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Theory And Practice Of Mediation Representation, John Lande Sep 2024

Theory And Practice Of Mediation Representation, John Lande

Faculty Publications

These days, American attorneys regularly represent clients in mediation. This representation is a complex process, and attorneys and law students need guidance about how to serve clients well in this context. This article offers a theoretical framework for analyzing mediation representation based on Real Practice System Theory. It reviews books that outline elements of mediation representation and identify practical techniques that attorneys can use when representing clients in mediation. It supplies several suggestions for faculty who teach mediation, including teaching courses combining the perspectives of both mediators and mediation representatives.


Real Practice Systems Project Menu Of Checklists For Attorneys In Mediation, John Lande Sep 2024

Real Practice Systems Project Menu Of Checklists For Attorneys In Mediation, John Lande

Faculty Publications

This is a detailed menu of checklists for attorneys representing clients in mediation, including actions before, during, and after mediation sessions. The checklists include items about information to provide on websites, compliance with ethical requirements, and reflection and improvement of techniques. They are intended to prompt attorneys to become more conscious and intentional in their work, helping them to develop routines and strategies for dealing with recurring problems.

The checklists are extensive but not exhaustive. They are not recipes to follow strictly, thoughtlessly, or completely. Instead, they should help attorneys decide what to do in any specific case or in …


Constitutional Limits On State Power To Tax Trust Income, Carlyn S. Mccaffrey, John C. Mccaffrey Sep 2024

Constitutional Limits On State Power To Tax Trust Income, Carlyn S. Mccaffrey, John C. Mccaffrey

ACTEC Law Journal

No abstract provided.


Why Do We Ask The Court To Do Something That It Can't? Constitutional And Practical Issues With Judicial Appointment Of Successor Trustees, R. Ethan Ward, Stephen C. Crofford Sep 2024

Why Do We Ask The Court To Do Something That It Can't? Constitutional And Practical Issues With Judicial Appointment Of Successor Trustees, R. Ethan Ward, Stephen C. Crofford

ACTEC Law Journal

No abstract provided.


Nursing News & Views - September 2024, Joanne Miller Rn Sep 2024

Nursing News & Views - September 2024, Joanne Miller Rn

Nursing Newsletters

Nursing News & Views - September 2024


Fitz Center Profile: Amanda Film, Ryan Werner Sep 2024

Fitz Center Profile: Amanda Film, Ryan Werner

Community-Engaged Learning at the University of Dayton

Amanda, a senior communications major, interned with Saint Mary’s Development Corporation, where she honed her marketing and storytelling skills. Her work included promoting a resident-authored book, producing media, and gaining insights into nonprofit operations, fostering both professional and personal growth.

View the interview.


University Of Dayton Magazine, Autumn 2024, University Of Dayton Sep 2024

University Of Dayton Magazine, Autumn 2024, University Of Dayton

University of Dayton Alumni Publications

The University of Dayton Magazine is published quarterly by the Office of University Marketing and Communications for alumni, parents, students, faculty/staff, trustees and other friends of UD.


September 2024 Cafe Newsletter, Center For Advancing Faculty Excellence Sep 2024

September 2024 Cafe Newsletter, Center For Advancing Faculty Excellence

CAFE Faculty Newsletters

No abstract provided.


Masthead Volume 127, Issue 1 Sep 2024

Masthead Volume 127, Issue 1

West Virginia Law Review

No abstract provided.


Table Of Contents Sep 2024

Table Of Contents

West Virginia Law Review

No abstract provided.


Explainable Fairness In Regulatory Algorithmic Auditing, Cathy O'Neil, Holli Sargeant, Jacob Appel Sep 2024

Explainable Fairness In Regulatory Algorithmic Auditing, Cathy O'Neil, Holli Sargeant, Jacob Appel

West Virginia Law Review

No abstract provided.


