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2013

Litigation

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Articles 61 - 90 of 112

Full-Text Articles in Law

California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt, Emery J. Mishky, Robert Tessier, Patrick G. Vastano Jan 2013

California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt, Emery J. Mishky, Robert Tessier, Patrick G. Vastano

Pepperdine Law Review

No abstract provided.


Recent Developments In Alternative Dispute Resolution , Lee R. Petillon Jan 2013

Recent Developments In Alternative Dispute Resolution , Lee R. Petillon

Pepperdine Law Review

No abstract provided.


Espionage: Anything Goes?, Karen Jennings Jan 2013

Espionage: Anything Goes?, Karen Jennings

Pepperdine Law Review

No abstract provided.


Reasoning Per Se And Horizontal Price Fixing: An Emerging Trend In Antitrust Litigation?, Joseph W. Defuria Jr. Jan 2013

Reasoning Per Se And Horizontal Price Fixing: An Emerging Trend In Antitrust Litigation?, Joseph W. Defuria Jr.

Pepperdine Law Review

No abstract provided.


The Mandatory Summary Jury Trial In Federal Court: Foundationally Flawed, Nina Jill Spiegel Jan 2013

The Mandatory Summary Jury Trial In Federal Court: Foundationally Flawed, Nina Jill Spiegel

Pepperdine Law Review

No abstract provided.


Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone Jan 2013

Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone

Pepperdine Law Review

No abstract provided.


The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield Jan 2013

The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield

Pepperdine Law Review

No abstract provided.


Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation, John L. Barkai, Gene Kassebaum Jan 2013

Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation, John L. Barkai, Gene Kassebaum

Pepperdine Law Review

No abstract provided.


Mediation - A Preferred Method Of Dispute Resolution, Kenneth R. Feinberg Jan 2013

Mediation - A Preferred Method Of Dispute Resolution, Kenneth R. Feinberg

Pepperdine Law Review

No abstract provided.


Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze Jan 2013

Thompson V. Thompson: The Jurisdictional Dilemma Of Child Custody Cases Under The Parental Kidnapping Prevention Act , Steven M. Schuetze

Pepperdine Law Review

No abstract provided.


The Unwed Father's Custody Claim In California: When Does The Parental Preference Doctrine Apply?, Jeffrey S. Boyd Jan 2013

The Unwed Father's Custody Claim In California: When Does The Parental Preference Doctrine Apply?, Jeffrey S. Boyd

Pepperdine Law Review

No abstract provided.


Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley Jan 2013

Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie Jan 2013

One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie

Pepperdine Law Review

No abstract provided.


Promises Made To Be Broken? Standstill Agreements In Change Of Control Transactions, Christina M. Sautter Jan 2013

Promises Made To Be Broken? Standstill Agreements In Change Of Control Transactions, Christina M. Sautter

Journal Articles

Many promises are made in the negotiation of a merger but not all promises are necessarily enforceable or consistent with a board of directors’ fiduciary duties. This article explores the enforceability of one such promise: the buyer’s standstill agreement. When a publicly traded company explores a sale, that company, the target, customarily requires each potential buyer to execute a standstill agreement. A typical standstill prevents potential buyers from publicly making or announcing a bid for the target during the sale process without the target’s prior consent and for a period of approximately twelve to eighteen months from the conclusion of …


Testing The Limits Of Trade Law Rationality: The Gpx Case And Subsidies In Non-Market Economies, Elliot J. Feldman, John J. Burke Jan 2013

Testing The Limits Of Trade Law Rationality: The Gpx Case And Subsidies In Non-Market Economies, Elliot J. Feldman, John J. Burke

American University Law Review

No abstract provided.


Identity Crisis: Seeking A Unified Approach To Plaintiff Standing For Data Security Breaches Of Sensitive Personal Information, Miles L. Galbraith Jan 2013

Identity Crisis: Seeking A Unified Approach To Plaintiff Standing For Data Security Breaches Of Sensitive Personal Information, Miles L. Galbraith

American University Law Review

No abstract provided.


Ftc V. Labmd: Ftc Jurisdiction Over Information Privacy Is Plausible, But How Far Can It Go, Peter S. Frechette Jan 2013

Ftc V. Labmd: Ftc Jurisdiction Over Information Privacy Is Plausible, But How Far Can It Go, Peter S. Frechette

American University Law Review

No abstract provided.


Governing From The Pulpit: How The First Circuit In Aclu Of Massachusetts V. U.S. Conference Of Catholic Bishops Failed To Prevent A Government Agency From Unconstitutionally Contracting Its Duties To A Religious Institution, Anna M. Lashley Jan 2013

Governing From The Pulpit: How The First Circuit In Aclu Of Massachusetts V. U.S. Conference Of Catholic Bishops Failed To Prevent A Government Agency From Unconstitutionally Contracting Its Duties To A Religious Institution, Anna M. Lashley

American University Law Review

No abstract provided.


