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Articles 12481 - 12510 of 544578
Full-Text Articles in Entire DC Network
Challenging Race-Based Health Care Discrimination: A New Private Right Of Action, Aaron Pinkett
Challenging Race-Based Health Care Discrimination: A New Private Right Of Action, Aaron Pinkett
Northwestern University Law Review
The Hippocratic Oath calls on doctors to “do no harm.” Yet we know from extensive public health research that clinicians repeatedly cause harm to Black patients by dismissing their medical concerns, misdiagnosing them, and undertreating their pain. These practices of differential treatment for Black patients have led to steadily increasing racial disparities in health care outcomes throughout the United States. Title VI of the Civil Rights Act of 1964 prohibits this type of disparate impact, but modern Supreme Court jurisprudence forecloses opportunities for affected parties to seek legal relief—despite the clearly established legislative intent of Title VI. However, another legal …
Preclusive Jurisdictional Dismissals, Kevin Song
Preclusive Jurisdictional Dismissals, Kevin Song
Northwestern University Law Review
Every litigant deserves their day in court. At the same time, litigants cannot endlessly go to court on the same matter. A complex body of preclusion law balances these fundamental tenets by examining when adjudication of a matter precludes subsequent relitigation. This body of law has evolved over time to preserve the day-in-court ideal in a way that is sensitive to the threats that relitigation present to judicial efficiency, fair adjudication, and repose. Modern preclusion law has settled on a pragmatic approach: where a court has issued a final judgment on the merits but erroneously assumed jurisdiction, relitigation may still …
Between Attraction And Evasion: Legal Factors Shaping Fdi In Indonesia And Neighboring Countries, Richard C. Adam
Between Attraction And Evasion: Legal Factors Shaping Fdi In Indonesia And Neighboring Countries, Richard C. Adam
Indonesia Law Review
This article examines the internal and external factors that influence foreign direct investment (FDI) in Indonesia, focusing specifically on the legal framework as a key determinant. Internal factors—also referred to as pull factors—include the quality of Indonesia’s Foreign Investment Law, legal certainty, bureaucratic efficiency, and the availability of fiscal and non-fiscal incentives. Meanwhile, push factors represent external elements, such as the attractiveness of neighboring countries’ investment laws, regional economic integration, and global investment trends that encourage capital relocation. Using a normative juridical approach and qualitative analysis of secondary data, this study compares Indonesia’s regulatory environment with that of several Southeast …
It’S Not So Simple: An Examination Of How The Internal Revenue Code Fails To Contemplate The Economic Realities Of Individuals With Disabilities And Their Families, Garret Hoff
Duke Law & Technology Review
Families with disabled students face extra costs associated with providing their child with the same education that other students get for free. Even though these costs are spent with the explicit purpose of supporting their child’s disability-informed care and are not incurred but for their disability (“but-for costs”), some of these costs are not deductible and others are subject to unnecessary ambiguity when it comes to their deductibility. Families with disabled students are forced to reckon with arbitrary distinctions if they want to receive any favorable tax treatment on but-for costs. This is because the relevant provision in the Internal …
Table Of Contents & Masthead, Karina Grobman
Table Of Contents & Masthead, Karina Grobman
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Mediation Dance Of Choreography Copyright, Kassandra Sopko
The Mediation Dance Of Choreography Copyright, Kassandra Sopko
Pepperdine Dispute Resolution Law Journal
Despite its societal presence and pervasive benefits for both performers and observers, dance remains a low-paying field with limited career longevity. While dance choreography copyright protection is an option for artists to monetize their work long-term, there are significant barriers due to legal complexities, financial burdens, and lack of awareness regarding copyright protections. The limitations of the copyright landscape burden choreographers who do seek to take advantage of their intellectual property rights, and many of the current suggested solutions for protecting choreography either prove inadequate or involve negative consequences. Alternative Dispute Resolution (ADR), particularly mediation with BATNA/WATNA incentives, presents a …
Blazing A Trail To Dispute Resolution: The Advantages Of Mediating Insurance And Mass Tort Claims Following Wildfires In California, Kate Hanes
Pepperdine Dispute Resolution Law Journal
