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Articles 601 - 630 of 7266
Full-Text Articles in Law
Artificial Bias: The Ethical Concerns Of Ai-Driven Dispute Resolution In Family Matters, Wensdai Brooks
Artificial Bias: The Ethical Concerns Of Ai-Driven Dispute Resolution In Family Matters, Wensdai Brooks
Journal of Dispute Resolution
From the global positioning systems (GPS) that guide our morning commute to the more complex machine learning systems used to build Spotify’s curation algorithms, artificial intelligence (AI) has become a central part of the way that society functions efficiently. AI has become increasingly integrated into our daily lives, permeating consumer and corporate worlds alike. Despite a reputation for being slow to adopt new technology, the legal field has been particularly forward in embracing the use of AI to increase docket speeds, optimize case management, and fill gaps in access to justice. An impressive array of programs now exists, creating a …
Not Quite “Justice For All”: How Provisions Of Victims’ Rights Legislation Can Harm Plea Negotiations, Hannah Williams
Not Quite “Justice For All”: How Provisions Of Victims’ Rights Legislation Can Harm Plea Negotiations, Hannah Williams
Journal of Dispute Resolution
Undoubtedly, the history of our criminal justice system has been unkind to victims of crime. This demographic, if acknowledged at all, would historically sit in our nation’s courtrooms and watch as the criminal justice system happened to them. Congress fundamentally altered the role of victims in 2015 when it enacted a statute granting victims a plethora of new rights. Victims suddenly could confer with the state’s attorney and rely on protections from the government against the accused. Interspersed within victims’ newfound rights is the right to be reasonably heard at any plea proceeding and the ability to reopen a plea …
Adr Provisions To Inoculate The Vaccine Industry From Governmental Ip Takings, Mark Buck
Adr Provisions To Inoculate The Vaccine Industry From Governmental Ip Takings, Mark Buck
Journal of Dispute Resolution
It started with a cough. It continued with a fever. After several days of treatment with over-the-counter medications without improvement, it became clear that Victor Villarroel Saavedra, an unvaccinated but otherwise in good health Bolivian physician, had contracted COVID-19 in the summer of 2020. By this point, Victor’s options were limited: seek at-home care or go to the hospital. After a few days of in-home care with nasal canal oxygen and nursing/physician oversight, he was eventually transferred to a hospital where he passed within the week. This all could have been avoided with a simple jab in the otherwise healthy …
The Influence Of Foreign Jurisprudence About International Commercial Arbitration In Latin American State Courts, Björn Arp
Journal of Dispute Resolution
International commercial arbitration has become regulated in an increasingly uniform manner through texts such as the UNCITRAL Model Law and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Despite the apparent uniformity, state courts still encounter instances of unclear and incomplete regulations of arbitration-related matters. This article focuses on the practice of courts in Latin America that interpret arbitration-related regulations and fill gaps with the help of a comparative jurisprudential analysis. The article reviews this jurisprudence to determine what impact, if any, landmark cases from France, Switzerland, the United Kingdom, the United States, and other …
Gig Workers: Walking A Tightrope Without A Safety Net, Joshua M. Javits, Matthew L. Luby
Gig Workers: Walking A Tightrope Without A Safety Net, Joshua M. Javits, Matthew L. Luby
Journal of Dispute Resolution
Annually every spring—until the COVID-19 pandemic which began in March 2020, professional sports teams turn to their own budding prospects. Rookie drafts garner media attention and propel the possibility of staggering salaries into the headlines. Undrafted free agents, for their part, begin searching for jobs. With a lesser celebrity profile, many American workers have themselves become free agents in an economy transformed by technology The static newspaper classified ads of the past have been joined by vast online platforms, such as TaskRabbit and Freelancer.com, that allow jobseekers to connect with individuals seeking a diverse range of services—from graphic design and …
Third Party Arbitration Funding And Islamic Shari’A: Friends Not Foes, Mohamed Sweify
Third Party Arbitration Funding And Islamic Shari’A: Friends Not Foes, Mohamed Sweify
Journal of Dispute Resolution
