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Full-Text Articles in Law

Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley Jul 2019

Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley

Maryland Law Review

No abstract provided.


A Case Against Collaboration, Rachel Rebouché Jun 2017

A Case Against Collaboration, Rachel Rebouché

Maryland Law Review

In family law, as in other legal disciplines, the use of alternative dispute resolution has dramatically increased. In a process called collaborative divorce, separating spouses hire attorneys who agree to work together—almost entirely outside of the court system—to reach a settlement ending the marriage. A team of experts, including mental health professionals, financial neutrals, and parenting coordinators, helps the parties resolve conflicts and settle property, support, and custody disputes. For divorcing couples, the collaborative process promises emotional healing and avoidance of contentious litigation. Advocates for collaborative divorce describe the transformational effects of the process in an evangelical tone.

But collaborative …


Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum Mar 2017

Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum

Maryland Law Review

The U.S. healthcare system has a problem: hundreds of thousands of people die each year, and over a million are injured, by medical mistakes that could have been avoided. Furthermore, over ninety percent of these patients and their families never learn of the errors or receive redress. This problem persists, despite myriad reforms to the medical malpractice system, because of lawmakers’ dominant focus on reducing providers’ liability insurance costs. Reform objectives are beginning to change, however, and the vehicle for implementing these changes is alternative dispute resolution (“ADR”). Historically, legislatures deployed ADR to curb malpractice litigation and restrict patients’ access …


Gaining Prominence In Dispute Resolution, Jill Yesko Jan 2016

Gaining Prominence In Dispute Resolution, Jill Yesko

Maryland Carey Law

No abstract provided.


“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu Dec 2015

“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu

Maryland Law Review

Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …


The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner Jan 2014

The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner

Maryland Law Review

No abstract provided.


Consumer Financial Services Arbitration: What Does The Future Hold After Concepcion?, Alan S. Kaplinsky, Mark J. Levin Jan 2013

Consumer Financial Services Arbitration: What Does The Future Hold After Concepcion?, Alan S. Kaplinsky, Mark J. Levin

Journal of Business & Technology Law

No abstract provided.


Drafting Arbitration Agreements: A Practioner's Guide For Consumer Credit Contracts, Nicole F. Munro, Peter L. Cockrell Jan 2013

Drafting Arbitration Agreements: A Practioner's Guide For Consumer Credit Contracts, Nicole F. Munro, Peter L. Cockrell

Journal of Business & Technology Law

No abstract provided.


Speech, Brian S. Harvey Jan 2013

Speech, Brian S. Harvey

Journal of Business & Technology Law

No abstract provided.


The Impact Of Local Patent Rules On Rate And Timing Of Case Resolution Relative To Claim Construction: An Empirical Study Of The Past Decade, Pauline M. Pelletier Jan 2013

The Impact Of Local Patent Rules On Rate And Timing Of Case Resolution Relative To Claim Construction: An Empirical Study Of The Past Decade, Pauline M. Pelletier

Journal of Business & Technology Law

No abstract provided.


The Role Of Medicare In Medical Malpractice Reform, William M. Sage Jan 2006

The Role Of Medicare In Medical Malpractice Reform, William M. Sage

Journal of Health Care Law and Policy

No abstract provided.


New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright Jan 2004

New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright

Journal of Health Care Law and Policy

No abstract provided.


Conflict In Health Care Organizations, Mary Etta C. Mills Jan 2002

Conflict In Health Care Organizations, Mary Etta C. Mills

Journal of Health Care Law and Policy

No abstract provided.


Managing Conflict In An Urban Health Care Setting: What Do "Experts" Know?, Kenneth Kressel, Cheryl Ann Kennedy, Elise Lev, Louise Taylor Jan 2002

Managing Conflict In An Urban Health Care Setting: What Do "Experts" Know?, Kenneth Kressel, Cheryl Ann Kennedy, Elise Lev, Louise Taylor

Journal of Health Care Law and Policy

No abstract provided.


Mediation And Medicare Part A Provider Appeals: A Useful Alternative, Kathleen Scully-Hayes Jan 2002

Mediation And Medicare Part A Provider Appeals: A Useful Alternative, Kathleen Scully-Hayes

Journal of Health Care Law and Policy

No abstract provided.


Confidential From General Counsel To Ceo:"I'M Fed Up, And We're Not Going To Take This Anymore!", Karl A. Slaikeu, Diane W. Slaikeu Jan 2002

Confidential From General Counsel To Ceo:"I'M Fed Up, And We're Not Going To Take This Anymore!", Karl A. Slaikeu, Diane W. Slaikeu

Journal of Health Care Law and Policy

No abstract provided.


A Culture Of Conflict: Lessons From Renegotiating Health Care, Leonard J. Marcus Jan 2002

A Culture Of Conflict: Lessons From Renegotiating Health Care, Leonard J. Marcus

Journal of Health Care Law and Policy

No abstract provided.


Mediating Disputes In Managed Care: Resolving Conflicts Over Covered Services, Nancy Neveloff Dubler Jan 2002

Mediating Disputes In Managed Care: Resolving Conflicts Over Covered Services, Nancy Neveloff Dubler

Journal of Health Care Law and Policy

No abstract provided.


Health Plan Internal Consumer Dispute Resolution Practices: Highlights From A National Study, Naomi Karp, Erica Wood Jan 2002

Health Plan Internal Consumer Dispute Resolution Practices: Highlights From A National Study, Naomi Karp, Erica Wood

Journal of Health Care Law and Policy

No abstract provided.


Bargaining In The Dark: The Normative Incoherence Of Lawyer Dispute Bargaining Role, Robert J. Condlin Jan 1992

Bargaining In The Dark: The Normative Incoherence Of Lawyer Dispute Bargaining Role, Robert J. Condlin

Maryland Law Review

No abstract provided.


Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton Jan 1989

Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton

Maryland Law Review

No abstract provided.


Predispute Arbitration Agreements Between Brokers And Investors: The Extension Of Wilko To Section 10(B) Claims, Lee Applebaum Jan 1987

Predispute Arbitration Agreements Between Brokers And Investors: The Extension Of Wilko To Section 10(B) Claims, Lee Applebaum

Maryland Law Review

No abstract provided.


The Labor Arbitrator's Several Roles , Dennis R. Nolan, Roger I. Abrams Jan 1985

The Labor Arbitrator's Several Roles , Dennis R. Nolan, Roger I. Abrams

Maryland Law Review

No abstract provided.


Arbitration Of Medical Malpractice Claims: Is It Cost Effective?, Duane H. Heintz Jan 1977

Arbitration Of Medical Malpractice Claims: Is It Cost Effective?, Duane H. Heintz

Maryland Law Review

No abstract provided.


Fotochrome, Inc. V. Copal Company Limited, Theresa Lawler Jan 1976

Fotochrome, Inc. V. Copal Company Limited, Theresa Lawler

Maryland Journal of International Law

No abstract provided.


Legality Of The Maryland Public Utilities Disputes Act, Bernard J. Seff Jan 1956

Legality Of The Maryland Public Utilities Disputes Act, Bernard J. Seff

Maryland Law Review

No abstract provided.


Insurer's Liability For Failure To Settle Jan 1948

Insurer's Liability For Failure To Settle

Maryland Law Review

No abstract provided.


Arbitration Under Maryland Law, James Morfit Mullen Jan 1938

Arbitration Under Maryland Law, James Morfit Mullen

Maryland Law Review

No abstract provided.