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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
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
Recent Developments In Alternative Dispute Resolution , Lee R. Petillon
Pepperdine Law Review
No abstract provided.
Espionage: Anything Goes?, Karen Jennings
Reasoning Per Se And Horizontal Price Fixing: An Emerging Trend In Antitrust Litigation?, Joseph W. Defuria Jr.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
"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
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
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
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
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
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
American University Law Review
No abstract provided.