International arbitration exacts considerable monetary costs. In response, new mechanisms have emerged to eliminate the risks of these costs. One of these mechanisms is Third-Party Funding (TPF). Claimants may consider TPF where they cannot afford the costs of arbitration or to spread their risks and take the claim costs off their corporate balance sheets. It enables the poorly funded party to pursue its claim on an equal footing with the well-funded one. Recently, TPF has acquired great attention that made it a revolutionary development in the practice of international arbitration. The practice of TPF has moved from common law jurisdictions …
The Future Of Arbitration Law?, Kristen M. Blankley
The Future Of Arbitration Law?, Kristen M. Blankley
Journal of Dispute Resolution
This Article provides an in-depth statistical analysis of statutory interpretation of the Supreme Court’s arbitration docket. This paper follows my work in Standing on Its Own Shoulders: The Supreme Court’s Statutory Interpretation of the Federal Arbitration Act. By looking at how the Court interprets the Federal Arbitration Act (FAA), this paper makes predictions about how arbitration cases might be resolved in the future. This paper considers the reliance on and use of fourteen tools of statutory interpretation over the Court’s 52 cases and 114 separate opinions interpreting the FAA through the end of 2021. By considering four crucial sub-categories of …
Victims As Instruments, Rachel J. Wechsler
Victims As Instruments, Rachel J. Wechsler
Faculty Publications
Crime victims are often instrumentalized within the criminal legal process in furtherance of state prosecutorial interests. This is a particularly salient issue concerning victims of gender-based violence (GBV) because victim testimony is typically considered essential for successful prosecution of these types of crimes. Since the U.S. Supreme Court's 2004 decision in Crawford v. Washington, courts require declarants to be available for cross-examination on "testimonial" hearsay evidence. Consequently, criminal legal actors are further incentivized to employ highly coercive practices aimed at securing GBV victims' participation in the criminal legal process as evidentiary tools. These practices include arresting and incarcerating victims through …
First Keynote Address: The Two Impeachments Of Donald J. Trump, Congressman Jamie Raskin
First Keynote Address: The Two Impeachments Of Donald J. Trump, Congressman Jamie Raskin
Missouri Law Review
I believe that violation of the Emoluments Clauses was the original sin of the Trump Administration, and it began essentially on the first day of Trump in office when he said he was not going to give up his more than 150 businesses. He was not going to stop doing business with foreign governments, and he was not taking any pledge about refusing to take money from the federal government. The Foreign Emoluments Clause states that no president, no federal official, may accept presents or emoluments – which are payments – offices or titles of any kind whatsoever from a …
The Constitutional (And Political) Safeguards Against Impeachment, Victoria Nourse
The Constitutional (And Political) Safeguards Against Impeachment, Victoria Nourse
Missouri Law Review
Will the Trump impeachments inspire a flurry of future presidential impeachments? Will the second Trump impeachment, which occurred after the President left office, spur impeachments of lesser, former government officials? These and other questions emerged during the 2022 Missouri Law Review Symposium and on the Senate floor during the Trump impeachment trials. I have argued that we can make an educated prognosis about these possibilities based on constitutional structure. I called this argument the “political safeguards” of impeachment in my recent book, The Impeachments of Donald Trump: An Introduction to Constitutional Argument. What I called political safeguards, invoking the great …
Impeachment And Its Discontents, Brian C. Kalt
Impeachment And Its Discontents, Brian C. Kalt
Missouri Law Review
What purpose do presidential impeachments serve if the Senate does not convict? Should impeachment be attempted at all if there is no chance of conviction? These questions remind me of the old joke in which someone is asked whether he believes in infant baptism. He replies, “Believe in it? Heck, I’ve actually seen it done.”
Impeachment In A System Of Checks And Balances, Keith E. Whittington
Impeachment In A System Of Checks And Balances, Keith E. Whittington
Missouri Law Review
Measured by any yardstick, it is hard to think that the first impeachment of President Donald Trump was particularly successful. But there are important broader questions raised particularly by the first Trump impeachment that have significance for how we think about the impeachment power moving forward. If future impeachment efforts are to be more successful, or even useful, Congress will have to understand the nature of the constitutional task that it is undertaking.
