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Articles 6061 - 6090 of 8275
Full-Text Articles in Entire DC Network
Training Mediators To Listen: Deconstructing Dialogue And Constructing Understanding, Agendas, And Agreements, Lela P. Love
Training Mediators To Listen: Deconstructing Dialogue And Constructing Understanding, Agendas, And Agreements, Lela P. Love
Articles
This article examines the unique components of dialogue between disputing parties that mediators extract and reframe to move the discussion forward. The same components provide the building blocks of the discussion agenda and the framework of the mediation agreement. The article suggests a number of teaching strategies for training mediators to listen effectively and proactively.
A Dangerous Supplement? Longshot Claims And Private Securities Litigation, Charles M. Yablon
A Dangerous Supplement? Longshot Claims And Private Securities Litigation, Charles M. Yablon
Articles
No abstract provided.
The Costs Of Confidentiality And The Purpose Of Privilege, Melanie B. Leslie
The Costs Of Confidentiality And The Purpose Of Privilege, Melanie B. Leslie
Articles
No abstract provided.
Rethinking The Penalty Phase, Kyron Huigens
Rethinking The Penalty Phase, Kyron Huigens
Articles
This article argues that the chaos of the US Supreme Court’s death penalty jurisprudence can be sorted with the use of a single point of clarification. That jurisprudence uses the term “culpability” – and similar terms, such as desert, responsibility, and blameworthiness – without regard to a critical ambiguity. We use “culpability” to refer to fault in wrongdoing, as reflected in “culpability elements” such as purpose or recklessness. We also use culpability to refer to eligibility for punishment, which is at issue in the defenses of insanity or minority. Death sentencing is structured around aggravating and mitigating factors, but aggravation …
Development And Implementation Of The C-Print Speech-To-Text Support Service, Michael Stinson, Barbara Mckee, Lisa Elliot
Development And Implementation Of The C-Print Speech-To-Text Support Service, Michael Stinson, Barbara Mckee, Lisa Elliot
Articles
In this chapter we provide an overview of the growth of this system from an idea to a system that hundreds of deaf and hard of hearing students depend on everyday for communication access and learning. This chapter addresses the following questions regarding the development and implementation of C-Print. Why is there a need for the system? How does C-Print work? What have been the phases in creating the current system? What is the research evidence regarding its effectiveness and limitations? How might the system change in the future as new technologies emerge?
From The Author Rodrigo Chronicles Symposium: Response, Richard Delgado
From The Author Rodrigo Chronicles Symposium: Response, Richard Delgado
Articles
No abstract provided.
Derrick Bell's Toolkit--Fit To Dismantle That Famous House Derrick Bell Lecture, Richard Delgado
Derrick Bell's Toolkit--Fit To Dismantle That Famous House Derrick Bell Lecture, Richard Delgado
Articles
No abstract provided.
Official Elitism Or Institutional Self Interest - 10 Reasons Why Uc-Davis Should Abandon The Lsat (And Why Other Good Law Schools Should Follow Suit) Edward L. Barrett, Jr. Lecture On Constitutional Law, Richard Delgado
Articles
No abstract provided.
The Enlightenment Case For Vouchers, John O. Mcginnis
Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach
Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach
Articles
When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party …
A Circus Among The Circuits: Would The Truly Famous And Diluted Performer Please Stand Up? The Federal Trademark Dilution Act And Its Challenges, Xuan-Thao Nguyen
A Circus Among The Circuits: Would The Truly Famous And Diluted Performer Please Stand Up? The Federal Trademark Dilution Act And Its Challenges, Xuan-Thao Nguyen
Articles
Sometimes, nothing is more painful than the truth. Congress passed the celebrated Federal Trademark Dilution Act of 1995 (“the Act” or the “Dilution Act”) with great hope that it would create a uniform anti-dilution law, end forum shopping, and encourage trademark owners to build brand equity with more ease. Congress was overwhelmingly in favor the Act, and thus passed it with little debate, leaving behind a sparse congressional record. In its haste to pass the Act, Congress failed to address whether the Act extends to product design marks; whether the Act requires proof of actual economic harm, or if likelihood …
Limitation Of Liability, Craig Allen
Limitation Of Liability, Craig Allen
Articles
From the list of "problems" with the Limitation Act in the U.S. that are within the federal courts' power to resolve, I have elected to discuss three. Necessarily, the coverage of each problem will be brief. After a short summary of the Limitation Act's principal features, the essay examines the recurring confusion over the relevance of unseaworthiness in limitation actions. Second, it highlights the need to update the courts' choice of law doctrine for limitation issues. Finally, it turns to an issue that is only beginning to emerge, and one which the federal courts may yet save from idiosyncratic precedents …
Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iv), Craig H. Allen
Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iv), Craig H. Allen
Articles
No abstract provided.
