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Rico's Pattern Requirement: Clarified Or Further Confused, John Bioff

Missouri Law Review

No abstract provided.

Title Page

Journal of Dispute Resolution

No abstract provided.

Chipping Away At Lawyer Veracity: The Aba's Turn Toward Situation Ethics In Negotiations, Ruth Fleet Thurman

Journal of Dispute Resolution

This Article questions the wisdom of the Model Rule's exceptions to honest dealings in negotiations on several grounds: (1) Proponents of the exceptions have not offered empirical evidence or professional justification for this approach; 16 (2) The approach will further tarnish the profession's image; (3) The approach will create a slippery slope that leads to unintended ethical violations; and (4) The approach will erode the high degree of trust, veracity and integrity required of lawyers as "officer[s] of the legal system."1 7 For these reasons, the Model Rule's exceptions to honesty in negotiations should be abolished by the ABA and …

Just Saying No: Avoiding Predispute Agreements To Arbitrate In Securities Cases, Jim Parks

Journal of Dispute Resolution

This Comment will explore the current state of securities arbitration and will examine the advisability of arbitration in a securities context. In addition, this Comment will consider avenues of relief open to the securities plaintiff who is seeking to avoid arbitration.

Catch-22 Of Mandatory Summary Jury Trials, The, Daniel K. O'Toole

Journal of Dispute Resolution

Since its inception nearly ten years ago, the summary jury trial has received almost unanimous acclaim as an extremely effective means of inducing settlement and avoiding protracted litigation.' The settlement technique continued to be used with virtually no opposition2 until some courts began using the summary jury trial as a mandatory settlement mechanism. 3 Within the federal court system, a split of authority has developed as to the permissibility of a trial judge imposing a summary jury trial settlement procedure on litigants.4 Strandell v. Jackson County, Ill.5 and McKay v. Ashland Oil, Inc.6 are two of the more recent cases …

Public's Need To Know Vs. Effective Settlement Techniques: The First Amendment Confronts The Summary Jury Trial - Cincinnati Gas And Electric Co. V. General Electric Co., The, Anne E. Billings

Journal of Dispute Resolution

With the proliferation of alternative dispute resolution, the summary jury trial (SJT) has become popular in many federal courts as an alternative to litigation. 2 Because of the SJT's trial-like nature, members of the press argue that the first amendment 3 gives the press the right to report on SJT proceedings. In Cincinnati Gas and Electric Co. v. General Electric Co.,4 the Sixth Circuit Court of Appeals addressed the issue of whether the first amendment right of access attaches to a SJT proceeding.

Constitutionally Recognizing Court Mandated Arbitration: Paradise Found Or Problems Abound - Firelock Inc. V. District Court, Scott M. Badami

Journal of Dispute Resolution

This Note will argue that notwithstanding any criticism of the court-annexed arbitration procedure, the Colorado Supreme Court is taking a leadership position in upholding and expanding the role for arbitration, by recognizing that this form of alternative dispute resolution is less expensive, saves judicial time, provides for confidentially, and most importantly, provides the parties with a sense of fairness in the outcome.

Bridging The Procedural Gap: Arbitration Decisions As A Basis For Collateral Estoppel - Benjamin V. Traffic Executive Association Eastern Railroads, Robert M. Bain

Journal of Dispute Resolution

Courts have long used the doctrine of collateral estoppel to preclude relitigation of previously determined issues. The fora for the previous determination is of importance in deciding whether to apply the doctrine. This Note will examine the application of the doctrine of collateral estoppel to arbitration decisions. In deciding the question, the courts' major consideration is the degree of procedural differences between the arbitration proceeding and a judicial proceeding. The more closely an arbitration resembles litigation in the procedural safeguards employed, the more likely that the arbitral decision will be accorded a preclusive effect. Unfortunately, as arbitration proceedings become more …

Book Reviews, Michele S. G. Hermann

Journal of Dispute Resolution

Two new introductory books on mediation have been published within the last year. ANATOMY OF MEDIATION1 is co-authored by veteran labor arbitrator Sam Kagel, who has been practicing and writing about resolving labor-management disputes for 45 years,2 and Kathy Kelly, also a labor arbitrator and author in the field.3 MEDIATE, DON'T LITIGATE4 is written by Peter Lovenheim, a New York lawyer who is former legal counsel and program director for the Center for Dispute Settlement, a public mediation center in Rochester, New York

Five-Year Index To Volumes 1984-1989

Journal of Dispute Resolution

No abstract provided.

Table Of Leading Articles-Authors

Journal of Dispute Resolution

No abstract provided.

Table Of Leading Notes-Authors

Journal of Dispute Resolution

No abstract provided.

National Cpe Curriculum: A Pathway To Excellence, American Institute Of Certified Public Accountants. National Cpe Curriculum Subcommittee

AICPA Committees

No abstract provided.

Criminal Law—Pretextual Arrests And Alternatives To The Objective Test, Robert D. Snook

Western New England Law Review

No abstract provided.

Outer Continental Shelf Oil And Gas Development During The Reagan Administration--Part I, G. Kevin Jones

Western New England Law Review

No abstract provided.

Federal Courts—Certification Before Facial Invalidation: A Return To Federalism, Beth A. Hardy

Western New England Law Review

No abstract provided.

