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University of Missouri School of Law

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Articles 5101 - 5130 of 7283

Full-Text Articles in Law

Introduction, Leonard L. Riskin Jan 1984

Introduction, Leonard L. Riskin

Journal of Dispute Resolution

No abstract provided.

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Guideposts For An Institutional Framework Of Consensual Dispute Processing, John S. Murray Jan 1984

Guideposts For An Institutional Framework Of Consensual Dispute Processing, John S. Murray

Journal of Dispute Resolution

The purpose of this Article is to outline a set of characteristics which can serve as initial guideposts for the eventual development of a framework for a comprehensive institution to assist disputing parties in more effectively resolving their conflicts. Consensual dispute processing appears to be at the point in its growth where it needs to be liberated from its present "alternatives" status and allowed to mature as a separate, full-fledged institution.

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Preface By The Dean, Dale A. Whitman Jan 1984

Preface By The Dean, Dale A. Whitman

Faculty Publications

It will no surprise to readers of this Journal that in recent years there has been an enormous increase of interest by lawyers in non-litigous methods of resolving disputes. We have seen a vast proliferation of newsletters, magazines, bar association committees, and other organs.

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Arthur L. Corbin: His Kansas Connection, Robert H. Jerry Ii Jan 1984

Arthur L. Corbin: His Kansas Connection, Robert H. Jerry Ii

Faculty Publications

When a farm-born Kansan becomes one of the great teachers, authors, and scholars in the history of Anglo-American law, the story of his Kansas connection is worth noting in a law review published in his native state. This is the story of Arthur L. Corbin's early years and of his life-long fondness for the university where his quest for excellence began.

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Antitrust Suits By Discharged Employees, James A. Montee Jan 1984

Antitrust Suits By Discharged Employees, James A. Montee

Missouri Law Review

No abstract provided.

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New Settlement Statute: Its History And Effect, David A. Fischer Jan 1984

New Settlement Statute: Its History And Effect, David A. Fischer

Faculty Publications

The statute concerning releases in multiple tortfeasor cases was amended to encourage settlements in two ways. It protects the settling tortfeasor from future liability for contribution, and it protects the settling claimant from having future judgments against non-settling tortfeasors reduced by more than an amount ascertainable at the time of the settlement. This article discusses the operation of the new statute and its relation to the law of contribution, indemnity, and comparative fault in Missouri.

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Separate Cause Of Action For Contribution Among Joint Tortfeasors, A, Gretchen H. Myers Jan 1984

Separate Cause Of Action For Contribution Among Joint Tortfeasors, A, Gretchen H. Myers

Missouri Law Review

No abstract provided.

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Rhetoric And Reality In The Dispute Settlement Movement, Frederick E. Snyder Jan 1984

Rhetoric And Reality In The Dispute Settlement Movement, Frederick E. Snyder

Journal of Dispute Resolution

Efforts to demystify and simplify the way disputes are settled in American society seem to have congealed into a nationwide movement within less than a decade: neighborhood justice centers, arbitration, divorce mediation, no-fault auto insurance, do-it-yourself probate, "plain English" land and rental agreements, government ombudsmen, consumer hot lines, community mediation of minor criminal cases. A growth industry, if there ever was one

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Rethinking Equal Protection, Larry M. Schumaker Jan 1984

Rethinking Equal Protection, Larry M. Schumaker

Missouri Law Review

No abstract provided.

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Title Page Jan 1984

Title Page

Journal of Dispute Resolution

No abstract provided.

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Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith Jan 1984

Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith

Journal of Dispute Resolution

In the early nineteenth century Alexis de Tocqueville predicted that the law would become a secular religion in the United States, and that every important political question would be turned into a matter for law and litigation.' History once again has proven de Tocqueville's remarkable prescience. Over the past two decades, there has been a staggering increase in litigation.2 Americans now are filing more lawsuits than ever before, and are litigating a wide variety of disputes that previously had been resolved through other means.

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Preface By The Dean, Dale A. Whitman Jan 1984

Preface By The Dean, Dale A. Whitman

Journal of Dispute Resolution

No abstract provided.

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Arbitral Decisions: A Social Science Analog, John E. Drotning, Bruce Fortado Jan 1984

Arbitral Decisions: A Social Science Analog, John E. Drotning, Bruce Fortado

Journal of Dispute Resolution

This paper develops the idea that arbitral decision making has an analog in social science research.1 It asserts that the hypothesis testing procedure in social sciences is directly analogous to the arbitral process. The research format of an economist, sociologist, or psychologist might be as follows: 1. Generate the null (H.) and alternate (H) hypotheses to be tested. 2. Collect reliable and valid data relative to the hypothesis. 3. Evaluate and analyze this data by subjecting it to statistical tests. 4. Arrive at conclusions by accepting or rejecting the null hypothesis after statistical testing. 5. Explain and discuss findings

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Training Lawyers To Be More Effective Dispute Preventers And Dispute Settlers: Advocating For Non-Adversarial Skills, Paul L. Tractenberg Jan 1984

Training Lawyers To Be More Effective Dispute Preventers And Dispute Settlers: Advocating For Non-Adversarial Skills, Paul L. Tractenberg

