lawyers. Part II explores the history and evolution of limited liability and law firm structures in the United States. Part III discusses incorporated law firms and MDPs and how they might benefit U.S. law firms. Part IV looks at the developments in the United Kingdom and Australia and the forces of globalization that have an …
Exclusively Confusing: Who Has Jurisdiction To Determine Jurisdiction Under The Missouri Workers' Compensation Law, N. Drew Kemp
Exclusively Confusing: Who Has Jurisdiction To Determine Jurisdiction Under The Missouri Workers' Compensation Law, N. Drew Kemp
Missouri Law Review
In 2011, the Eastern District of the Missouri Court of Appeals summarized and clarified the issue of which court has jurisdiction to determine jurisdiction. After Cooper v. Chrysler Group, LLC, it is clear that a Missouri circuit court must yield to the Commission when the jurisdiction-determining issue is one of fact. However, a circuit court can nevertheless review jurisdictional issues of law. An important question remains, however: will a circuit court distinguish between issues of fact and issues of law if an affirmative defense is not timely raised by the employer?
Circuit Courts With Plenary Jurisdiction And Administrative Agencies With Exclusive Jurisdiction: Can They Peacefully Coexist In Missouri, Paul M. Spinden
Circuit Courts With Plenary Jurisdiction And Administrative Agencies With Exclusive Jurisdiction: Can They Peacefully Coexist In Missouri, Paul M. Spinden
Missouri Law Review
Part II examines this provision, including its impetus. Part III considers J.C.W.’s exposition of jurisdiction and focuses on its contention that the Missouri Constitution necessarily excludes statutory restrictions on the judiciary’s exercise of subject matter jurisdiction. Part IV closely examines McCracken’s application of J.C.W.’s analysis to the issue of exclusive administrative remedies and agency jurisdiction. Finally, Part V suggests alternative analyses that maintain exclusive remedies for workers’ compensation and other administrative agencies while preserving the circuit courts’ plenary subject matter jurisdiction.
Recoupment And Bankruptcy: How To Effectuate Bankruptcy Policy Through The Same Transaction Test , Jacob Thessen
Recoupment And Bankruptcy: How To Effectuate Bankruptcy Policy Through The Same Transaction Test , Jacob Thessen
Missouri Law Review
This Note will explore the interaction between recoupment and bankruptcy by focusing on the Eighth Circuit’s decision in In re Terry. Terry is significant because the Eighth Circuit allowed an insurance company to recoup pre-petition overpayments from the bankrupt debtor’s post-petition benefits. In doing so, the Eighth Circuit refused to acknowledge a separate balancing of the equities test, independent from the traditional same transaction requirement, when determining a creditor’s recoupment defense. This discussion will center on recoupment’s “same transaction” test and why it can be utilized to achieve sound bankruptcy policy by denying recoupment claims. It is this Note’s contention …
Decoupling Federal Offense Guidelines From Statutory Limits On Sentencing , Kevin Bernardo
Decoupling Federal Offense Guidelines From Statutory Limits On Sentencing , Kevin Bernardo
Missouri Law Review
This Article discusses the sensibility of each of these three options. Part II sets forth a hypothetical controlled substance offense to better illustrate the choices faced by the Commission. Part III recounts approaches that the Commission has actually adopted in incorporating statutory limits into the Guidelines. Part IV addresses the goals of guideline sentencing and concludes that the Guidelines’ structure should be primarily driven by actual fairness concerns. Applying actual fairness as the overriding concern, Part V concludes that statutory limits should not be incorporated into an offense guideline when some offenders subject to the guideline will not be subject …
Raised Eyebrow Test Produces Further Head-Scratching: Punitive Damages In Ondrisek V. Hoffman, The, Valerie Shands
Raised Eyebrow Test Produces Further Head-Scratching: Punitive Damages In Ondrisek V. Hoffman, The, Valerie Shands
Missouri Law Review
Ondrisek reveals that although the Eighth Circuit uses the same test as the Supreme Court, it certainly applies it differently. When comparing Ondrisek and other Eighth Circuit cases, one sees a subtle pattern that diverges from the Supreme Court’s jurisprudence. However, these differences are not yet distinct enough for the Supreme Court to have granted certiorari to resolve the inconsistencies.
Deciding Where To Draw The Line: Compactness As A Protection Against Gerrymandering In Missouri Redistricting, Stephanie Bradshaw
Deciding Where To Draw The Line: Compactness As A Protection Against Gerrymandering In Missouri Redistricting, Stephanie Bradshaw
Missouri Law Review
Every ten years, the release of the U.S. Census triggers a tidal wave of political ramifications that ripple from coast to coast. The census reflects the fluctuation in population among the states, necessitating a shuffling of, among other things, state legislative and congressional districts. States are awarded Congressional representatives based on their populations: the greater the population, the greater the representation. While some states gain representatives and others lose them, the outcome is the same: districts must be redrawn. In what has been likened to a “periodic comet,” challenges by citizens to this redistricting frequently arise. Behind this litigation is …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.