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Full-Text Articles in Law
Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh
Freedom Of Speech, Cyberspace, Harassment Law, And The Clinton Administration, Eugene Volokh
Law and Contemporary Problems
Volokh presents four cyberspace speech controversies that involve an interesting modern body of speech restrictions: hostile environment harassment law. These examples illustrate three things--in most of the controversies, the result should be driven not by the medium, but by the underlying free speech principles; that the Clinton Administration's role in these areas has been comparatively slight; and that each of the controversies shows that there is considerable truth to the much-maligned concept of the slippery slope.
The First Amendment And Cyberspace: The Clinton Years, James Boyle
The First Amendment And Cyberspace: The Clinton Years, James Boyle
Law and Contemporary Problems
Both in terms of speech regulation and in terms of providing raw material for the legal controversies that shape the law of the First Amendment, the legacy of Pres Clinton's Administration is considerable, and nowhere more than in cyberspace. The most visible example of the Clinton Administration's role in cyberspeech regulation are the Communications Decency Act, which was struck down by unanimous vote of the Supreme Court in 1997, and the Child Online Protection Act, which is now before the courts.
Empirical Perspectives On Mediation And Malpractice, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Empirical Perspectives On Mediation And Malpractice, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Law and Contemporary Problems
The use of mediation in the medical malpractice context is examined. The impact of any court-related alternative dispute resolution program is also discussed.
Arbitration Agreements In Health Care: Myths And Reality, Elizabeth Rolph, Erik Moller, John E. Rolph
Arbitration Agreements In Health Care: Myths And Reality, Elizabeth Rolph, Erik Moller, John E. Rolph
Law and Contemporary Problems
It is asserted that alternative dispute resolution methods, particularly mandatory binding arbitration agreements, have become the rule in health care delivery. A study was conducted to ascertain how widespread mandatory arbitration agreements between health plans and providers and their enrollees and patients really are, to assess how decisions regarding their use are made and to evaluate the prospects of their future use.
Adapting Mediation To Link Resolution Of Medical Malpractice Dispute With Health Care Quality Improvement, Edward A. Dauer, Leonard J. Marcus
Adapting Mediation To Link Resolution Of Medical Malpractice Dispute With Health Care Quality Improvement, Edward A. Dauer, Leonard J. Marcus
Law and Contemporary Problems
It is hypothesized that mediation in either a fault-based or a no-fault environment can make claims resolution more efficient and simultaneously promote quality improvement in health care more effectively than does the litigation/settlement process.
Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb
Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb
Law and Contemporary Problems
Crabb looks at the approach one court has established to balance the demands of the legal system with the legitimate concerns of researchers.
Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black
Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black
Law and Contemporary Problems
The best hope for improving the resolution of disputes concerning disclosing research is for lawyers to present the research and litigation issues clearly and for courts to develop a "keener sense" for the area of expertise involved.
Foreword, Joe S. Cecil, Gerald T. Wetherington
Foreword, Joe S. Cecil, Gerald T. Wetherington
Law and Contemporary Problems
No abstract provided.
Countering The Excessive Subpoena For Scholarly Research, Michael Traynor
Countering The Excessive Subpoena For Scholarly Research, Michael Traynor
Law and Contemporary Problems
A researcher has many opportunities to safeguard research and take a stance in court to protect the privacy of study participants in the interest of well-grounded scientific or social analysis.
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Law and Contemporary Problems
Demands placed on researchers by subpoenas for scientific information are not necessarily any greater than those placed on other third-party recipients of subpoenas.
Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer
Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer
Law and Contemporary Problems
Fischer says he believes that the uneasy relationship between law and science is likely to continue regarding disclosure of scientific research materials.
Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou
Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou
Law and Contemporary Problems
Resisting compelled disclosure in court will continue to be at best a tenuous and uncertain journey for researchers who have been subpoenaed.
Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman
Judicial Ethics Simulation Based Training, Stephen M. Simon, Maury S. Landsman
Law and Contemporary Problems
The Judicial Ethics Education Project trains trial judges to be aware of ethical issues that arise in the trial process. The goal of the project, which employs case simulations that raise ethical and management issues requiring immediate attention during the course of a trial, is to provide sitting judges with a basis on which to make similar decisions during trials.