Journal of Dispute Resolution

After briefly recounting some milestones in the history of legal education, and especially efforts to train lawyers in non-Langdellian techniques, I will explore re-orientation of lawyer training, first globally and then more specifically. Most of the ideas in this article are not new. Many of them date back 50 years and more. Articles by Llewellyn and Frank in the 1920's and 1930's could be reprinted with modest changes and seem totally relevant. 3 This in itself bears serious pondering. We do have the advantage of some relatively recent studies which, in the main, tend to support Llewellyn's and Frank's intuitions. …

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Federal Preemption Of Arbitration - Southland Corp. V. Keating, Ronald A. Conway Jan 1984

Federal Preemption Of Arbitration - Southland Corp. V. Keating, Ronald A. Conway

Journal of Dispute Resolution

Arbitration agreements have traditionally been viewed with disfavor.2 Many states have refused to enforce arbitration clauses to the same extent as other agreements, either under the common law or by statute.8 This hostility towards arbitration agreements was the result of an attempt to preserve the courts' jurisdiction. Any agreement which deprived courts of jurisdiction was frowned upon.' The United States Supreme Court recently held that the Federal Arbitration Act5 (FAA) preempts state law and must be applied in state courts. This decision is in accord with a trend throughout the nation to make arbitration agreements specifically enforceable.6 The effect of …

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Lawyer's Skills In Negotiations: Justice In Unseen Hands, Jeffrey H. Hartje Jan 1984

Lawyer's Skills In Negotiations: Justice In Unseen Hands, Jeffrey H. Hartje

Journal of Dispute Resolution

The purpose of this article is to identify and explore the processes and dynamics of lawyer negotiation at the skill level. Part I, Operational Skills in Preparation for Negotiation, examines processes and subprocesses of negotiation to develop a background for understanding the potential areas of lawyer skill involved in the operation of negotiation in Section A. Section B explores the preparation skills involved including the analysis and development of a negotiation theory of the case which requires an understanding of the substance of the negotiation, norms, precedent and power combined with fact management and effective characterization of the facts of …

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Title Page Jan 1984

Title Page

Missouri Law Review

No abstract provided.

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William C. Myers, Jr. Dedication Jan 1984

William C. Myers, Jr. Dedication

Missouri Law Review

No abstract provided.

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Minimum Standards Of Constitutional Justice: Federal Floor And State Ceiling, William F. Swindler Jan 1984

Minimum Standards Of Constitutional Justice: Federal Floor And State Ceiling, William F. Swindler

Missouri Law Review

No abstract provided.

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Evidentiary Nature Of Defendant's Burden In Title Vii Disparate Treatment Cases, The, Mack A. Player Jan 1984

Evidentiary Nature Of Defendant's Burden In Title Vii Disparate Treatment Cases, The, Mack A. Player

Missouri Law Review

No abstract provided.

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Determining Mental States For Narcotics Offenses Under The Missouri Criminal Code, Edward P. Carlstead Jan 1984

Determining Mental States For Narcotics Offenses Under The Missouri Criminal Code, Edward P. Carlstead

Missouri Law Review

No abstract provided.

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Future Advances In Missouri, Rita Carper Sowards Jan 1984

Future Advances In Missouri, Rita Carper Sowards

Missouri Law Review

No abstract provided.

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Assault On The Employment At Will Doctrine: Management Considerations, Timothy J. Heinsz Nov 1983

Assault On The Employment At Will Doctrine: Management Considerations, Timothy J. Heinsz

Missouri Law Review

No abstract provided.

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Attorney Discharged Without Cause From Contingent Fee Contract Is Limited To Recovery Of Reasonable Value Of Services, Frank C. Brown Nov 1983

Attorney Discharged Without Cause From Contingent Fee Contract Is Limited To Recovery Of Reasonable Value Of Services, Frank C. Brown

Missouri Law Review

No abstract provided.

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Sale Of Business Doctrine: A Transactional Approach For Determining The Coverage Of The Federal Securities Laws, The, Ronald E. Rucker Nov 1983

Sale Of Business Doctrine: A Transactional Approach For Determining The Coverage Of The Federal Securities Laws, The, Ronald E. Rucker

Missouri Law Review

No abstract provided.

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Future Of Initiative And Referendum In Missouri, The, John Slavin Nov 1983

Future Of Initiative And Referendum In Missouri, The, John Slavin

Missouri Law Review

No abstract provided.

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Mens Rea As An Element Necessary For Capital Punishment, Nancy A. Mckerrow Nov 1983

Mens Rea As An Element Necessary For Capital Punishment, Nancy A. Mckerrow

Missouri Law Review

No abstract provided.

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Missouri Homicides: Lesser Included Offenses And Instructing Down, Paul N. Venker Nov 1983

Missouri Homicides: Lesser Included Offenses And Instructing Down, Paul N. Venker

Missouri Law Review

No abstract provided.

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Distributive Justice And The Physically Disabled: Myth And Reality, Alexander J. Bolla Jr. Nov 1983

Distributive Justice And The Physically Disabled: Myth And Reality, Alexander J. Bolla Jr.

Missouri Law Review

No abstract provided.

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Staying Diversity Proceedings Pending The Outcome Of Parallel Suits In State Court, John Sullivan Nov 1983

Staying Diversity Proceedings Pending The Outcome Of Parallel Suits In State Court, John Sullivan

Missouri Law Review

No abstract provided.

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