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Articles 31 - 50 of 50
Full-Text Articles in Law
American Justice At A Crossroads: Remarks Of Thomas J. Stipanowich, Thomas J. Stipanowich
American Justice At A Crossroads: Remarks Of Thomas J. Stipanowich, Thomas J. Stipanowich
Pepperdine Dispute Resolution Law Journal
In April, 2010, a prominent group of judges, attorneys, academics, private dispute resolution professionals, and policymakers gathered to reflect upon the current state and future of the American justice system. A symposium entitled American Justice at a Crossroads: A Public and Private Crisis was held at Pepperdine University School of Law under the joint sponsorship of the Straus Institute for Dispute Resolution, the Pepperdine Dispute Resolution Law Journal, and the International Institute for Conflict Prevention and Resolution (CPR Institute). This special symposium edition of the Journal is comprised of select papers and speeches presented at that event and provide thoughtful …
American Justice At A Crossroads: Remarks Of Kathleen Bryan, Kathleen Bryan
American Justice At A Crossroads: Remarks Of Kathleen Bryan, Kathleen Bryan
Pepperdine Dispute Resolution Law Journal
In April, 2010, a prominent group of judges, attorneys, academics, private dispute resolution professionals, and policymakers gathered to reflect upon the current state and future of the American justice system. A symposium entitled American Justice at a Crossroads: A Public and Private Crisis was held at Pepperdine University School of Law under the joint sponsorship of the Straus Institute for Dispute Resolution, the Pepperdine Dispute Resolution Law Journal, and the International Institute for Conflict Prevention and Resolution (CPR Institute). This special symposium edition of the Journal is comprised of select papers and speeches presented at that event and provide thoughtful …
American Justice At A Crossroads: Opening Remarks, Kenneth Starr
American Justice At A Crossroads: Opening Remarks, Kenneth Starr
Pepperdine Dispute Resolution Law Journal
In April, 2010, a prominent group of judges, attorneys, academics, private dispute resolution professionals, and policymakers gathered to reflect upon the current state and future of the American justice system. A symposium entitled American Justice at a Crossroads: A Public and Private Crisis was held at Pepperdine University School of Law under the joint sponsorship of the Straus Institute for Dispute Resolution, the Pepperdine Dispute Resolution Law Journal, and the International Institute for Conflict Prevention and Resolution (CPR Institute). This special symposium edition of the Journal is comprised of select papers and speeches presented at that event and provide thoughtful …
An Unnecessary Consternation: An Analysis Of The Future Of Eu Arbitration In The Wake Of The West Tankers Decision, Mark G. Materna
An Unnecessary Consternation: An Analysis Of The Future Of Eu Arbitration In The Wake Of The West Tankers Decision, Mark G. Materna
Pepperdine Dispute Resolution Law Journal
This article proposes that, despite the West Tankers decision, parties are still not free to breach the terms of an arbitration agreement. On the contrary, there has been a strong trend by English courts to find ways of preventing parties from breaching such agreements. In short, this article serves to quell the panic and elucidate that the West Tankers decision is not a nail in the coffin, but rather a mechanism to reiterate European courts' dedication to ensuring that arbitration provisions remain a potent force against economic infidelity. Part II of this article will provide a brief background of anti-suit …
Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales
Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales
Pepperdine Dispute Resolution Law Journal
This article first argues that to determine the enforceability of a class action waiver, courts should take a "totality of the circumstances" approach rather than adopting a bright-line rule. A set of defined factors that also allows courts to consider real-world issues facing litigants will provide a substantial framework for courts to interpret this area of the law and will lead to more consistent and well-reasoned outcomes in the future. These factors include: the probable size of each class member's individual recovery, the potential for retaliation against class members, the awareness of potential class members that their rights have been …
Why It Matters Whether There Is A Higher Law Or Not, Dallas Willard
Why It Matters Whether There Is A Higher Law Or Not, Dallas Willard
Pepperdine Law Review
No abstract provided.
Higher Law And The Rule Of Law: The Platonic Origin Of An Ideal, V. Bradley Lewis
Higher Law And The Rule Of Law: The Platonic Origin Of An Ideal, V. Bradley Lewis
Pepperdine Law Review
No abstract provided.
Is There A "Higher Law"? Does It Matter?, Connie S. Rosati
Is There A "Higher Law"? Does It Matter?, Connie S. Rosati
Pepperdine Law Review
No abstract provided.
Theology And The Higher Law, Yitzchok Adlerstein
Theology And The Higher Law, Yitzchok Adlerstein
Pepperdine Law Review
No abstract provided.
Law, Higher Law, And Human Making, William S. Brewbaker Iii
Law, Higher Law, And Human Making, William S. Brewbaker Iii
Pepperdine Law Review
This paper is a preliminary investigation of what Christian theology might teach us about the nature of human creative activity and its relationship to judging and lawmaking. Rather than attempt to survey and synthesize multiple theological accounts of human making, it focuses on just one - Dorothy Sayers' The Mind of the Maker. The foundational analogy that drives Sayers' account of human creativity is the relation between God's creative activity and that of human beings made in his image. Sayers argues that human creative activity has a Trinitarian structure, which she identifies as Idea, Energy and Power. These three elements …
Law And Redemption: Political Judgment And The Church's Proclamation , Joan Lockwood O'Donovan
Law And Redemption: Political Judgment And The Church's Proclamation , Joan Lockwood O'Donovan
Pepperdine Law Review
No abstract provided.
What Can We Hope For From Law?, Ellen S. Pryor
What Can We Hope For From Law?, Ellen S. Pryor
Pepperdine Law Review
What can a lawyer of faith hope for, and expect from, law? This Essay, based on the 2008 Louis Brandeis Lecture given at Pepperdine University, discusses why and how this question matters not just as a matter of theory but to our real-world lawyering journeys. The Essay discusses two of the frameworks that can shape our answer to the question: a natural law viewpoint and what the Essay calls a “Lutheran” view. After explaining how these two perspectives might lead to different expectations about the effects of law, the Essay discusses whether either of these approaches is more sustaining or …
Cain's Law, Elizabeth Mensch
For Peter, With Love, John Henry Schlegel
Critical Legal Studies As A Spiritual Practice, Peter Gabel
Critical Legal Studies As A Spiritual Practice, Peter Gabel
Pepperdine Law Review
No abstract provided.
Law And Economics: Is There A Higher Law?, Kenneth G. Elzinga
Law And Economics: Is There A Higher Law?, Kenneth G. Elzinga
Pepperdine Law Review
No abstract provided.
From Blackstone To Holmes: The Revolt Against Natural Law, Albert W. Alschuler
From Blackstone To Holmes: The Revolt Against Natural Law, Albert W. Alschuler
Pepperdine Law Review
No abstract provided.
Persons, Participating, And "Higher Law", Patrick Mckinley Brennan
Persons, Participating, And "Higher Law", Patrick Mckinley Brennan
Pepperdine Law Review
No abstract provided.
Higher Law Questions: A Prelude To The Symposium, Steven D. Smith
Higher Law Questions: A Prelude To The Symposium, Steven D. Smith
Pepperdine Law Review
No abstract provided.
Introduction, Robert F. Cochran Jr