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- Alejandro Faya Rodriguez (19)
- ExpressO (2)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (2)
- Journal Articles (2)
- Journal of Dispute Resolution (2)
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- Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25) (2)
- Articles (1)
- Brooklyn Journal of Corporate, Financial & Commercial Law (1)
- Catherine Rogers (1)
- Faculty Scholarship (1)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (1)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (1)
- John Lande (1)
- Publications (1)
- Scholarly Works (1)
- St. John's Law Review (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (1)
- University of Michigan Journal of Law Reform (1)
- Vanderbilt Law Review (1)
- Vanderbilt Law School Faculty Publications (1)
- Victoria Shannon Sahani (1)
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Articles 1 - 30 of 45
Full-Text Articles in Law
Confidential Settlements For Professional Malpractice, Sande L. Buhai
Confidential Settlements For Professional Malpractice, Sande L. Buhai
St. John's Law Review
(Excerpt)
A lawyer representing a plaintiff in a professional malpractice case advises her client not to file a complaint with the state regulatory body—the state bar, the medical board, or some other pertinent body—until later. The lawyer explains that she can offer to settle the case more favorably, more quickly, and at lower cost if they promise that, as part of the settlement, defendant’s malfeasance will never be reported to the state regulatory body responsible for ensuring professional competence in the area. This tactic may allow the client to negotiate a larger settlement because the defendant should be willing to …
Lawyers Without Borders, Catherine A. Rogers
Lawyers Without Borders, Catherine A. Rogers
Catherine Rogers
Professional regulation of attorneys is still attempting to catch up with the burgeoning international legal profession, which until recently has been wholly unregulated. The primary effort has been through revisions to Model Rule 8.5 to extend the reach of the Rule to international cases and professional activities in foreign countries. Because Rule 8.5 was drafted for domestic multi-jurisdiction practice, however, it is based on assumptions about territoriality and the historical relationship between the jurisdiction of tribunals and the licensing of attorneys that are simply inapposite in international settings. As a result, applying Rule 8.5 to international tribunals and international advocacy …
The Challenge Of Fiduciary Regulation: The Investment Advisors Act After Seventy-Five Years, Roberta S. Karmel
The Challenge Of Fiduciary Regulation: The Investment Advisors Act After Seventy-Five Years, Roberta S. Karmel
Brooklyn Journal of Corporate, Financial & Commercial Law
Seventy-five years after its enactment the Investment Advisers Act of 1940 has advanced from a relatively weak statute merely registering advisers with the Securities and Exchange Commission (SEC) to a more robust law imposing fiduciary responsibilities on advisers. Over the years, the number of investment advisers and the number of their clients have increased greatly. The SEC therefore has been pressured by Congress to develop a harmonized fiduciary standard for broker-dealers and advisers and also to develop and enforce a greater degree of oversight over the advisory industry. These developments have raised the questions of how to fund such efforts …
Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani
Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani
Faculty Scholarship
Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a “wild west” due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …
Harmonizing Third-Party Litigation Funding Regulation, Victoria A. Shannon
Harmonizing Third-Party Litigation Funding Regulation, Victoria A. Shannon
Victoria Shannon Sahani
Pricing Lives For Corporate And Governmental Risk Decisions, W. Kip Viscusi
Pricing Lives For Corporate And Governmental Risk Decisions, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The 2014 GM ignition-switch recall highlighted the inadequacies of the company's safety culture and the shortcomings of regulatory sanctions. The company's inattention to systematic thinking about product safety can be traced to the hostile treatment of corporate risk analyses by the courts. This Article proposes that companies should place a greater value on lives at risk than they have in previous risk analyses and that they should receive legal protections for product risk analyses. Companies' valuations of fatality risks and regulatory penalties have priced lives too low. The guidance provided by the value of a statistical life, which is currently …
Arbitration And The Contract Exchange, Andrew A. Schwartz
Arbitration And The Contract Exchange, Andrew A. Schwartz
Publications
A contract exchange, defined as an organized marketplace for the creation or trading of specific contracts, provides benefits to its members as well as the public at large. But legal disputes can arise on contract exchanges, just as they do anywhere else, and those disputes can be litigated, mediated, arbitrated, or resolved in some other way. This Essay claims that arbitration, rather than litigation, is a particularly useful and appropriate means for resolving exchange-related disputes, and that this is true not only for traditional contract exchanges, like the Chicago Board of Trade, but also for online "consumer contract exchanges," such …
When Regulations And Arbitration Awards Collide: Potential Difficulties For Arbitrators And Parties: Bangor Gas Co., Llc V. H.Q. Energy Serv. U.S. Inc., Greg Mitchell
Journal of Dispute Resolution
Many commercial transactions are complex. The increasing presence of both arbitration and administrative regulations are part of what creates this complexity. It is thus possible that parties to a commercial transaction will find themselves in arbitration over a dispute involving regulations. This note will explore the potential difficulties parties and arbitrators face when arbitration awards and regulations collide. The difficulties for parties include grounds for vacatur that are either nonexistent or hard to meet, and potentially being forced to choose between violating a regulation or not complying with the award. Additionally, arbitrators face difficulties in fashioning awards that comply with …
Nuevo Sistema De Amparo, Alejandro Faya Rodriguez
Nuevo Sistema De Amparo, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Reguladores Y Autonomía, Alejandro Faya Rodriguez
Reguladores Y Autonomía, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Artículo 129 Fracción Xiii, Alejandro Faya Rodriguez
Artículo 129 Fracción Xiii, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Incentivos Y Más Incentivos, Alejandro Faya Rodriguez
