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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
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
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
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.
Using Criminal Punishment To Serve Both Victim And Social Needs, Erin Ann O'Hara, Maria Mayo Robbins
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'Hara …
Legitimacy And Effectiveness Of A Grassroots Truth And Reconciliation Commission, Jill E. Williams
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 …
Examining The Applicability Of The Concepts Of Apology, Forgiveness, And Reconciliation To Multi-Stakeholder, Collaborative Problem-Solving Processes, Jennifer Pratt Miles
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 …
Polarization: The Role Of Emotions In Reconciliation Efforts, Meghan Clarke
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 …
Forms Of European Administrative Action, Mario P. Chiti
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
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
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
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
Hearing The Hidden Agenda: The Ethnographic Investigation Of Procedure, John M. Conley, William M. O'Barr
Law and Contemporary Problems
No abstract provided.
Statistical Proof And Theories Of Discrimination, Douglas Laycock
Statistical Proof And Theories Of Discrimination, Douglas Laycock
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
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.
The Problem Of Multiple Components Or Divisions In Title Vii Litigation: A Comment, David W. Barnes
The Problem Of Multiple Components Or Divisions In Title Vii Litigation: A Comment, David W. Barnes
Law and Contemporary Problems
No abstract provided.
The Use Of Statistics To Prove Intentional Employment Discrimination, Elaine W. Shoben
The Use Of Statistics To Prove Intentional Employment Discrimination, Elaine W. Shoben
Law and Contemporary Problems
No abstract provided.
Title Vii, Multiple Linear Regression Models, And The Courts: An Analysis
Title Vii, Multiple Linear Regression Models, And The Courts: An Analysis
Law and Contemporary Problems
No abstract provided.
Testing For Discrimination In Employment Practices, Robert Follett, Finis Welch
Testing For Discrimination In Employment Practices, Robert Follett, Finis Welch
Law and Contemporary Problems
No abstract provided.