The Addiction Restriction: Addiction And The Right To Bear Arms, F. Lee Francis Sep 2024

The Addiction Restriction: Addiction And The Right To Bear Arms, F. Lee Francis

West Virginia Law Review

This Article is the culmination of a yearlong research project, and it is the first to address addiction and drug use in the area of Second Amendment law. I argue that addicts may be disarmed, if they are dangerous. My dangerousness test centers on illicit use and imminent danger. That is, do the facts and circumstances prove that an individual is in fact a danger? To put it another way, disarmament is appropriate when there exists demonstrable evidence that a person poses a significant and imminent risk of causing public injury. This Article develops and expands upon some themes and …


Revitalizing Biotechnological Advancement In The United States: Patent Eligibility Reform To Promote Innovation While Preserving Morality, Sydney Virtue Sep 2024

Revitalizing Biotechnological Advancement In The United States: Patent Eligibility Reform To Promote Innovation While Preserving Morality, Sydney Virtue

West Virginia Law Review

Patent protection has long been recognized as a key part of promoting innovation; however, current patent eligibility law in the United States often produces the exact opposite result. While the basic framework for patent eligibility is provided by the Patent Act, the United States Supreme Court has crafted several significant exceptions to patent eligibility—laws of nature, natural phenomena, and abstract ideas. These judicial exceptions have created a crisis in patent law and impeded biotechnological innovation, as they are too vague to be properly confined and carry tests that are too ambiguous for predictable application. To promote and retain world leadership …


Taking Liberties: The Supreme Court's New Hierarchy Of Rights And Its Victims, Richard B. Katskee Sep 2024

Taking Liberties: The Supreme Court's New Hierarchy Of Rights And Its Victims, Richard B. Katskee

West Virginia Law Review

The legitimacy of our unelected Supreme Court comes from the nature and structural limitations on judicial power. Courts do not make policy in the abstract. Rather, Article III requires federal judges to decide only real, live disputes, on the facts before them. Stare decisis then prevents the courts from changing legal rules willy-nilly. The big, important changes come instead through collective decision-making by our elected representatives. When courts do break from stare decisis, it is normally to expand protections for the politically disempowered. Those protections then make legislatures more representative and act as brakes on abuses of minorities by an …


Vol. 27, No. 2: Masthead, Water Law Review Sep 2024

Vol. 27, No. 2: Masthead, Water Law Review

Water Law Review

No abstract provided.


Vol. 27, No. 2: Editor's Note, Zachary Alberts Sep 2024

Vol. 27, No. 2: Editor's Note, Zachary Alberts

Water Law Review

No abstract provided.


Vol. 27, No. 2: Table Of Contents, Water Law Review Sep 2024

Vol. 27, No. 2: Table Of Contents, Water Law Review

Water Law Review

No abstract provided.


Vol. 27, No. 2: Full Issue, Water Law Review Sep 2024

Vol. 27, No. 2: Full Issue, Water Law Review

Water Law Review

No abstract provided.


United States Supreme Court, Alexander Inskeep Sep 2024

United States Supreme Court, Alexander Inskeep

Water Law Review

No abstract provided.


A Tribal-State Water Compact? Exploring Tribal And State Sovereign Authority, With Congressional Consent, To Quantify Tribal Water Claims, Josh Mann Sep 2024

A Tribal-State Water Compact? Exploring Tribal And State Sovereign Authority, With Congressional Consent, To Quantify Tribal Water Claims, Josh Mann

Water Law Review

No abstract provided.


United States Court Of Appeals For The Tenth Circuit, Jonah Karls Sep 2024

United States Court Of Appeals For The Tenth Circuit, Jonah Karls

Water Law Review

No abstract provided.


Water Rights And Regional Equity: The Animas-La Plata Project And Its Implications For Tribal Sovereignty In Southwest Colorado, Olivia Atkins Sep 2024

Water Rights And Regional Equity: The Animas-La Plata Project And Its Implications For Tribal Sovereignty In Southwest Colorado, Olivia Atkins

Water Law Review

This essay delves into the historical and contemporary challenges the Ute Tribes face in their pursuit of equitable water rights. Beginning with the historical exclusion of tribal water rights in the Colorado River Compact of 1922, this analysis explores the ramifications of this exclusion and the subsequent enactment of the Colorado Ute Water Rights Settlement Act of 1988. Despite this settlement, tribes face obstacles to access and use their allocated water, particularly in relation to the Animas-La Plata Project and the 2000 Settlement Amendment Ultimately, both pieces of legislation imposed restrictions on the use of tribal water. This essay concludes …


New Mexico, Jonah Karls Sep 2024

New Mexico, Jonah Karls

Water Law Review

No abstract provided.


