Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law
The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh
The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh
Nancy Welsh
A justice system, and the processes located within it, ought to deliver justice. That seems simple enough. But, of course, delivering justice is never so simple. Justice and the systems that serve it are the creatures of context.
This Article considers mediation as just one innovation within the much larger evolution of the judicial system of the United States. First, this Article outlines how the values of democratic governance undergird our traditional picture of the American justice system, presumably because the invocation of such values helps the system to deliver something that will be respected by the nation’s citizens as …
The Practice And Theory Of Lawyer Disqualification, Keith Swisher
The Practice And Theory Of Lawyer Disqualification, Keith Swisher
Keith Swisher
Lawyer disqualification is commonly feared — as a “strategic,” “tactical,” and “harassing” “potent weapon” depriving clients of their trusted counsel of choice. Although disqualification comes with costs, fundamental misunderstandings fuel this common fear. This Article finds that disqualification is a uniquely effective remedy for lawyer misconduct and makes the following contributions to the law and practice of lawyer disqualification: (1) an exhaustive study surveying disqualification cases and refuting the common misconception that disqualification motions are uncontrollably on the rise and uncontrollably bad; (2) an accessible analysis of lawyer disqualification doctrine that permits lawyers and judges to begin assessing common disqualification …
Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy
Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy
Deseriee A. Kennedy
No abstract provided.