Lost Options For Mutual Gain? The Layperson, The Lawyer, And Dispute Resolution In Early America, Carli N. Conklin Jan 2013

Lost Options For Mutual Gain? The Layperson, The Lawyer, And Dispute Resolution In Early America, Carli N. Conklin

Faculty Publications

In 1786, legal reform activist Benjamin Austin undertook a campaign to promote the use of arbitration over litigation as the primary method of dispute resolution in Massachusetts. Although supported by a groundswell of anti-lawyer sentiment, Austin ultimately failed in securing the triumph of arbitration. Exploring Austin's pamphlet campaign in its historical context not only provides us with a snapshot of the arguments for and against dispute resolution in early America, but also serves as a corrective to the prevailing accounts of arbitration in American legal history. This article explores the context and content of Austin's pamphlet campaign and its implications …


Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman Jan 2013

Spatial Dynamics Of U.S. Cultural Resource Law, Robert Z. Selden Jr., C. Britt Bousman

CRHR: Archaeology

The American Antiquities Act, Historic Sites Act, Archeological and Historic Preservation Act, National Historic Preservation Act, American Indian Religious Freedom Act, Archeological Resources Protection Act, Abandoned Shipwreck Act, and the Native American Graves Protection and Repatriation Act comprise the basis of our exploration of cultural resource legislation in the United States. Since the passage of the American Antiquities Act in 1906, 1086 cases have challenged these statutes in U.S. courts. We investigate temporal and regional patterns of the case law to establish whether these laws are uniformly prosecuted throughout the U.S. Our findings suggest that case law is complex and …


Understanding The Establishment Clause: A Revisit, Robert A. Sedler Jan 2013

Understanding The Establishment Clause: A Revisit, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Case Of Interest Regarding The United States Supreme Court Upholding A Contractual Waiver Of Class Arbitration, William P. Huttenbach Jan 2013

Case Of Interest Regarding The United States Supreme Court Upholding A Contractual Waiver Of Class Arbitration, William P. Huttenbach

William P. Huttenbach

Recent case you might find of interest regarding the United States Supreme Court upholding a contractual waiver of class arbitration. This case involves merchants filing a class action antitrust suit against American Express. See American Express Co. v. Italian Colors Restaurant, 133 S.Ct. 2304 (2013). Respondents are merchants who accepted American Express cards. The contract between parties contained a clause that required all disputes between said parties to be resolved by arbitration and that no claims could be arbitrated on a class action basis. Respondents brought a class action suit against Petitioners for violation of the federal antitrust laws due …


Trials And Tribulations, Curtis E.A. Karnow Jan 2013

Trials And Tribulations, Curtis E.A. Karnow

Curtis E.A. Karnow

A collection of practical tips and advice for litigators new to the bar, and for more experienced lawyers wishing to improve the odds of a receptive judge and jury. The advice applies to oral advocacy, trial, trial preparation, and other issues concerning presentation such as interacting with the jury and witnesses, courtroom staff, motions (including in limine motions), handling evidence, simulation and animations. This is the stuff they don’t teach in law school. (Presentation, Bar Assn. Of San Francisco & Barrister's Club, June 2013)


"When Numbers Get Serious:" A Study Of Plain English Usage In Briefs Filed Before The New York Court Of Appeals, Ian Gallacher Jan 2013

"When Numbers Get Serious:" A Study Of Plain English Usage In Briefs Filed Before The New York Court Of Appeals, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.


2012 International Trade Law Decisions Of The Federal Circuit, John R. Magnus, Sheridan S. Mckinney Jan 2013

2012 International Trade Law Decisions Of The Federal Circuit, John R. Magnus, Sheridan S. Mckinney

American University Law Review

No abstract provided.


2012 Patent Law Decisions Of The Federal Circuit, Robert J. Smyth, David P. Bernstein, Adam D. Brooke, Rudolph Fink Iv, Nicholas J. Kim, Janice H. Lee Jan 2013

2012 Patent Law Decisions Of The Federal Circuit, Robert J. Smyth, David P. Bernstein, Adam D. Brooke, Rudolph Fink Iv, Nicholas J. Kim, Janice H. Lee

American University Law Review

No abstract provided.


Grassroots Gay Rights: Legal Advocacy At The Local Level, Lydia E. Lavelle Jan 2013

Grassroots Gay Rights: Legal Advocacy At The Local Level, Lydia E. Lavelle

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Surrogate Mothers: An Exploration Of The Empirical And The Normative, Lina Peng Jan 2013

Surrogate Mothers: An Exploration Of The Empirical And The Normative, Lina Peng

American University Journal of Gender, Social Policy & the Law

No abstract provided.


How Many Is Any: Interpreting Sec. 2252a'S Unit Of Prosecution For Child Pornography Possession, Christina M. Copsey Jan 2013

How Many Is Any: Interpreting Sec. 2252a'S Unit Of Prosecution For Child Pornography Possession, Christina M. Copsey

American University Law Review

No abstract provided.


Going For Gold: The Meaning Of Commercial Activity In The Foreign Sovereign Immunities Act In The Race For Buried Treasure In Sunken Shipwreck, Zhen Song Jan 2013

Going For Gold: The Meaning Of Commercial Activity In The Foreign Sovereign Immunities Act In The Race For Buried Treasure In Sunken Shipwreck, Zhen Song

American University Law Review

No abstract provided.