University Of Denver Water Law Review 2024 Annual Symposium: Water As A Nexus: Agriculture In The Arid West, Water Law Review Sep 2024

University Of Denver Water Law Review 2024 Annual Symposium: Water As A Nexus: Agriculture In The Arid West, Water Law Review

Water Law Review

Alexander Inskeep and Jackson Opgenorth. "Keynote Address"

Nikki Hernandez and Zelda Clegg. "Competing Priorities: Ensuring a Sustainable Future"

Olivia Atkins and Mary Lobato. "Groundwater and Agriculture as a Connector"

Taner Tibljas and Victoria Bartkavage. "Efficiency and Conservation: Agriculture Innovators"

Eleanor C. Hasenbeck and Mary Lobato. "Commoditization of Water and Incentives in Farming"


Cornerstone At The Confluence: Navigating The Colorado River Compact's Next Century, Caroline Ritter Sep 2024

Cornerstone At The Confluence: Navigating The Colorado River Compact's Next Century, Caroline Ritter

Water Law Review

No abstract provided.


My Pillars For Success: Education, Unity And Community, Susan Kutis Dds Sep 2024

My Pillars For Success: Education, Unity And Community, Susan Kutis Dds

Metro Denver Dental Society Articulator Magazine

MDDS President, Dr. Susan Kutis reflects on her professional journey. She shares the formative experiences that shaped her career, emphasizing three core pillars: continuing education, the power of organized dentistry and the importance of mentorship and community. Dr. Kutis highlights her dedication to advancing the profession through collective action, diversity, and lifelong learning. She expresses her vision for a more engaged and unified dental community and looks forward to fostering collaboration during her term as president.


Articulator Q3 2024 Sep 2024

Articulator Q3 2024

Metro Denver Dental Society Articulator Magazine

The magazine examines customer service and patient experience from different perspectives. Content includes:

  • An editorial from the MDDS President, Dr. Susan Kutis, on pillars for a successful dental career
  • A reflection from MDDS Co-Editor. Dr. Allen Vean, examining the basics of customer service
  • A feature from Dr. Amanda Jozsa, focusing on nine steps to improving patient experience
  • An update on non-compete agreements in Colorado
  • An article with practical cybersecurity tips to protect yourself, your patient and the dental practice
  • An article on ADA Commons - what it is and how it benefits member dentists


What's Your Cyber Protection Game Plan?, Paul Murphy Sep 2024

What's Your Cyber Protection Game Plan?, Paul Murphy

Metro Denver Dental Society Articulator Magazine

The article discusses offensive and defensive strategies for protection against cyberattacks and ransomware. Best practices detailed include engaging with credentialed experts, safeguarding against potential breaches through updated technology and vulnerability assessments and training staff to recognize and respond to threats.


Enhancing Access And Inclusion: The Retrofitting Of Olympic Facilities For The Paralympic Games, Lawrence W. Judge, Jeffrey Petersen, Adam Smith, Kyra Livergood Sep 2024

Enhancing Access And Inclusion: The Retrofitting Of Olympic Facilities For The Paralympic Games, Lawrence W. Judge, Jeffrey Petersen, Adam Smith, Kyra Livergood

Journal of Applied Sport Management

This critical review examines the strategies and challenges in adapting Olympic facilities for Paralympic use. A synthesis of recent literature evaluates successful retrofitting initiatives, elucidates ongoing challenges, and assesses the repercussions of global events on the dynamic process of facility conversion. The resulting analysis culminates in evidence-based recommendations for future investigations and the operational enhancement of Paralympic venues. These findings suggest that adopting a collaborative approach, anchored in universal design principles and preemptive planning, is imperative to developing accessible, efficient, and ecologically responsible Paralympic infrastructures.


Managing Coach-Athlete Dynamics: Immediacy And Meta-Perception In Intercollegiate Sports, Erica Pasquini, Lindsey Blom, James Johnson, Adam Smith, Lawrence W. Judge Sep 2024

Managing Coach-Athlete Dynamics: Immediacy And Meta-Perception In Intercollegiate Sports, Erica Pasquini, Lindsey Blom, James Johnson, Adam Smith, Lawrence W. Judge

Journal of Applied Sport Management

This study investigates the correlation between intercollegiate athletes' meta-perception accuracy and their assessment of coaches' immediacy behaviors, and actions that foster closeness. Utilizing the Coach-Athlete Relationship Questionnaire, 54 athletes evaluated their coaches' immediacy. Findings indicate that lower meta-accuracy aligns with perceived lower immediacy, highlighting the role of perceived relational closeness in athlete self-awareness. Gender dynamics, in terms of coach-athlete dyads, exhibited no effect on meta-perception accuracy. The findings of the study lend credence to sport managers including immediacy behaviors in coach training to enhance athletes' meta-accuracy perception, while also contributing to the literature on meta-perception in sports and coach-athlete gender …