Year after year, wildfires in California decimate property, the environment, and local communities, precipitating costly and protracted litigation. This Comment explores the advantages of mediating, rather than litigating, insurance and mass tort claims in the aftermath of these devastating natural disasters. In particular, this Comment contends that mediation benefits all parties—wildfire victims, their insurers, and alleged tortfeasors—by quickly and inexpensively resolving claims, preserving the common pool of funds to prevent insurer insolvency, and maintaining flexibility, predictability, and confidentiality. Drawing on examples of other successful disaster mediations, such as the Agent Orange case and those following Hurricanes Andrew and Katrina, this …
Heirs' Property Disputes: Evaluating Adr Forums To Change The Status Quo, Karina Grobman
Heirs' Property Disputes: Evaluating Adr Forums To Change The Status Quo, Karina Grobman
Pepperdine Dispute Resolution Law Journal
Heirs’ property—a form of communal ownership passed down through generations—is a symbol of family legacy in the South. Disputes between families and developers create a disparate loss of land among Black families in the South, often through court-ordered partition actions. Although some states adopted the Uniform Partition of Heirs Property Act (UPHPA) to reform partition sales, most courts still force sales of the entire property rather than more equitable divisions. This Comment explores various alternative dispute resolution (ADR) forums as a more just and efficient path to resolve heirs’ property disputes. Although the multi-party nature of heirs’ property disputes makes …
Don't Blame Me, Ticketmaster Made Me Crazy: A Discussion Of The Ticketmaster Eras Tour Fiasco, Madeline Enlow
Don't Blame Me, Ticketmaster Made Me Crazy: A Discussion Of The Ticketmaster Eras Tour Fiasco, Madeline Enlow
Pepperdine Dispute Resolution Law Journal
The Taylor Swift and the Ticketmaster fiasco raised massive arbitration issues and garnered vast public attention from concertgoers, fans, and other artists who may experience similar ticketing-sales disasters in the future. Ticketmaster’s current arbitration agreement with New Era ADR was the focal point of the “Eras” Tour legal dispute. This Comment delves into the components of the fiasco, breaking down the dispute between “Swifties” and the mega-company, discussing the involved parties and their pertinent interests, the existing rights each party can utilize to achieve those interests, power differences at play, and relevant barriers to a potential solution. In addition, this …
Applying Insights From The Enneagram Model Of Human Psychology To Enhance Neutrality And Success In Mediation, Inely Cassía Cesna
Applying Insights From The Enneagram Model Of Human Psychology To Enhance Neutrality And Success In Mediation, Inely Cassía Cesna
Pepperdine Dispute Resolution Law Journal
The ancient wisdom of the Enneagram illuminates the complexities of conflict, offering invaluable insights for mediators and individuals alike. Through various case studies and recommendations on practical applications, this Article illustrates how mediators can leverage Enneagram-based strategies to de-escalate conflict and facilitate constructive dialogues. By understanding the nine Enneagram Points, mediators can foster self-awareness, empathy, and communication among the disputing parties. Meanwhile, the Enneagram encourages mediators to self-reflect and address their own underlying emotions during the various mediation stages. Rather than a strict typological tool, the Enneagram’s inner lines, Wings, and Triadic Approaches allow mediators to easily recognize diverse responses …
Evidence Of Compliance, Maggie Wittlin
Where Were Purdue’S Lawyers? Lawyer Gatekeeping And Large-Scale Harms, W. Bradley Wendel
Where Were Purdue’S Lawyers? Lawyer Gatekeeping And Large-Scale Harms, W. Bradley Wendel
DePaul Law Review
No abstract provided.
Breaking The Corporate Stranglehold Over Toxics Regulation: A Possible Path Forward, Wendy E. Wagner, Steve C. Gold, Thomas O. Mcgarity
Breaking The Corporate Stranglehold Over Toxics Regulation: A Possible Path Forward, Wendy E. Wagner, Steve C. Gold, Thomas O. Mcgarity
DePaul Law Review
No abstract provided.
Microlocal Litigation For A Mass Tort World, Sarah L. Swan
Microlocal Litigation For A Mass Tort World, Sarah L. Swan
DePaul Law Review
No abstract provided.
Public Health And Safety Nuisances Per Se, Catherine M. Sharkey
Public Health And Safety Nuisances Per Se, Catherine M. Sharkey
DePaul Law Review
No abstract provided.
Does Research Funding Affect Research Findings?, Michael J. Saks
Does Research Funding Affect Research Findings?, Michael J. Saks
DePaul Law Review
No abstract provided.
Physicists As Environmental Experts, Rachel Rothschild
Physicists As Environmental Experts, Rachel Rothschild
DePaul Law Review
No abstract provided.