Risk Allocation For Computer System Security Breaches: Potential Liability For Providers Of Computer Services, Cheryl S. Massingale, A. Faye Borthick

Western New England Law Review

No abstract provided.

Criminal Procedure—Federal Rule Of Criminal Procedure 6(E): Criminal Or Civil Contempt For Violations Of Grand Jury Secrecy?, Janice S. Peterson

Western New England Law Review

No abstract provided.

Report Of The Special Committee On Governance And Structure, American Institute Of Certified Public Accountants. Special Committee On Governance And Structure

AICPA Committees

No abstract provided.

Joint Ethics Enforcement Program (Jeep) Manual Of Procedures, 1990 November, American Institute Of Certified Public Accountants. Professional Ethics Executive Committee

AICPA Committees

No abstract provided.

Accounting Literature Awards, 1966-1990, American Institute Of Certified Public Accountants. Joint Aaa/Aicpa Accountig Literature Awards Commitee

AICPA Committees

No abstract provided.

San Luis Rey In The Nineteenth Century: Its People, Institutions And Events, Robert Ernest Melbourne

Theses

Anyone interested in the history of San Luis Rey will soon realize that the San Luis Rey of the nineteenth century was a region of considerable expanse. The Mission of San Luis Rey de Francia, which was just getting on solid footing at the beginning of 1800, established ranchos for the raising of cattle, sheep and grain that provided the revenue to sustain the Mission and most of the food for the nearly three thousand Indian residents. These ranchos, which included gardens and orchards of varying sizes, extended from the Rancho Agua Hedionda in the south to Rancho Santa Margarita …

Toward A Housing Imperative And Other Reflections On Balanced Growth And Development, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In a series of recent cases, the New York courts have commented on the legislative acts of the state and local governments which have restricted or expanded the access to housing for limited income households or minorities. From these holdings, we can glimpse the outlines of a housing imperative: an emerging right running generally to low and moderate income households and minorities not to be excluded from living in any given community. As important, there also emerges the understanding that our legislators are empowered to act decisively to solve New York's much-lamented housing problem.

Corporate Philanthropy And The Business Benefit: The Need For Clarity, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

The need for clarity or harmony is the subject of this essay. Part II summarizes a philosophical debate between two scholars on the mission of the corporation. Part III briefly traces the historical development of the relevant principles and Part IV examines the actual philanthropic practices of several large publicly held corporations. Finally, Part V considers the continuing significance of the common law rule in light of these practices and urges support for the ALI proposal.

1990/91 Cslife (Winter), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Corporate Governance and the Environment: Beyond the Transactional Audit, page 1

“Derrida II” Draws Scholars from Across the Country, page 2

Justice Scalia’s Jurisprudence Examined, page 2

Legal Reform in the Soviet Union: Prospects for Human Rights and Economic Transformation, page 3

Cardozo’s Board of Directors Expands, page 3

A.B.A. Regional Negotiation Competition Held at Cardozo, page 4

The Writer and the State, page 4

Scenes from Cardozo’s Summer Program in Eastern Europe, page 5

New Associate Deans Named, page 6

Faculty News, page 7

AIDS Testing and Rape Cases: Clashing Interests, page 7

This Gun For Hire: Dancing In The Dark Of The First Amendment, Michael I. Meyerson

All Faculty Scholarship

Classified advertisements in newspapers and magazines represent a uniquely democratic access to the media for the individual. Without having to pay the thousands of dollars for full-page advertisements, buyers and sellers can purchase space for their offers for only a few dollars, yet have them seen by city-wide or nation-wide audiences. Democracy, though, breeds its own excesses, and the legal question is always how to control that excess without harming the freedom.

As befits a medium open to all, classified advertisements run the gamut of human activity, from the sale of a used automobile to employment to lonely singles looking …

Determining Whether Property Is Necessary For An Effective Reorganization: A Proposal For The Use Of Empirical Research, Charles Shafer

All Faculty Scholarship

The automatic stay is considered to be one of the most important provisions of the Bankruptcy Code for Chapter 11 debtors. It is the shield behind which the debtor may go about the process of reorganization using the mechanisms provided by the other sections of the Code. The stay permits a debtor the time to formulate a repayment or reorganization plan.

Resisting a challenge to the stay is, therefore, often crucial to the reorganizing debtor. By preventing the initiation or pursuit of legal action against a debtor, the stay allows the debtor to devote its limited time and resources to …

The Making Of A Law Teacher, Odeana R. Neal

All Faculty Scholarship

At a meeting of the Northeast Corridor in October, 1990, Paulette Caldwell wondered aloud whether black women law teachers might be carrying on a cultural tradition of teaching. Her inquiry struck a chord with me that I hadn't heard in a long time. When I was very young, I wanted to be a teacher. I tutored younger children when I was in elementary school and commandeered a math class in junior high school after the teacher challenged me to "get up here and teach the class if you think you can do it better than I can." I thought I …

Resolving International Conflict Of Laws By Federal And State Law, James A.R. Nafziger

Pace International Law Review

No abstract provided.

United States V. Maynard And Enforcement Of United States Drug Trafficking Laws On The High Seas: How Far Does United States Jurisdiction Really Reach?, Frances S. Blakeslee

Pace International Law Review

No abstract provided.