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Journal Description, 2018 University of Missouri School of Law

Journal Description

Journal of Dispute Resolution

No abstract provided.


The Centrality Of Ongoing Relationships, Jacob Appelsmith 2018 University of Missouri School of Law

The Centrality Of Ongoing Relationships, Jacob Appelsmith

Journal of Dispute Resolution

Should anyone feel positive after a day of discussing the First Amendment in the context of threats to American universities and colleges from Nazis, white su-premacists, anarchists, and others using the campus as the staging ground for disruption and violence? Yes, because it was clear from the Center for the Study of Dispute Resolution’s (“CSDR”) Symposium, at the University of Missouri School of Law, that the evolution in thought over the past year on how institutions of higher education should handle these challenges is truly remarkable. The speakers as a body demonstrated that if an institution is thoughtful in ...


Four Questions About Free Speech And Campus Conflict, Jennifer Gerarda Brown 2018 University of Missouri School of Law

Four Questions About Free Speech And Campus Conflict, Jennifer Gerarda Brown

Journal of Dispute Resolution

Rather than presenting theories or truths about free speech and campus conflict, this Essay instead offers four questions—derived from lessons I have learned as a teacher, scholar, and practitioner of dispute resolution—that might shed some light on best practices in campus free speech disputes. These are considerations one might want to take into account before deciding who may speak, what they may say, and how those questions ought to be answered in any given situation. The four questions are these: What is the context for this dispute? Do the parties have an ongoing relationship? Is it fair to ...


The Modern Arbitration Frankenstein: The Rise And Fall Of The Consumer Financial Protection Bureau’S Arbitration Rule, Nick Leyh 2018 University of Missouri School of Law

The Modern Arbitration Frankenstein: The Rise And Fall Of The Consumer Financial Protection Bureau’S Arbitration Rule, Nick Leyh

Journal of Dispute Resolution

This Comment will analyze the CFPB’s proposed rule prohibiting companies from including a ban on class actions within their arbitration provisions. The CFPB’s proposed rule5 has created a political firestorm, resulting in strong opposition to the ban on class action waivers amongst both House and Senate legislators. Further, the current proposed rule has already been rejected by the House, utilizing the Congressional Review Act, an act passed in 1996 that allows the legislature to “fast-track” votes on legislation with only a simple majority from both houses of Congress, to enable a vote. The debate that surrounded the rule ...


“Hardly Be Said To Offer An Education At All”: Endrew And Its Impact On Special Education Mediation, Grant Simon 2018 University of Missouri School of Law

“Hardly Be Said To Offer An Education At All”: Endrew And Its Impact On Special Education Mediation, Grant Simon

Journal of Dispute Resolution

As the standards for special education students in America rise, the need to handle the resulting disputes arises as well. Special education disputes are a common yet emotional process for all parties involved. Such disputes can result in a split between the family and the school district- a split that can potentially leave negative consequences on the student. In 1975, Congress, realizing the personal nature and prevalence of special education issues, passed what would become the Individuals with Disabilities Education Act (IDEA). The IDEA offers states federal funds to assist in educating children with disabilities. This Act also authorizes the ...


Balanced Judicial Realism In The Service Of Justice: Judge Richard D. Cudahy, Elizabeth Mertz, Cynthia Grant Bowman 2018 University of Wisconsin Law School; American Bar Foundation

Balanced Judicial Realism In The Service Of Justice: Judge Richard D. Cudahy, Elizabeth Mertz, Cynthia Grant Bowman

Cornell Law Faculty Publications

There is a quiet irony to be found in scholarly writings about the judiciary, which often center around high-profile jurists selected as the “great” judges. But there are great judges who do not receive or even want such widespread recognition, and who do not discuss their philosophy of judging—they simply focus on the job in front of them. Judges who operate with humility can often be very quiet about their legacies—brushing the issue off, as if uncomfortable with the attention. Anyone who knew Judge Richard D. Cudahy of the United States Court of Appeals for the Seventh Circuit ...


Private Universities And The First Amendment, Ben Trachtenberg 2018 University of Missouri School of Law

Private Universities And The First Amendment, Ben Trachtenberg

Journal of Dispute Resolution

This Article questions whether private colleges and universities should act as though the First Amendment applies to them in the same way it constrains the policy of public colleges and universities. Specifically, the Article examines the common suggestion—by laypersons, lawyers, and scholars alike—that private universities ought to tolerate offensive, hateful, bigoted speech because the values animating First Amendment jurisprudence are similar to those guiding the decisions of good universities committed to free inquiry and the open exchange of ideas. It then notes that this suggestion, while commonly made, is rarely defended with much rigor or vigor. The Article ...


