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Full-Text Articles in Law

Alternative Dispute Resolution And Public Confidence In The Judiciary: Chief Judge Bell's "Culture Of Conflict Resolution", Deborah Thompson Eisenberg, Rachel Wohl, Toby Treem Guerin Aug 2013

Alternative Dispute Resolution And Public Confidence In The Judiciary: Chief Judge Bell's "Culture Of Conflict Resolution", Deborah Thompson Eisenberg, Rachel Wohl, Toby Treem Guerin

Deborah Thompson Eisenberg

Chief Judge Robert M. Bell has been a visionary leader in the development of alternative dispute resolution (“ADR”). His innovations have made Maryland a model state for conflict resolution programs in the courts and, uniquely, beyond the courthouse doors in a broad range of arenas. This article provides an overview of the “culture of conflict resolution” he ignited in the judiciary and in communities.


Regulation By Amicus: The Department Of Labor's Policy Making In The Courts, Deborah Thompson Eisenberg Aug 2013

Regulation By Amicus: The Department Of Labor's Policy Making In The Courts, Deborah Thompson Eisenberg

Deborah Thompson Eisenberg

This Article examines the practice of “regulation by amicus”: that is, an agency’s attempt to mold statutory interpretation and establish policy by filing “friend of the court” briefs in private litigation. Since the United States Supreme Court recognized agency amicus interpretations as a source of controlling law entitled to deference in Auer v. Robbins, agencies have used amicus curiae briefs—in strategic and at times aggressive ways—to advance the political agenda of the President in the courts. Using the lens of the U.S. Department of Labor’s amicus activity in wage and hour cases, this Article explores the tension between the extraordinary …


Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg Aug 2013

Opening The Doors To The Local Courthouse: Maryland’S New Private Right Of Action For Employment Discrimination, Deborah Thompson Eisenberg

Deborah Thompson Eisenberg

No abstract provided.