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2003

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Articles 35521 - 35529 of 35529

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Questions About The Efficiency Of Employment Arbitration Agreements, Matthew T. Bodie Jan 2003

Questions About The Efficiency Of Employment Arbitration Agreements, Matthew T. Bodie

All Faculty Scholarship

The growing popularity of arbitration agreements is well-documented. The academic literature on these agreements has been largely critical, arguing that they jeopardize important rights and enable employers to take unfair advantage of employees and consumers. However, standard economic analysis suggests that since these agreements are freely negotiated, they presumably increase the utility of both parties and are therefore efficient. This Article raises questions about the efficiency of such agreements in the employment context. It begins by modeling the decision-making process by which a rational employee would judge the desirability of an agreement, both after and before a dispute has arisen. …

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Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson Jan 2003

Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson

All Faculty Scholarship

Looking gaunt but determined, 59 year-old Robert Tools was introduced on August 21, 2001, as a medical miracle-the first surviving recipient of a fully implantable artificial heart. At a news conference, Tools spoke with emotion about his second chance at life and the quality of his care. His physician looked on with obvious affection, grateful and honored to have extended Tools's life. Mr. Tools has since lost his battle for life, but will be remembered as a hero for undergoing an experimental technology and paving the way for other patients to undergo the procedure. Moreover, the fact that Tools was …

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State Revocation Of Law Enforcement Officers' Licenses And Federal Criminal Prosecution: An Opportunity For Cooperative Federalism, Roger L. Goldman Jan 2003

State Revocation Of Law Enforcement Officers' Licenses And Federal Criminal Prosecution: An Opportunity For Cooperative Federalism, Roger L. Goldman

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This article suggests ways that Department of Justice Attorneys who prosecute state and local law enforcement officers for violation of civil rights under 18 USC §§ 241 and 242 could use state laws that permit revocation of law enforcement officers’ licenses. Whereas federal criminal convictions of non-law enforcement defendants are close to 100%, statistics indicate that when law enforcement officers are go to trial in federal court, the conviction rate is closer to 50%. Thus, if a jury is unlikely to convict because of its natural sympathies towards the officer, prosecutor should seriously consider permitting the officer to agree to …

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Brown V. Board Of Education: 50 Years Later, Dana M. Malkus Jan 2003

Brown V. Board Of Education: 50 Years Later, Dana M. Malkus

All Faculty Scholarship

In Brown v. Board of Education, the U.S. Supreme Court unanimously concluded that the doctrine of “separate but equal” had no place in public education. That decision on May 17, 1954 initiated educational reform throughout the country and was a catalyst in launching the modern Civil Rights movement. Though Brown signaled the beginning of the end of de jure segregation in the United States, events since reveal that – one-half century later – the work is far from complete. On Friday, October 10, 2003, scholars, students, and practitioners joined together at Saint Louis University School of Law for a full-day …

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Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo Jan 2003

Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo

All Faculty Scholarship

In its recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act, and specifically the questions of who should be protected under the ADA, and what such protection requires. In the wake of the Court's decisions, workers have found it increasingly difficult to assert and protect their right to be free of disability-based discrimination in the workplace. Given the widespread influence of John Rawls in contemporary discussions of social, political and economic justice, his recent and final formulation of his theory of distributive justice presents a significant and promising philosophical foundation for evaluation of …

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The Sabbath And Genesis 2:1-3, H. Ross Cole Jan 2003

The Sabbath And Genesis 2:1-3, H. Ross Cole

Andrews University Seminary Studies (AUSS)

No abstract provided.

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The Adventist Trinity Debate. Part 1: Historical Overview, Jerry Moon Jan 2003

The Adventist Trinity Debate. Part 1: Historical Overview, Jerry Moon

Andrews University Seminary Studies (AUSS)

No abstract provided.

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New Catholic Encyclopedia: Jubilee Volume, The Wojtyła Years [Review] / Calvin W. Edwards., Denis Fortin Jan 2003

New Catholic Encyclopedia: Jubilee Volume, The Wojtyła Years [Review] / Calvin W. Edwards., Denis Fortin

Andrews University Seminary Studies (AUSS)

No abstract provided.

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Renewing The Center: Evangelical Theology In A Post-Theological Era [Review] / Stanley J. Grenz., Russell L. Staples Jan 2003

Renewing The Center: Evangelical Theology In A Post-Theological Era [Review] / Stanley J. Grenz., Russell L. Staples

Andrews University Seminary Studies (AUSS)

No abstract provided.

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