The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law, Wei Yao, Kenny CHNG 2018 Singapore Management University

The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law, Wei Yao, Kenny Chng

Research Collection School Of Law

The advent of the Singapore International Commercial Court (SICC) and the enactment of the Hague Convention on Choiceof Court Agreements 2005 (the Hague Convention) in Singapore presents an intriguing case study of the issues raised by theco-mingling of the rules of an international convention, jurisdictional rules for an international commercial court, andtraditional common law jurisdictional principles within the private international law and procedural rules of a singlenational jurisdiction. This article highlights several key issues raised by the interaction between the SICC, HagueConvention, and common law jurisdictional rules, and proposes solutions to streamline these three sets of rules into acoherent and ...


Law & Health Care Newsletter, 2018 University of Maryland Francis King Carey School of Law

Law & Health Care Newsletter

Law & Health Care Newsletter

No abstract provided.


A Bibliography Of Faculty Scholarship, Law Library 2018 The Catholic University of America, Columbus School of Law

A Bibliography Of Faculty Scholarship, Law Library

Scholarly Articles and Other Contributions

The purpose of this bibliography is to record in one place the substantial body of scholarship produced by the current faculty at the Catholic University, Columbus School of Law. From its humble beginnings under the tutelage of founding Dean William Callyhan Robinson, through its adolescent period when, like so many other American law schools, it was trying to define its pedagogical niche, to its eventual merger with the Columbus University Law School in 1954, the law school at Catholic University has always retained a scholarly and remarkably productive faculty. The sheer quantity of writing, the breadth of research and the ...


Suppression Of Free Tweets: How Packingham Impacts The New Era Of Government Social Media And The First Amendment, Elise Berry 2018 The University of Akron

Suppression Of Free Tweets: How Packingham Impacts The New Era Of Government Social Media And The First Amendment, Elise Berry

ConLawNOW

As social media popularity grows, so too does the constitutional conflicts between the First Amendment’s public forum doctrine and a public official’s social media. More and more claims of viewpoint discrimination are arising from the district courts, stemming from a public official’s use of his or her social media to delete comments or ban users from their official social media pages. Similarly, President Donald Trump’s use of his Twitter has also instigated a law suit against him for viewpoint discrimination under the public forum doctrine. While the Supreme Court has been silent on the issue, its ...


A Peek Over The Great Firewall: A Breakdown Of China’S New Cybersecurity Law, Jacob Quinn 2018 Southern Methodist University

A Peek Over The Great Firewall: A Breakdown Of China’S New Cybersecurity Law, Jacob Quinn

Science and Technology Law Review

No abstract provided.


Combatting Fake News: Alternatives To Limiting Social Media Misinformation And Rehabilitating Quality Journalism, Dallas Flick 2018 Southern Methodist University

Combatting Fake News: Alternatives To Limiting Social Media Misinformation And Rehabilitating Quality Journalism, Dallas Flick

Science and Technology Law Review

No abstract provided.


Not To Be Blunt, But Consumers Demand Weed With Their Pizza: Model Legislation For Marijuana Courier And Home Delivery Services, London Ryyanen England 2018 Southern Methodist University

Not To Be Blunt, But Consumers Demand Weed With Their Pizza: Model Legislation For Marijuana Courier And Home Delivery Services, London Ryyanen England

Science and Technology Law Review

No abstract provided.


A Preface To The Philosophy Of Legal Information, Kevin P. Lee 2018 Campbell University School of Law

A Preface To The Philosophy Of Legal Information, Kevin P. Lee

Science and Technology Law Review

No abstract provided.


Multinational Efforts To Limit Intellectual Property Income Shifting: The Oecd’S Base Erosion And Profit Shifting (Beps) Project, Jeffrey Maine 2018 University of Maine School of Law

Multinational Efforts To Limit Intellectual Property Income Shifting: The Oecd’S Base Erosion And Profit Shifting (Beps) Project, Jeffrey Maine

Science and Technology Law Review

No abstract provided.


Toward A Knowledge-Based Economy: Tpp And Thailand’S Experience And Concerns, Apinya Bunditwuthisagul 2018 University of the Thai Chamber of Commerce

Toward A Knowledge-Based Economy: Tpp And Thailand’S Experience And Concerns, Apinya Bunditwuthisagul

Science and Technology Law Review

No abstract provided.


Beyond Tpp: Legal Reform For Financing Intellectual Property And Innovation In Vietnam, Xuan-Thao Nguyen 2018 Indiana University, McKinney School of Law

Beyond Tpp: Legal Reform For Financing Intellectual Property And Innovation In Vietnam, Xuan-Thao Nguyen

Science and Technology Law Review

No abstract provided.


From Tpp To University: Transforming Technology Transfer, Hamid Piroozi 2018 Indiana University, McKinney School of Law

From Tpp To University: Transforming Technology Transfer, Hamid Piroozi

Science and Technology Law Review

No abstract provided.


Criminal Sanctions And The Tpp: Section 18.77, Shawn Marie Boyne 2018 Indiana University School of Law-Indianapolis

Criminal Sanctions And The Tpp: Section 18.77, Shawn Marie Boyne

Science and Technology Law Review

No abstract provided.


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