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Articles 1 - 15 of 15

Full-Text Articles in Law

Introduction To The Civil Procedure Puzzle, Robert Bloom Oct 2013

Introduction To The Civil Procedure Puzzle, Robert Bloom

Robert Bloom

No abstract provided.


Help Is On The Way, Gail A. Partin, Mary Ann Neary, Jennifer Murray Nov 2004

Help Is On The Way, Gail A. Partin, Mary Ann Neary, Jennifer Murray

Gail A. Partin

No abstract provided.


Advanced Judicial Opinion Writing, Gerald Lebovits Nov 2004

Advanced Judicial Opinion Writing, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Clarifying The Law On Post-Employment Covenants, E. Joan Blum Oct 2004

Clarifying The Law On Post-Employment Covenants, E. Joan Blum

E. Joan Blum

No abstract provided.


The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto Jan 2004

The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto

Jackson Nyamuya Maogoto

This Article examines the organization and operating principles of the Court. Many aspects of the Rome Statute challenge fundamental tenets of the structure of international law existing heretofore. No analysis could address all the aspects of this new international institution and the Article seeks to focus attention on some of its major features impacting on State sovereignty--the focus of this Article. Part II of the Article explores the structure and competence of the Court and in particular the powers of the prosecutor, general principles underlying the jurisdiction of the Court, the formulation of the complementarity principle in the Court’s Statute, …


What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger Jan 2004

What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger

Linda L. Berger

No abstract provided.


Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman Jan 2004

Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman

Joel Fishman

This article celebrates forty years of publication of the Duquesne Law Review.


Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman Jan 2004

Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman

Joel Fishman

Associate Justice Michael A. Musmanno of the Pennsylvania Supreme Court contributed several important dissenting opinions to constitutional questions at the end of his career which are reviewed in this article.


Introduction To The Civil Procedure Puzzle, Robert Bloom Dec 2003

Introduction To The Civil Procedure Puzzle, Robert Bloom

Robert M. Bloom

No abstract provided.


No Means No?: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew Lyon Dec 2003

No Means No?: Withdrawal Of Consent During Intercourse And The Continuing Evolution Of The Definition Of Rape, Matthew Lyon

Matthew Lyon

No abstract provided.


Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis Dec 2003

Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper examines the way in which the Cyprus educational system, primarily concentrating on the Greek-Cypriot side, reproduces discriminatory patterns via an outmoded and ethnically divided educational model, in spite of some efforts to introduce multi-cultural elements of local level. Existing literature and a number of studies and reports on immigrant and minority students illustrate the need for further research on the subject, so that a comprehensive reform of the educational system can take place to move from an ethnocentric model towards a more critically orientated humanistic education based on tolerance and understanding – a matter of urgency if Cyprus …


Better To Have Tried And Failed Than Never To Have Tried Mediation At All: Implications Of Mandatory Mediation In Fisher V. Ge Medical Systems, Adam Epstein Dec 2003

Better To Have Tried And Failed Than Never To Have Tried Mediation At All: Implications Of Mandatory Mediation In Fisher V. Ge Medical Systems, Adam Epstein

Adam Epstein

A discussion of the 2003 case, Fisher v. GE Medical Systems that helped to shape the issue of whether or not mandatory mediation clauses in employment handbooks constitute “arbitration” under the Federal Arbitration Act (FAA). Several courts in different jurisdictions have interpreted arbitration and mediation as the same, especially in circumstances involving the Fair Labor Standards Act (FLSA).


Bankruptcy And Sport Management, Adam Epstein Dec 2003

Bankruptcy And Sport Management, Adam Epstein

Adam Epstein

A discussion of the relationship between bankruptcy law and sport studies including sports management and sports law. A history of bankruptcy laws is presented, including relevancy between today and its ancient Roman roots. A list of teams and individuals (through 2003) who have filed for bankruptcy provides a springboard for further research. The differences between Chapter 7, Chapter 11 and Chapter 13 bankruptcy is presented in the context of sport. Particular emphasis is given to the bankruptcy filings by Cannondale bicycle manufacturer and sports agent David Dunn.


Employer's Exclusive Control Over Selection Of Arbitrators Held Invalid, Adam Epstein Dec 2003

Employer's Exclusive Control Over Selection Of Arbitrators Held Invalid, Adam Epstein

Adam Epstein

Discussion of the 2003 Sixth Circuit Court of Appeals case McMullen v. Meijer, Inc. While alternative forms of dispute resolution such as arbitration and mediation are now commonplace and are effectively utilized to avoid litigation and resolve disputes between employers and employees, the procedure in the arbitration process must be fair. Upon the hire, employers often provide their employees with an employment handbook that specifically discusses procedures involving termination. Often the employee handbook, if one exists, is viewed as a contract and is often a first step in determining the proper method of dispute resolution and procedure. In this case, …


Body Blow: Boxer Chases Ambulance And Wins Judgment, Adam Epstein Dec 2003

Body Blow: Boxer Chases Ambulance And Wins Judgment, Adam Epstein

Adam Epstein

Case analysis and discussion of Maldonado v. Gateway Hotel Holdings, L.L.C., 2003 Mo. App. LEXIS 1577, in which the Missouri appellate court upheld a trial court decision as a professional boxer was awarded $13.7 million in compensatory damages for a hotel's failure to provide an ambulance on site after the match was over even though it had subcontracted responsibility for the event with a promoter.