Incentivos Y Más Incentivos, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Hacer (Bien) Las Reformas, Alejandro Faya Rodriguez
Hacer (Bien) Las Reformas, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Protocolo De Madrid, Alejandro Faya Rodriguez
Protocolo De Madrid, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Expropiaciones, Alejandro Faya Rodriguez
Expropiaciones, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
La Suprema Corte Y La Cofetel, Alejandro Faya Rodriguez
La Suprema Corte Y La Cofetel, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
The Limits Of Procedural Private Ordering, Jaime L. Dodge
The Limits Of Procedural Private Ordering, Jaime L. Dodge
Scholarly Works
Civil procedure is traditionally conceived of as a body of publicly-set rules, with limited carve-outs – most commonly, forum selection and choice of law provisions. I argue that these terms are mere instantiations of a broader, unified phenomenon of procedural private ordering, in which civil procedure is no longer irrevocably defined by law, but instead is a mere default that can be waived or modified by contract. Parties are no longer merely selecting between publicly-created procedural regimes but customizing the rules of procedure to be applied by the court – from statutes of limitations, discovery obligations and the admissibility of …
Arreglos Institucionales De Los Órganos De Mejora Regulatoria: Una Propuesta De Reforma Para La Cofemer, Alejandro Faya Rodriguez
Arreglos Institucionales De Los Órganos De Mejora Regulatoria: Una Propuesta De Reforma Para La Cofemer, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Iniciativa Anticorrupción, ¿Paso Firme?, Alejandro Faya Rodriguez
Iniciativa Anticorrupción, ¿Paso Firme?, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Diseño Institucional De Órganos Reguladores En México, Alejandro Faya Rodriguez
Diseño Institucional De Órganos Reguladores En México, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Organos Reguladores En México: Fragilidades Y Áreas De Oportunidad, Alejandro Faya Rodriguez
Organos Reguladores En México: Fragilidades Y Áreas De Oportunidad, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Inversión Extranjera En Paquetería, Mensajería Y Transporte De Carga: ¿Resistencia O Estado De Derecho?, Alejandro Faya Rodriguez
Inversión Extranjera En Paquetería, Mensajería Y Transporte De Carga: ¿Resistencia O Estado De Derecho?, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Fortalecer A Los Reguladores: Cambiando Las Reglas Del Juego En México (Presentación Libro), Alejandro Faya Rodriguez
Fortalecer A Los Reguladores: Cambiando Las Reglas Del Juego En México (Presentación Libro), Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Fortalecer A Los Reguladores, Cambiando Las Reglas Del Juego En México, Alejandro Faya Rodriguez
Fortalecer A Los Reguladores, Cambiando Las Reglas Del Juego En México, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Problemas Con La Desregulación "Base Cero", Boletín De La Red Mexicana De Competencia Y Regulación Del Cidac, Alejandro Faya Rodriguez
Problemas Con La Desregulación "Base Cero", Boletín De La Red Mexicana De Competencia Y Regulación Del Cidac, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Lawyers Without Borders, Catherine A. Rogers
Lawyers Without Borders, Catherine A. Rogers
Journal Articles
Professional regulation of attorneys is still attempting to catch up with the burgeoning international legal profession, which until recently has been wholly unregulated. The primary effort has been through revisions to Model Rule 8.5 to extend the reach of the Rule to international cases and professional activities in foreign countries. Because Rule 8.5 was drafted for domestic multi-jurisdiction practice, however, it is based on assumptions about territoriality and the historical relationship between the jurisdiction of tribunals and the licensing of attorneys that are simply inapposite in international settings. As a result, applying Rule 8.5 to international tribunals and international advocacy …
Lawyers Without Borders, Catherine A. Rogers
Lawyers Without Borders, Catherine A. Rogers
Journal Articles
Professional regulation of attorneys is still attempting to catch up with the burgeoning international legal profession, which until recently has been wholly unregulated. The primary effort has been through revisions to Model Rule 8.5 to extend the reach of the Rule to international cases and professional activities in foreign countries. Because Rule 8.5 was drafted for domestic multi-jurisdiction practice, however, it is based on assumptions about territoriality and the historical relationship between the jurisdiction of tribunals and the licensing of attorneys that are simply inapposite in international settings. As a result, applying Rule 8.5 to international tribunals and international advocacy …
From Court-Surrogate To Regulatory Tool: Re-Framing The Empirical Study Of Employment Arbitration, W. Mark C. Weidemaier
From Court-Surrogate To Regulatory Tool: Re-Framing The Empirical Study Of Employment Arbitration, W. Mark C. Weidemaier
University of Michigan Journal of Law Reform
A growing body of empirical research explores the use of arbitration to resolve employment disputes, typically by comparing arbitration to litigation using relatively traditional outcome measures: who wins, how much, and how quickly. On the whole, this research suggests that employees fare reasonably well in arbitration. Yet there remain sizeable gaps in our knowledge. This Article explores these gaps with two goals in mind. The first and narrower goal is to explain why it remains exceedingly difficult to assess the relative fairness of arbitration and litigation. The outcome research does not account for a variety of 'filtering" mechanisms that influence …
Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman
Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Sharon Friedman, Director of Planning, USDA Forest Service, Rocky Mountain Region
13 slides
Principles For Policymaking About Collaborative Law And Other Adr Processes, John Lande
Principles For Policymaking About Collaborative Law And Other Adr Processes, John Lande
John Lande
This Article articulates a set of principles for policymaking about “alternative dispute resolution” (ADR) to promote values of process pluralism, choice in dispute resolution processes, and sound decisionmaking. It argues that policymakers should use a dispute system design (DSD) framework in analyzing policy options. DSD involves systematically managing a series of disputes rather than handling individual disputes on an ad hoc basis. It generally includes assessing the needs of disputants and other stakeholders, planning to address those needs, providing necessary training and education for disputants and dispute resolution professionals, implementing the system, evaluating it, and making periodic modifications as needed. …