Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Dispute Resolution and Arbitration (77)
- Courts (62)
- Legal History (59)
- Other Law (59)
- Litigation (55)
-
- Legislation (46)
- Constitutional Law (44)
- Administrative Law (37)
- Jurisprudence (37)
- Legal Profession (37)
- Legal Remedies (35)
- Judges (32)
- Civil Law (28)
- Civil Rights and Discrimination (28)
- Criminal Law (28)
- State and Local Government Law (28)
- Public Law and Legal Theory (22)
- Criminal Procedure (21)
- Law and Politics (21)
- Civil Procedure (20)
- International Law (19)
- Law and Economics (19)
- Legal Ethics and Professional Responsibility (19)
- Jurisdiction (18)
- Organizations Law (17)
- Family Law (16)
- President/Executive Department (16)
- Religion Law (16)
- Keyword
-
- Mediation (35)
- Litigation (24)
- Alternative dispute resolution (23)
- Constitutional law (19)
- Dispute resolution (15)
-
- Negotiation (14)
- Constitution (13)
- Arbitration (12)
- Administrative procedure (11)
- California (11)
- Criminal law (11)
- United States (11)
- Mediators (10)
- Dispute Resolution (9)
- Privacy (9)
- Criminal (8)
- Examiners (8)
- Law (8)
- Liability (8)
- Religion (8)
- Victims of crimes (8)
- Administrative law (7)
- Crime victims (7)
- Criminal justice system (7)
- Due Process (7)
- Employees (7)
- Employers (7)
- First Amendment (7)
- Judges (7)
- Supreme Court (7)
- Publication Year
Articles 1 - 30 of 215
Full-Text Articles in Law and Society
Blue State Exodus?, Jon D. Michaels, David L. Noll
Blue State Exodus?, Jon D. Michaels, David L. Noll
Pepperdine Law Review
American businesses and families are leaving Blue states in record numbers for destinations like Texas, Florida, and Georgia. This migration of people, businesses, and tax dollars has prompted claims of a “Blue state exodus” prompted by “leftist politicians imposing leftist ideology.” As expressed by Utah’s Senator Mike Lee, the “exodus” proves that “the Left’s policies don’t work.” But does the movement of taxpayers from Blue to Red states really signal a rejection of progressive policies? This Essay argues that, before accepting that interpretation, we should consider another possibility. Perhaps Blue states aren’t overly progressive, but insufficiently so. Paralyzed by political …
The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta
Pepperdine Journal of Communication Research
Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …
May The Odds Be Ever In Your Favor: How The Tax Cuts And Jobs Act Fortified The Great Wealth Divide, Phyllis Taite
May The Odds Be Ever In Your Favor: How The Tax Cuts And Jobs Act Fortified The Great Wealth Divide, Phyllis Taite
Pepperdine Law Review
Have Americans become so desensitized to inequality that we have morphed into a state of dystopia, and vast inequalities have become normalized? Discussions of dystopia typically describe acts of oppression, tyranny, inequality, and an overall undesirable societal state. Dystopia analysis also requires a hard look at societal values to determine ways to avoid adverse outcomes that vast inequalities may produce. By identifying the undesirable outcome, there is an opportunity to avoid or reverse it by enacting laws to combat inequalities. The Hunger Games is a fictional tale of wealthy society members enjoying the rewards of high society while using the …
"Christian Traditions, Culture, And Law": An Update And A Few Reflections, Robert F. Cochran Jr.
"Christian Traditions, Culture, And Law": An Update And A Few Reflections, Robert F. Cochran Jr.