Production Of A Signal By Irradiated Cells Which Leads To A Response In Unirradiated Cells Characteristic Of Initiation Of Apoptosis, Fiona Lyng, C. Seymour, C. Mothersill
Production Of A Signal By Irradiated Cells Which Leads To A Response In Unirradiated Cells Characteristic Of Initiation Of Apoptosis, Fiona Lyng, C. Seymour, C. Mothersill
Articles
This study investigated the ability of medium from irradiated cells to induce early events in the apoptotic cascade, such as mobilization of intracellular calcium, loss of mitochondrial membrane potential and increase in reactive oxygen species, in cells which were never exposed to radiation. Medium from irradiated human keratinocytes was harvested and transferred to unirradiated keratinocytes. Endpoints characteristic of the initiation of apoptosis were monitored for a period of 24 h following medium transfer. Clonogenic survival was also measured. Rapid calcium fluxes (within 30 s), loss of mitochondrial membrane potential, increases in reactive oxygen species (from 6 h after medium transfer), …
Developing Marketing Competence And Managing In Networks: A Strategic Approach, Aidan O'Driscoll, David Carson, Audrey Gilmore
Developing Marketing Competence And Managing In Networks: A Strategic Approach, Aidan O'Driscoll, David Carson, Audrey Gilmore
Articles
Two important domains of scholarly investigation over the last decade, competency development and networks, share important common ground. These domains are also comprehended gainfully in terms of their wider strategic underpinning. This paper first contends that competence is considered best in terms of the particular strategy–structure–shared values constellation of a firm. This enables competence, including marketing competence, to be understood in terms of competency deepening (within the conventional marketing function), broadening (marketing activity which must be shared and co-managed with other parts of the firm), and of partnering (essentially, the ability to manage alliances, networks and relationships between the firm …
Development Of A Quality Control Procedure For Force Platforms, Jacinta Browne, Neil O'Hare
Development Of A Quality Control Procedure For Force Platforms, Jacinta Browne, Neil O'Hare
Articles
A force platform is a technical method of quantitatively assessing balance indirectly. The use of force platforms in physiotherapy departments has become more prominent over the last few years. However, the main drawback in the use of force platforms is the lack of comprehensive calibration procedures, which casts doubt on the results obtained with these systems. Existing calibration tests are limited to testing the spatial accuracy of the force platform. This paper describes a comprehensive quality control test procedure which was developed. It is proposed that the developed quality control test procedure could be used to test all types of …
Development Of A Novel Method For Assessing Balance: The Quantitative Posturography System, Jacinta Browne, Neil O'Hare
Development Of A Novel Method For Assessing Balance: The Quantitative Posturography System, Jacinta Browne, Neil O'Hare
Articles
Balance is the ability to maintain equilibrium while sitting or standing. There are a number of different methods, which are used to assess balance: technical methods such as Sway Magnetometry, Ataxia Meter and Force Platforms and clinical methods such as Functional Reach Test, Berg Balance Test and Fall Risk Index. The most frequently used technical method is the force platform. There are two types of Force Platform a static and a dynamic Force Platform of which the dynamic Force Platform has been found to be more sensitive at detecting impaired balance. The Quantitative Posturography System (QPS) described in this paper …
Motive Restrictions On Court Access: A First Amendment Challenge, Carol Rice Andrews
Motive Restrictions On Court Access: A First Amendment Challenge, Carol Rice Andrews
Articles
No abstract provided.
