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Articles 91 - 102 of 102
Full-Text Articles in Law
Exemplary Awards In Securities Arbitration: Short-Circuited Rights To Punitive Damages - Mastrobuono V. Shearson Lehman Hutton, Inc., Isham R. Jones Iii
Exemplary Awards In Securities Arbitration: Short-Circuited Rights To Punitive Damages - Mastrobuono V. Shearson Lehman Hutton, Inc., Isham R. Jones Iii
Journal of Dispute Resolution
Despite some residual image problems, arbitration is far from a modem day phenomenon.2 Aristotle himself was a fan of arbitration, "for the arbitrator keeps equity in view, whereas the judge looks only to the law."3 However, inconsistency among federal courts regarding the award of punitive damages by arbitrators has only furthered the image problem.4 Discord among courts arises when parties sign a contract agreeing to be bound by the law of a state which prohibits arbitral awards of punitive damages along with contract language which seems to express intent to allow punitive damages.5 Under the Federal Arbitration Act ("FAA"), federal …
Enforcing Arbitration With A Nonsignatory: Equitable Estoppel And Defense Piercing Of The Corporate Veil - Sunkist Soft Drinks, Inc. V. Sunkist Growers, Inc., Scott M. Mckinnis
Enforcing Arbitration With A Nonsignatory: Equitable Estoppel And Defense Piercing Of The Corporate Veil - Sunkist Soft Drinks, Inc. V. Sunkist Growers, Inc., Scott M. Mckinnis
Journal of Dispute Resolution
Since Congress enacted the Federal Arbitration Act,2 courts have liberally enforced a strong national policy favoring arbitration of commercial disputes In furtherance of this goal, courts have refused to stay arbitration proceedings simply because they may involve parties who are nonsignatories to an arbitration agreement.4 Courts have accomplished this objective through the doctrine of equitable estoppel; Sunkist exemplifies that trend. However, Sunkist also represents a corporate scenario in which the emerging legal theory of "defensive piercing"' could be established as another avenue from which to compel commercial arbitration.
Anonymous Campaign Literature And The First Amendment, Erika Lietzan
Anonymous Campaign Literature And The First Amendment, Erika Lietzan
Faculty Publications
Presently, forty-eight states and the District of Columbia have statutes that require the disclosure of some party's identity (for example, an author or a sponsor) on political literature pertaining to elections. The most common explanations given for these statutes are that they deter fraud and libel in the election arena and that they provide valuable information to the voters. Because these statutes regulate core political speech, however, they necessarily implicate the First Amendment to the United States Constitution. Although campaign disclosure laws have been both struck down and sustained by state courts reviewing appealed convictions, the decisions have been disappointingly …
War On The Common Law: The Struggle At The Center Of Products Liability, Carl T. Bogus
War On The Common Law: The Struggle At The Center Of Products Liability, Carl T. Bogus
Missouri Law Review
Over its first two decades, products liability evolved from a system concerned only with manufacturing defects, e.g., MacPherson's Buick into one concerned also with design defects, e.g., the Ford Pinto, which was designed in a fashion that made the gas tank susceptible to exploding in minor collisions. Part I of this Article deals with the two paradigms that lie at the center of the struggle. Part II of the Article is devoted to generic liability. Part III discusses important jurisprudential questions raised by the debate, namely: What are the respective roles of the courts, the legislature, and administrative agencies?
After-Acquired Evidence: Tonic For An Employer's Cognitive Dissonance, Kenneth A. Sprang
After-Acquired Evidence: Tonic For An Employer's Cognitive Dissonance, Kenneth A. Sprang
Missouri Law Review
During the last thirty years, there have been dramatic changes in the law governing job security of employees in the workplace, particularly with regard to employment discrimination. Federal law now protects employees from workplace discrimination based upon sex," race, religion, color, national origin," age, and handicap or disability. The latest in the arsenal of defense weapons developed by employers is the "after-acquired evidence doctrine." This affirmative defense, which was first announced by the Tenth Circuit in 1988, allows an employer who has acted adversely toward an employee for an unlawful discriminatory reason to avoid liability as a matter of law, …
Substantive And Procedural Due Process For Unaccompanied Alien Juveniles, Gail Quick Goeke
Substantive And Procedural Due Process For Unaccompanied Alien Juveniles, Gail Quick Goeke
Missouri Law Review
Approximately seventy percent of the juveniles arrested for violation of immigration laws are unaccompanied by their parents or guardians. Many are refugees from Central America, sent ahead of their parents for safety reasons, or separated from their families during flight Prior to 1984, the Immigration and Naturalization Service ("INS") allowed release of these unaccompanied children to another responsible adult on the assurance that the adult would bring the child to court when required. In 1984, the Western Regional Office of the INS adopted the policy that minors in deportation proceedings would only be released to a parent or lawful guardian, …
Civil Rico, Protesters, And The First Amendment: A Constitutional Combination, Timothy S. Millman
Civil Rico, Protesters, And The First Amendment: A Constitutional Combination, Timothy S. Millman
Missouri Law Review
The Racketeer Influenced and Corrupt Organizations Act ("RICO") provides for both government causes of action and a private cause of action. The private cause of action is usually referred to as civil RICO In recent years, abortion clinics and other groups have used civil RICO in suits against violent protesters. The circuits had disagreed, however, on whether RICO requires the defendant to be economically motivated. The circuits had disagreed, however, on whether RICO. Therefore, abortion clinics and other potential plaintiffs were uncertain whether civil RICO was a viable option in suits against politically or religiously motivated protesters. Although the Court …