Pepperdine Law Review
Using Richard Niebuhr’s description of Christian approaches to culture, this Article examines the way Christians approach law, focusing on developments over the last 20 years. During that time, synthesists have continued to develop natural law, seeking an understanding of law based on shared human goods and reason, an approach that can generate a common approach among people of all faiths and no faith. Conversionists, including those on both the political left and right, argue for changes in law that will reflect Christian understandings of the good. Separatists (including many former conversionists) argue that American culture and law have become so …
The Social Costs Of Dividends And Share Repurchases, J.B. Heaton
The Social Costs Of Dividends And Share Repurchases, J.B. Heaton
The Journal of Business, Entrepreneurship & the Law
A long-held view in the academy is that shareholders are "residual claimants” in the sense that shareholders are paid in full only after the corporation pays its creditors. The reality on the ground is far different. Corporations give assets away to their shareholders long before they have satisfied creditors, both voluntary contract creditors and involuntary tort creditors. In particular, existing U.S. corporate and voidable transfer laws allow corporations to pay dividends and make share repurchases up to the point where the corporation is insolvent or nearly so. Voluntary creditors can limit dividends and share repurchases by contract, but involuntary creditors …
Domestic Violence Victims A Nuisance To Cities, Filomena Gehart
Domestic Violence Victims A Nuisance To Cities, Filomena Gehart
Pepperdine Law Review
Unless municipal nuisance ordinances change, domestic violence victims can face eviction just for calling the police. Nuisance ordinances generally impose fines on a property owner or landlord when the police are called to respond to incidents of crime a certain number of times at the same residence. Many nuisance ordinances also revoke a landlord’s rental license if a property is deemed a nuisance. However, many of these nuisance ordinances do not have an exception for incidents of domestic violence and, consequently, victims are scared to call 911 or request police assistance. This comment surveys the development of nuisance laws and …
Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski
Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski
Pepperdine Law Review
With declining law school enrollments, rising rates of pro se litigation, increasing competition from international lawyers and other professionals, and disparaging assessments from the Supreme Court, the legal profession is under increasing attack. Recent research suggesting that legal representation does not benefit clients has further fueled an existential anxiety in the profession. Are lawyers needed and do they matter? In this Article, we review the existing empirical research on the effect of legal representation on civil dispute outcomes. Although the pattern of results has complexities, across a wide range of substantive areas of law (housing, governmental benefits, family law, employment …
Designing A Court-Annexed Mediation Program For Civil Cases In Brazil: Challenges And Opportunities, Fernando Vieira Luiz
Designing A Court-Annexed Mediation Program For Civil Cases In Brazil: Challenges And Opportunities, Fernando Vieira Luiz
Pepperdine Dispute Resolution Law Journal
In this article, I demonstrate that mediation is an important form of dispute resolution, displaying benefits when compared with adjudication. I try to refine what mediation is by contrasting it with judicial settlement conferences and conciliation. Regarding the ongoing process in Brazil, I state that every society should adapt a mediation program that is attainable for its social-economic and cultural reality. Criticizing the current Brazilian policies, I present the positive and negative aspects of the Resolution No. 125 of the National Council of Justice (CNJ), analyzing a possible program design feasible for the country, focusing on the issues of funding, …
Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews
Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews
Global Tides
This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …
Self-Sufficiency: The Approach Welfare Reform Should Take In Order To Remedy The Shortcomings Of Past Efforts, Ashley Carroll
Self-Sufficiency: The Approach Welfare Reform Should Take In Order To Remedy The Shortcomings Of Past Efforts, Ashley Carroll
Journal of the National Association of Administrative Law Judiciary
This comment will explain the evolution of welfare reform, present some proposals that others have suggested in order to remedy the problems the current system has, and suggest a way to best serve those of a lower socio-economic status. Part II explains the background on welfare reform and why the reform that occurred during the Clinton administration was so revolutionary. It will explain how the progress in the Clinton administration impacted the effectiveness of welfare reform. Part III details how the current welfare programs in place impact the United States, and how the changes by the Obama administration contrast with …
More Burden Than Benefit? Analysis Of The Benefit Corporation Movement In California, Sarah Thornsberry
More Burden Than Benefit? Analysis Of The Benefit Corporation Movement In California, Sarah Thornsberry
The Journal of Business, Entrepreneurship & the Law
The benefit corporation movement has been associated with the separate camps of social entrepreneurship, nonprofit organizations, and for-profit corporations, while trying to establish itself as a community of businesses that pursue not only profit, but also environmental and social good. This article examines the legal attributes of benefit corporation legislation and articulates why incorporating as a benefit corporation can be an excellent business decision. Lastly, the article looks at how the movement can further expand in California.
The Case For Forgiveness In Legal Disputes, Eileen Barker
The Case For Forgiveness In Legal Disputes, Eileen Barker
Pepperdine Dispute Resolution Law Journal
The article offers information on the education and understanding of forgiveness, which assists lawyers and mediators in supporting their clients in the area of forgiveness. It discusses two types of forgiveness relevant to legal disputes including bilateral forgiveness and unilateral forgiveness, and briefs common misconceptions about forgiveness. It analyzes that the essence of forgiveness is the giving up of resentment, anger, and hatred.
When More Than Sorry Matters, Lee Taft
When More Than Sorry Matters, Lee Taft
Pepperdine Dispute Resolution Law Journal
The article offers information on the legal aspects of apologizing and its place in dispute resolution. The typology of apology under the book "Mea Culpa" of sociologist Nicholas Tavuchis is mentioned, which distinguishes between authentic and inauthentic apologies. It reports that authentic apology acknowledges the legitimacy of the violated rule through speech, admits fault for its violation and expresses regret for the harm caused by the violation.