Introducing Negotiation And Drafting Into The Contracts Classroom, Carol Chomsky, Maury Landsman
Introducing Negotiation And Drafting Into The Contracts Classroom, Carol Chomsky, Maury Landsman
Articles
It is by now almost a commonplace to say that the first year of law school should include skills-focused opportunities in addition to the massive doses of legal doctrine and analysis that form the core of the first year curriculum. 1 Understanding contracts only through the lens of litigated disputes gives students a very limited picture of what lawyers do with respect to contracts and little opportunity to develop the skills of effective representation and artful and precise drafting needed to avoid such litigation. Moreover, the necessary emphasis on contract doctrine may obscure the degree to which many contract-related problems …
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks
En/Gendering Equality: Seeking Relief Under Title Vii Against Employment Discrimination Based On Sexual Orientation, Anthony E. Varona, Jeffrey M. Monks
Articles
No abstract provided.
Institutionalizing Economic Justice: A Latcrit Perspective On The Imperatives Of Linking The Reconstruction Of "Community" To The Transformation Of Legal Structures That Institutionalize The Depoliticization And Fragmentation Of Labor/Community Solidarity, Elizabeth M. Iglesias
Articles
No abstract provided.
Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi
Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi
Articles
No abstract provided.
Constructing Solidarity: Interest And White Workers, Martha R. Mahoney
Constructing Solidarity: Interest And White Workers, Martha R. Mahoney
Articles
No abstract provided.
The "Camouco" (Panamav. France) (Judgment). Itlos Case No. 5. . International Tribunal For The Law Of The Sea, February 7, 2000., Bernard H. Oxman, Vincent P. Bantz
The "Camouco" (Panamav. France) (Judgment). Itlos Case No. 5. . International Tribunal For The Law Of The Sea, February 7, 2000., Bernard H. Oxman, Vincent P. Bantz
Articles
No abstract provided.
From Poor Law To Immigration Law: Changing Visions Of Territorial Community In Antebellum Massachusetts, Kunal Parker
From Poor Law To Immigration Law: Changing Visions Of Territorial Community In Antebellum Massachusetts, Kunal Parker
Articles
No abstract provided.
Dealing With Histories Of Oppression: Black And Jewish Reactions To Passivity And Collaboration In William Styron's Confessions Of Nat Turner And Hannah Arendt's Eichmann In Jerusalem, David Abraham, Kimberly A. Mccoy
Dealing With Histories Of Oppression: Black And Jewish Reactions To Passivity And Collaboration In William Styron's Confessions Of Nat Turner And Hannah Arendt's Eichmann In Jerusalem, David Abraham, Kimberly A. Mccoy
Articles
No abstract provided.
Internet Resources Related To Nursing Care Facilities, Robin Schard
Internet Resources Related To Nursing Care Facilities, Robin Schard
Articles
No abstract provided.
Disorderly Conduct: Day Traders And The Ideology Of "Fair And Orderly Markets", Caroline Bradley
Disorderly Conduct: Day Traders And The Ideology Of "Fair And Orderly Markets", Caroline Bradley
Articles
No abstract provided.
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday
Articles
No abstract provided.
Unlocking The Mysteries Of Holy Trinity: Spirit, Letter, And History In Statutory Interpretation, Carol Chomsky
Unlocking The Mysteries Of Holy Trinity: Spirit, Letter, And History In Statutory Interpretation, Carol Chomsky
Articles
In 1892, the Supreme Court construed the Alien Contract Labor Act of 1885, which barred importation of “any alien” under contract to perform “labor or service of any kind,” as not prohibiting a New York church from hiring a British pastor to occupy its vacant pulpit. “[A] thing may be within the letter of the statute and yet not within the statute because not within its spirit, nor within the intention of its makers,” wrote Justice David Brewer in Holy Trinity Church v. United States. Brewer's opinion is a touchstone for those seeking to overcome plain statutory language, but is …