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Articles 91 - 120 of 127
Full-Text Articles in Legal History
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 …
Economical Litigation Agreements: The "Civil Litigation Prenup" Need, Basis, And Enforceability , Daniel B. Winslow, Alexandra Bedell-Healy
Economical Litigation Agreements: The "Civil Litigation Prenup" Need, Basis, And Enforceability , Daniel B. Winslow, Alexandra Bedell-Healy
Pepperdine Dispute Resolution Law Journal
This article identifies the basis and limits of the parties' abilities to define and enforce discovery in an ex ante contract. Despite the deficiencies of litigation, the free, public dispute resolution forum of the civil justice system provides significant value in commercial disputes. That value can be used to maximum mutual advantage only if parties replace the infinite discovery permitted in conventional litigation with the finite discovery contracted in Economical Litigation Agreement (ELA) litigation. This article will help parties to understand the benefit and enforceability of the ELA.
Getting To Yes In Specialized Courts: The Unique Role Of Adr In Business Court Cases, Bejamin F. Tennille, Lee Applebaum, Anne Tucker Nees
Getting To Yes In Specialized Courts: The Unique Role Of Adr In Business Court Cases, Bejamin F. Tennille, Lee Applebaum, Anne Tucker Nees
Pepperdine Dispute Resolution Law Journal
The assumed compatibility between ADR and specialized courts is largely unexamined. Without being able to statistically validate the motivations and preferences of individual disputants in a manner to draw generalized conclusions, this article examines the relationship between ADR and specialized business courts by looking at how the two are structurally intertwined through existing procedural rules and implementation practices. Part I of this article describes the foundational structures and concepts behind both ADR and specialized business courts, as well as the similarities and differences between them. Part II explores the existing formal structural relationship between ADR and specialized courts by examining …
Teaching The Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, A Defining Features Matrix, Games, And An Exercise Based On Grievances Filed Against Florida Mediators , Paula M. Young
Pepperdine Dispute Resolution Law Journal
Teaching Professional Ethics to Lawyers and Mediators Using Active Learning Techniques will serve as the first article in a series of articles I have planned on the use of active learning techniques to teach the core values of mediation: mediator impartiality, party self-determination, confidentiality, and quality of the process/mediator competence. This article is the second article in that series. In Section III, I summarize the first article in the series. In Section IV, I describe the role of mediator impartiality as a core value of the mediation field. I evaluate the definitions of mediation found in several ethics codes as …
Congress's Power To Regulate The Federal Judiciary: What The First Congress And The First Federal Courts Can Teach Today's Congress And Courts , Paul Taylor
Pepperdine Law Review
No abstract provided.
The Devil Comes To Kansas: A Story Of Free Love, Sexual Privacy, And The Law, Charles J. Reid Jr.
The Devil Comes To Kansas: A Story Of Free Love, Sexual Privacy, And The Law, Charles J. Reid Jr.
Michigan Journal of Gender & Law
On Sunday, September 19, 1886, Moses Harman, the editor of the radical newspaper Lucifer the Light-Bearer, presided over an inherently contradictory event-a free-love marriage ceremony between his associate editor, the thirty-seven-year-old Edwin Walker, and Moses' own daughter, the sixteen-year-old Lillian. The case that the two Harmans and Walker wished to present aimed to transform marriage from a public to a private relationship and from a permanent and exclusive one to a temporary one that permitted potentially many partners. State v. Walker and its parties have received some scholarly notice, but the truly radical quality of the arguments Moses, Edwin, and …
Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard
Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard
Michigan Journal of Gender & Law
Parenting is a major preoccupation in law and culture. As a result of efforts of the American women's movement over the past forty years, the legal parent is, for the first time in history, sex-neutral. Our law has abandoned restrictions on women's education, employment, and civic participation that sprang from and reinforced beliefs about the primacy of motherhood as women's best destiny. On the flip side, U.S. law now also generally rejects formal constraints on men's family roles by requiring sex-neutrality of laws regulating custody, adoption, alimony, spousal benefits, and the like. The official de-linking of presumptive parenting roles from …
The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin
The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia
Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill
Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Getting Real About Legal Realism, New Legal Realism, And Clinical Legal Education, Katherine R. Kruse
Getting Real About Legal Realism, New Legal Realism, And Clinical Legal Education, Katherine R. Kruse
NYLS Law Review
No abstract provided.
Reflections: The Trajectory Of The Legal Profession In A Post-9/11 World, Joseph W. Armbrust
Reflections: The Trajectory Of The Legal Profession In A Post-9/11 World, Joseph W. Armbrust
NYLS Law Review
No abstract provided.
