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Full-Text Articles in Law

Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine Jun 2007

Reforming Federal Personal Injury Litigation By Incorporation Of The Procedural Innovations Of Scotland And Ireland: An Analysis And Proposal, Daniel H. Erskine

Daniel H. Erskine

Federal procedure has embraced the referral of civil cases outside the court system to alternative dispute resolution. This article argues that by utilizing courts to settle cases through civil procedure, courts realize their central role in ensuring the quality of settlements produced through the judicial administration of justice. The purpose of this article is to provide litigants an optional procedure to expeditiously resolve federal personal injury cases. The system proposed in this article incorporates Scottish and Irish civil procedural reforms into a coherent method for judicial officers to declare the settlement value of a personal injury action without referring the ...


Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay Apr 2007

Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay

Boston College Law School Faculty Papers

In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns ...


The Arbitrator's Jurisdiction To Determine Jurisdiction, William Park Mar 2007

The Arbitrator's Jurisdiction To Determine Jurisdiction, William Park

Faculty Scholarship

The disorienting effect of language finds illustration in the principle that arbitrators may rule on their own authority. Often expressed as Kompetenz-Kompetenz (literally “jurisdiction on jurisdiction”), the precept has been applied to questions such as who must arbitrate, what must be arbitrated, and which powers arbitrators may exercise. This much-vexed principle possesses a chameleon-like quality that changes color according to the national and institutional background of its application. Moreover, the basic rule that arbitrators may decide on their own jurisdiction says nothing about who (judge or arbitrator) ultimately decides a particular case. Rather, the rule states only that the question ...


A Comparative Law Analysis Of U.S. Judicial Assistance, Anna Conley Jan 2007

A Comparative Law Analysis Of U.S. Judicial Assistance, Anna Conley

Anna Conley

No abstract provided.