Apology, Forgiveness, Reconciliation & Therapeutic Jurisprudence, Susan Daicoff
Apology, Forgiveness, Reconciliation & Therapeutic Jurisprudence, Susan Daicoff
Pepperdine Dispute Resolution Law Journal
The article offers information on the definition of the apology, forgiveness, and reconciliation processes. It discusses the relationship between these concepts and explains the benefits of practical use of apology, forgiveness, and reconciliation in the law. It informs that these concepts provide an effective healing to dispute or conflicts between individuals, groups, or institutions.
Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado
Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado
Pepperdine Dispute Resolution Law Journal
The article offers information on the long-term effects of divorce on children and parents under the analysis of the social science literatures. It informs that the U.S. Courts should encourage reconciliation between low-discord parents which in turn would help to save their marriage and protect their children from negative psychological effects of their divorce.
Just Apologies: An Overview Of The Philosophical Issues, Nick Smith
Just Apologies: An Overview Of The Philosophical Issues, Nick Smith
Pepperdine Dispute Resolution Law Journal
In this article, the author offers overview of his book "I Was Wrong: The Meanings of Apologies" published in the year 2008, which provides a theoretical framework for apologies from individuals and from groups. He informs that the book explains meanings of apologies from individuals and collectives and focuses on the development of framework to law.
The Thorny Issue Of Forgiveness: A Psychological Perspective, Julie Juola Exline
The Thorny Issue Of Forgiveness: A Psychological Perspective, Julie Juola Exline
Pepperdine Dispute Resolution Law Journal
The article offers information on the concept and process of forgiveness from a psychological point of view. It discusses several decisions based on the challenging issue of forgiveness, which determines the purpose, timing, and effectiveness to assist forgiveness in avoiding risk to the forgiver. It informs that the forgiveness is relevant in cases where one person clearly commits some offense against another under conditions of envy, jealousy, and unhealed wounds.
An Introduction: The Richness Of Forgiveness Studies, Policy, And Practice, Calvin William Sharpe
An Introduction: The Richness Of Forgiveness Studies, Policy, And Practice, Calvin William Sharpe
Pepperdine Dispute Resolution Law Journal
The article offers information on the philosophical and scientific examination of the policies and practice of the forgiveness studies in the U.S. It informs about several philosophers who put in their efforts towards effectiveness of the scientific research on forgiveness including Jeffrie Murphy, Jean Hampton, and Everett L. Worthington. It also focuses on various theories of forgiveness.
Ceo & Employee Pay Discrepancy: How The Government's Policies Have Encouraged The Gap, David R. Meals
Ceo & Employee Pay Discrepancy: How The Government's Policies Have Encouraged The Gap, David R. Meals
The Journal of Business, Entrepreneurship & the Law
This paper examines the role of the U.S. Government in the CEO versus worker pay gap, both in contributing to its creation and the ability to reverse it. To better understand this issue, this paper includes a survey of current U.S. and foreign CEO compensation practices, a survey of theories proposed to explain the divergence between U.S. and foreign CEO compensation, a review of the social and business impact of excessive CEO compensation, and identifies socioeconomic theories regarding the excessive CEO pay trend. This is followed by a review of the history of attempted solutions along with newly enacted and …
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Women Of Color In The Judiciary: An American Dream, Charles Z. Smith
Women Of Color In The Judiciary: An American Dream, Charles Z. Smith
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan
Opening The Floodgates Of Decision-Making At The Missouri Administrative Hearing Commission, Daniel R.E. Jordan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey
Florida's Continuing Experiment With The Central Panel Process: The Division Of Administrative Hearings, William R. Dorsey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Administrative Adjudication Total Quality Management: The Only Way To Reduce Costs And Delays Without Sacrificing Due Process, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Equal Justice And The Alj, Adolph A. Birch Jr.
Equal Justice And The Alj, Adolph A. Birch Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Federal Court Interpretation Of Attorney's Fees Provision Of Equal Access To Justice Act As It Applies To Hearings Of The United States Department Of Agriculture: United States Department Of Agriculture V. Lane, Tamara Carnovsky
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Department Of Administrative Hearings For The City Of Chicago: A New Method Of Municipal Code Enforcement,, James M. Reilly, Joseph D. Condo, Matthew W. Beaudet
The Department Of Administrative Hearings For The City Of Chicago: A New Method Of Municipal Code Enforcement,, James M. Reilly, Joseph D. Condo, Matthew W. Beaudet
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko
Judges In The Executive Branch And Judges In The Judicial Branch: Similar, Yet Distinct, Thomas G. Welshko
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Panel Discussion On Independence And The Federal Alj, Arthur Fried, Ronald G. Bernoski
Panel Discussion On Independence And The Federal Alj, Arthur Fried, Ronald G. Bernoski
Journal of the National Association of Administrative Law Judiciary
No abstract provided.