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Full-Text Articles in Law

Bioacoustical Warfare: Winter V. Nrdc And False Choices Between Wildlife And Technology, Matthew Axtell Dec 2009

Bioacoustical Warfare: Winter V. Nrdc And False Choices Between Wildlife And Technology, Matthew Axtell

Matthew Axtell

No abstract provided.


Law In The Shadow Of Bargaining: The Feedback Effect Of Civil Settlements, Ben Depoorter Dec 2009

Law In The Shadow Of Bargaining: The Feedback Effect Of Civil Settlements, Ben Depoorter

Ben Depoorter

Lawmakers, courts, and legal scholars often express concern that settlement agreements withhold important information from the public. This Essay identifies, to the contrary, problematic issues involving the availability of information on non-representative settlements. The theoretical and empirical evidence presented in this Essay demonstrates that, despite the widespread use of nondisclosure agreements, information on settlements is distributed both inside and outside legal communities, reaching actors through various channels including the oral culture in legal communities, specialized reporters, professional interest organizations, and media coverage. Moreover, information on private settlement agreements circulates more widely if the agreed compensation in a given settlement exceeds …


Lincoln's Lessons For Lawyers, Thomas J. Stipanowich Dec 2009

Lincoln's Lessons For Lawyers, Thomas J. Stipanowich

Thomas J. Stipanowich

Professor Stipanowich discusses lessons lawyers can learn from Abraham Lincoln.


Arbitration: The "New Litigation", Thomas J. Stipanowich Dec 2009

Arbitration: The "New Litigation", Thomas J. Stipanowich

Thomas J. Stipanowich

Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation's history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is subjected to unprecedented stresses and strains, and it is fair to say that arbitration has never been subject to wider criticism. Once advocates promoted arbitration as a means of avoiding the contention, cost and expense of court trial; economy, efficiency and the opportunity to fashion true alternatives to litigation are still associated with conventional perceptions of arbitration. Yet today business arbitration is …