The Aftermath Of 9/11: Reflections Of Michael A. Cardozo, Michael A. Cardozo
The Aftermath Of 9/11: Reflections Of Michael A. Cardozo, Michael A. Cardozo
NYLS Law Review
No abstract provided.
Affiliations: Foreign Law Firms’ Path Into India, Christine Garg
Affiliations: Foreign Law Firms’ Path Into India, Christine Garg
NYLS Law Review
No abstract provided.
Response To Candace Vogler, "In Support Of Moral Absolutes", Michael P. Moreland
Response To Candace Vogler, "In Support Of Moral Absolutes", Michael P. Moreland
Villanova Law Review
No abstract provided.
Executive Power And The Law Of Nations In The Washington Administration, Robert J. Reinstein
Executive Power And The Law Of Nations In The Washington Administration, Robert J. Reinstein
University of Richmond Law Review
In this issue's lead article, Professor Reinstein continueshis examination of the development of executive power over foreign affairs during the early history of the Republic. Re- cently, both legal scholars and the courts are looking to the
actions of the first administrationas a potentialprecedent onhow to construe the scope and source of the President's au- thority to determine and conduct the United States' foreign
policy. Last year, in an articlepublished in thisjournal,Pro-fessor Reinstein concluded that no originalistjustificationex-ists for a plenary executive recognitionpower. In this article,
Professor Reinstein expands this discussion through an original historical and jurisprudential account of the Neutrality …
Dylan And The Last Love Song Of The American Left, John M. Facciola
Dylan And The Last Love Song Of The American Left, John M. Facciola
Fordham Urban Law Journal
The reminiscences of an old man who had the joy of being a New York kid when an old American music form was transformed by the extraordinary efforts of a group of musicians who saw a new creative force that they thought could cause revolutionary social change. This article examines the impact of the friendship between Bob Dylan and Woody Guthrie on folk music and describes the political consciousness of the music.
The Adirondack Park Land Use And Development Plan And Vermont's Act 250 After Forty Years, 45 J. Marshall L. Rev. 417 (2012), John S. Banta
The Adirondack Park Land Use And Development Plan And Vermont's Act 250 After Forty Years, 45 J. Marshall L. Rev. 417 (2012), John S. Banta
UIC Law Review
No abstract provided.
Foreword: The Past, Present, And Future Of Supreme Court Jurisprudence On Erisa, 45 J. Marshall L. Rev. Xxv (2012), Colleen E. Medill
Foreword: The Past, Present, And Future Of Supreme Court Jurisprudence On Erisa, 45 J. Marshall L. Rev. Xxv (2012), Colleen E. Medill
UIC Law Review
No abstract provided.
Comments On George Christie's "Judicial Decision Making In A World Of Natural Law And Natural Rights", Patrick Mckinley Brennan
Comments On George Christie's "Judicial Decision Making In A World Of Natural Law And Natural Rights", Patrick Mckinley Brennan
Villanova Law Review
No abstract provided.
On Finnis's Way In, Michelle Madden Dempsey
On Finnis's Way In, Michelle Madden Dempsey
Villanova Law Review
No abstract provided.
The Use And Abuse Of Presumptions: Some Comments On Dempsey And Finnis, Matthew Lister
The Use And Abuse Of Presumptions: Some Comments On Dempsey And Finnis, Matthew Lister
Villanova Law Review
No abstract provided.
Finnis On Lonergan: A Reflection, Frederick G. Lawrence
Finnis On Lonergan: A Reflection, Frederick G. Lawrence
Villanova Law Review
No abstract provided.
Practical Reason, Human Nature, And The Epistemology Of Ethics: John Finnis's Contribution To The Rediscovery Of Aristotelian Ethical Methodology In Aquinas's Moral Philosophy: A Personal Account, Martin Rhonheimer
Villanova Law Review
No abstract provided.
Response To Fr. Rhonheimer, Anna Bonta Moreland
Response To Fr. Rhonheimer, Anna Bonta Moreland
Villanova Law Review
No abstract provided.
In Support Of Moral Absolutes, Candace Vogler
In Support Of Moral Absolutes, Candace Vogler
Villanova Law Review
No abstract provided.
What Makes Practical Reason Law-Like?, Michael J. White
What Makes Practical Reason Law-Like?, Michael J. White
Villanova Law Review
No abstract provided.
Comment, Richard A. Munkelt