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Articles 1 - 4 of 4
Full-Text Articles in Law
“Every Day And In Every Way, We All Are Becoming Meta And Meta," Or, How Communitarian Bargaining Theory Conquered The World (Of Bargaining Theory), Robert J. Condlin
“Every Day And In Every Way, We All Are Becoming Meta And Meta," Or, How Communitarian Bargaining Theory Conquered The World (Of Bargaining Theory), Robert J. Condlin
ExpressO
Debate over the relative merits of communitarian and adversarial theories of dispute bargaining has pre-occupied legal bargaining scholarship for at least twenty years. Seen as a negotiation, this debate makes it clear that communitarians are by far the better bargainers. In a move one might think more characteristic of adversarial bargaining, communitarians have changed the definition of bargaining effectiveness by reconstituting the world in which bargaining operates (the meta move of the title – in communitarian terms they “changed the game by changing the frame”), to make adversarial bargaining obsolete. Many of the arguments and maneuvers used in this effort …
A Proposal To Amend Rule 407 Of The Federal Rules Of Evidence To Conform With The Underlying Relevancy Rationale For The Rule In Negligence And Strict Liability Actions, Ralph Ruebner, Eugene Goryunov
A Proposal To Amend Rule 407 Of The Federal Rules Of Evidence To Conform With The Underlying Relevancy Rationale For The Rule In Negligence And Strict Liability Actions, Ralph Ruebner, Eugene Goryunov
ExpressO
The current version of FRE 407 prevents the use of evidence of remedial measures taken after an event that caused an injury or harm in order to prove negligence, culpable conduct, or strict product liability. Our proposal is that the language of Rule 407 be amended to preclude the admissibility of remedial measures which are taken both before and after an injury. This change will implement the relevancy rationale for the rule.
Freedom Of Speech In The Changining World Of Internet Domain Name Registration And Dispute Resolution: How The Increasing Influence Of National Governments In Domain Name Policy Threatens Free Speech On The Internet, Sean P. Shecter
ExpressO
The conflict between a private organization running the domain name system and the sovereign rights of states to regulate the internet brings to the forefront a key legal issue: the extent to which governments should control freedom of speech within the existing domain name system. The vacuous response to freedom of speech concerns in both the development of the domain name system and customary international law allowed for the increased influence of national governments. With national governments increasing their control over local domain names, significant gaps may develop in the protection of freedom of speech on the internet. Thus, nations, …
Settlement Of Disputes Under The United States-Central America-Dominican Republic Free Trade Agreement, David A. Gantz
Settlement Of Disputes Under The United States-Central America-Dominican Republic Free Trade Agreement, David A. Gantz
ExpressO
The U.S. – Central America – Dominican Republic Free Trade Agreement is one of nearly a dozen post-NAFTA FTAs that have been concluded by the United States since 2000 with nations in Latin America, the Middle East and Asia. All of these newer agreements are based on NAFTA, but they differ in significant respects, particularly in the chapters relating to dispute settlement. The changes reflect, most significantly, U.S. government experience with NAFTA dispute settlement, particularly with regard to actions brought by private investors against the United States and other NAFTA governments under NAFTA’s investment protection provisions (Chapter 11). However, they …