The Profession Of Law: Columbia Law School’S Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol Bensinger Liebman
The Profession Of Law: Columbia Law School’S Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol Bensinger Liebman
Law and Contemporary Problems
Columbia Law School's ethics course, "The Profession of Law," is an interactive, experiential exploration of legal ethics. The course puts students in a role and asks them to deal, with issues that most of them are likely to encounter, and then the students are asked to reflect on what their role-playing performance has taught them about legal ethics.
Tqm-Ing Omb: Or Why Regulatory Review Under Executive Order 12,291 Works Poorly And What President Clinton Should Do About It, E. Donald Elliott
Tqm-Ing Omb: Or Why Regulatory Review Under Executive Order 12,291 Works Poorly And What President Clinton Should Do About It, E. Donald Elliott
Law and Contemporary Problems
Reflections are presented on how Pres Clinton should improve the deeply troubled relationship between the OMB and other government agencies. No president would dream of abolishing review of agency actions by the OMB.
The Role Of Economic Analysis In Shaping Environmental Policy, Arthur Fraas
The Role Of Economic Analysis In Shaping Environmental Policy, Arthur Fraas
Law and Contemporary Problems
The experience of the US in using economic analysis to develop environmental policy is examined. Regulatory actions needed to create environmental benefits often impose substantial costs--both direct costs and indirect effects on other social goals--so it is important to consider all the effects of proposed initiatives Before imposing regulations.
The Computerization Of Mass Tort Settlement Facilities, B. Thomas Florence, Judith Gurney
The Computerization Of Mass Tort Settlement Facilities, B. Thomas Florence, Judith Gurney
Law and Contemporary Problems
No abstract provided.
Legal Doctrines Governing The Admissibility Of Expert Testimony Concerning Social Framework Evidence, Robert P. Mosteller
Legal Doctrines Governing The Admissibility Of Expert Testimony Concerning Social Framework Evidence, Robert P. Mosteller
Law and Contemporary Problems
No abstract provided.
Eyewitness Expert Testimony And Jury Decisionmaking, Steven D. Penrod, Brian L. Cutler
Eyewitness Expert Testimony And Jury Decisionmaking, Steven D. Penrod, Brian L. Cutler
Law and Contemporary Problems
No abstract provided.
Development Exactions And Impact Fees: A Survey Of American Practices, Gus Bauman, William H. Ethier
Development Exactions And Impact Fees: A Survey Of American Practices, Gus Bauman, William H. Ethier
Law and Contemporary Problems
No abstract provided.
The Trouble With Statistical Evidence, Richard Schmalbeck
The Trouble With Statistical Evidence, Richard Schmalbeck
Law and Contemporary Problems
No abstract provided.
Medical Malpractice And The Contract/Tort Boundary, P. S. Atiyah
Medical Malpractice And The Contract/Tort Boundary, P. S. Atiyah
Law and Contemporary Problems
No abstract provided.
A Brief Reflection On Judicial Use Of Social Science Data, Patrick E. Higginbotham
A Brief Reflection On Judicial Use Of Social Science Data, Patrick E. Higginbotham
Law and Contemporary Problems
No abstract provided.
Statistical Significance And The Burden Of Persuasion, David H. Kaye
Statistical Significance And The Burden Of Persuasion, David H. Kaye
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.
Integrating Statistical Evidence And Legal Theory To Challenge The Selection Of Grand And Petit Jurors, Sara Sun Beale
Integrating Statistical Evidence And Legal Theory To Challenge The Selection Of Grand And Petit Jurors, Sara Sun Beale
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.
Regression Estimates Of Damages In Price-Fixing Cases, Michael O. Finkelstein, Hans Levanbach
Regression Estimates Of Damages In Price-Fixing Cases, Michael O. Finkelstein, Hans Levanbach
Law and Contemporary Problems
No abstract provided.
The Significance Of Quantitative Evidence In Federal Trade Commission Deceptive Advertising Cases, David W. Barnes
The Significance Of Quantitative Evidence In Federal Trade Commission Deceptive Advertising Cases, David W. Barnes
Law and Contemporary Problems
No abstract provided.
Quantitative Methods In Antitrust Litigation, Daniel L. Rubinfeld, Peter O. Steiner
Quantitative Methods In Antitrust Litigation, Daniel L. Rubinfeld, Peter O. Steiner
Law and Contemporary Problems
No abstract provided.