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Articles 1 - 8 of 8
Full-Text Articles in Law
Using Decision Trees As Tools For Settlement, Marjorie Corman Aaron
Using Decision Trees As Tools For Settlement, Marjorie Corman Aaron
Faculty Articles and Other Publications
While experienced lawyers can some times develop an intuitive sense of what a case is worth, their intuition may not be sufficient in a case of considerable complexity. Furthermore, intuitive "gut sense" valuations are hard to support or explain to clients.
Decision trees allow the parties and their lawyers to see more clearly how the strengths and weaknesses of their positions on specific issues will affect the overall value of a case. Long popular in the business community, decision analysis has evolved as a tool for lawyers to help make decisions in complex litigation.
Adr Toolbox: The Highwire Art Of Evaluation, Marjorie Corman Aaron
Adr Toolbox: The Highwire Art Of Evaluation, Marjorie Corman Aaron
Faculty Articles and Other Publications
Many mediators are uncomfortable with the idea of discussing or presenting evaluations. However, when parties reach an impasse, they often want the mediator to play an active role. In these cases, responsible use of evaluation is completely consistent with the goals of mediation. Mediators should provide an evaluation only if there is an insurmountable settlement gap that arises from the parties’ widely divergent views of what will happen if the case doesn’t settle. Evaluation is not a substitute for other essential mediation tools. It is a last step, but in many cases skipping that step means missing the sole opportunity …
Protecting The Environment For Future Generations: A Proposal For A Republican Superagency, Bradford Mank
Protecting The Environment For Future Generations: A Proposal For A Republican Superagency, Bradford Mank
Faculty Articles and Other Publications
Part I of this Article introduces the principle that the present generation owes duties to future generations. Part II argues that current environmental laws fail future generations. Part III argues that neither Congress nor the executive branch can protect future generations from environmental harms due to short-term political pressures. Part IV evaluates the current capabilities of agencies to plan for long-term environmental problems. Part V evaluates whether agencies may be capable of better long-term planning by creating a dialogue with the public. Part VI proposes a Superagency to protect the environmental interests of future generations. The Superagency would be independent …
Federal Courts And World Civil Society, Gordon A. Christenson
Federal Courts And World Civil Society, Gordon A. Christenson
Faculty Articles and Other Publications
This article proposes that in all international civil litigation federal judges should use international and foreign law pragmatically as an aid to decisions which further the substantive values of "world civil society." These values are similar to those of civil society in a federal republic with an elaborate bill of rights - to preserve voluntary associations of human dignity and enterprise whose spirit transcends the public order of sovereign states.
Running The Gauntlet No More - Using Title Ix To End Student-To-Student Sexual Harassment, Verna L. Williams
Running The Gauntlet No More - Using Title Ix To End Student-To-Student Sexual Harassment, Verna L. Williams
Faculty Articles and Other Publications
Reports on the decision of the United States Supreme Court in Davis v. Monroe Board of Education which dealt with student-on-student sexual harassment.
When A Kiss Isn't Just A Kiss: Title Ix And Student-To-Student Harassment, Verna L. Williams
When A Kiss Isn't Just A Kiss: Title Ix And Student-To-Student Harassment, Verna L. Williams
Faculty Articles and Other Publications
This article discusses peer hostile environment sexual harassment. It examines the circuit court caselaw on the issue and the legislative history of Title IX, provides an overview of the Supreme Court precedent interpreting Title IX, outlines the Department of Education’s interpretation of Title IX’s requirements concerning peer hostile environment sexual harassment, and discusses analogous legal principles underlying the analysis of student-to-student hostile environment sexual harassment.
Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford Mank
Faculty Articles and Other Publications
This Article provides both anecdotal evidence and a more theoretical argument for why textualist statutory interpretation is not the best approach to address environmental. issues.
Richard Bonnot Lillich. In Remembrance Of A Civilized Scholar, Gordon A. Christenson
Richard Bonnot Lillich. In Remembrance Of A Civilized Scholar, Gordon A. Christenson
Faculty Articles and Other Publications
Tribute to international scholar, Richard Bonnot Lillich.