Refining The Tools To Stymie Government Regulation: Industry’S Misuse Of Science In The 1970s, David Rosner, Gerald Markowitz
Refining The Tools To Stymie Government Regulation: Industry’S Misuse Of Science In The 1970s, David Rosner, Gerald Markowitz
DePaul Law Review
No abstract provided.
Corporate Lawyers, Disloyalty, And The Opioid Crisis, Elise Bernlohr Maizel
Corporate Lawyers, Disloyalty, And The Opioid Crisis, Elise Bernlohr Maizel
DePaul Law Review
No abstract provided.
Using Public Nuisance Litigation To Address Industrywide Misconduct: Common-Law Statutes, Nondelegation Doctrine, And Regulation By Litigation, Hillel Y. Levin, Timothy D. Lytton
Using Public Nuisance Litigation To Address Industrywide Misconduct: Common-Law Statutes, Nondelegation Doctrine, And Regulation By Litigation, Hillel Y. Levin, Timothy D. Lytton
DePaul Law Review
No abstract provided.
Between Science And Administration: Regulatory Epistemology, Corporate Influence, And Endocrine-Disrupting Chemicals, Colleen Lanier-Christensen
Between Science And Administration: Regulatory Epistemology, Corporate Influence, And Endocrine-Disrupting Chemicals, Colleen Lanier-Christensen
DePaul Law Review
No abstract provided.
Industrywide Corruption In Three American Industries, Stephan Landsman
Industrywide Corruption In Three American Industries, Stephan Landsman
DePaul Law Review
No abstract provided.
On The Relationship Between Causation And Misconduct: Lessons From Bendectin, Alexandra D. Lahav
On The Relationship Between Causation And Misconduct: Lessons From Bendectin, Alexandra D. Lahav
DePaul Law Review
No abstract provided.
Farm Until It’S Gone: Industrial Animal Agriculture And The Limits Of Law, Douglas A. Kysar
Farm Until It’S Gone: Industrial Animal Agriculture And The Limits Of Law, Douglas A. Kysar
DePaul Law Review
No abstract provided.
Remedy Becomes Regulation: State Making After The Fact, Samuel Issacharoff, Adam Littlestone-Luria
Remedy Becomes Regulation: State Making After The Fact, Samuel Issacharoff, Adam Littlestone-Luria
DePaul Law Review
No abstract provided.
Civil Conspiracy, Negligence, And Recklessness In Claims Against Manufacturers Of Dangerous Products, John C. P. Goldberg, Benjamin C. Zipursky
Civil Conspiracy, Negligence, And Recklessness In Claims Against Manufacturers Of Dangerous Products, John C. P. Goldberg, Benjamin C. Zipursky
DePaul Law Review
No abstract provided.
Discovery Gamesmanship In Mass Torts, Seth Katsuya Endo
Discovery Gamesmanship In Mass Torts, Seth Katsuya Endo
DePaul Law Review
No abstract provided.
Towards An Emirati Legislative Framework For The Recognition Of Legal Personhood For Robots, Saeed Salem Alshamsi
Towards An Emirati Legislative Framework For The Recognition Of Legal Personhood For Robots, Saeed Salem Alshamsi
Thesis/ Dissertation Defenses
with the significant advancements in the fields of artificial intelligence and robotics, these technologies have had a direct impact on various aspects of daily life. Intelligent robots, which have the ability to self-learn and make decisions, are no longer just technological tools; they have become entities playing vital roles in many sectors such as healthcare, industry, security, and government services. As the reliance on these technologies increases, complex legal and ethical questions have arisen, including: How can the relationship between humans and robots be regulated? Can robots be granted "legal personhood" to hold them accountable for their actions?
The United …
Litigation Specificities In Individual Labour Disputes Under Federal Decree-Law No. (33) Of 2021 And Its Amendments, Ali Mubarak Al-Buraiki
Litigation Specificities In Individual Labour Disputes Under Federal Decree-Law No. (33) Of 2021 And Its Amendments, Ali Mubarak Al-Buraiki
Thesis/ Dissertation Defenses
This study aims to highlight the specific characteristics of individual labour disputes under the current UAE Labor Relations Regulation Law. The study begins by outlining the unique nature of individual labour disputes and explores the various aspects of their distinctiveness in litigation procedures, particularly in terms of speed, financial burdens, limitation periods, and the extent to which general litigation rules may be applied. It also examines the mechanism followed in adjudicating individual labour disputes. An analytical methodology was adopted to achieve the study’s objectives, through the analysis of the relevant provisions in the Labor Relations Regulation Law, in addition to …