Be Careful What You Wish For: Impeachment In The Trump Era, Gene Healy
Be Careful What You Wish For: Impeachment In The Trump Era, Gene Healy
Missouri Law Review
Having now gotten some distance and perspective on the head-spinning Trump presidency, what have we learned about the way presidential impeachments are likely to work in the future?
Impeachment And Trial After Officials Leave Office, Michael W. Mcconnell
Impeachment And Trial After Officials Leave Office, Michael W. Mcconnell
Missouri Law Review
The second impeachment of President Donald J. Trump raised an important and unresolved question: May Presidents and other federal officers be impeached or tried on impeachments after they have left office? Most Democrats argued that former officers can be both impeached and tried; most Republicans argued that former officers can neither be impeached nor tried. Trump himself was impeached while still in office and tried – and acquitted – after he left office. This is the sort of question that could easily arise again, in connection with presidents and other officers of either party, and it needs an answer that …
Symposium: The Two Impeachments Of Donald J. Trump Foreward: Requiem For Impeachment?, Frank O. Bowman Iii
Symposium: The Two Impeachments Of Donald J. Trump Foreward: Requiem For Impeachment?, Frank O. Bowman Iii
Missouri Law Review
Impeachment was inserted into the Constitution of the United States as a tool of national self-preservation. Although its most common use has been as a quotidian house-cleaning device for dispensing with corrupt or egregiously unsuitable federal judges otherwise unfireable due to life tenure, the American framers conceived impeachment’s real and essential function to be the ejection and permanent electoral disqualification of any president who proved grievously unfit or exhibited a dangerous disposition to autocracy.
Second Keynote Address: The Two Impeachments Of Donald J. Trump, Senator Richard Durbin
Second Keynote Address: The Two Impeachments Of Donald J. Trump, Senator Richard Durbin
Missouri Law Review
It was just two years ago this month that the Senate acquitted President Trump in the first impeachment trial, and one year ago this week, he was acquitted in the second trial for inciting an insurrection against the government of the United States. Now, in the first trial, Republican Senators voted to prohibit the trial managers, the actual prosecutors, from subpoenaing any witnesses or documents. They won because they were in the majority. Before both trials, enough Republican Senators, known as jurors, announced that they had already made up their minds to acquit the President—that the not-guilty verdicts were essentially …
What’S Next?: Missouri’S Medicaid Expansion After Doyle V. Tidball, Jayke Simsheuser
What’S Next?: Missouri’S Medicaid Expansion After Doyle V. Tidball, Jayke Simsheuser
Missouri Law Review
For Autumn Stultza, a single mother suffering from severe tonsil stones, Melinda Hille, a Type 1 Diabetic forced to choose between eating and paying for medication, Stephanie Doyle, a mother of three unable to afford her eczema medications, and approximately 275,000 other Missourians, August 10, 2021 was a good day. More than a decade after the enactment of the Affordable Care Act and just over a year since Missourians voted to expand Medicaid, Missourians ages 19 to 65 making under 138% of the federal poverty level became officially eligible for Medicaid coverage through the state’s MO HealthNet program. Their excitement, …
How Impeachment Works, Michael J. Gerhardt
How Impeachment Works, Michael J. Gerhardt
Missouri Law Review
Presidential impeachments test nearly everyone. Whereas constitutional adjudication largely tests the limits and powers of governmental institutions, presidential impeachments do that and more. They test whether and how members of Congress may fulfill their oaths to do “impartial justice according to the laws and Constitution of the United States;” whether, or to what extent, presidents have abused their powers; how well the American public and media understand the stakes and issues involved in the impeachment process; and to what extent Article III courts refrain from reviewing any aspect of impeachment trials. A popular concern for most observers and commentators during …
States Can Infringe Upon Your Intellectual Property Rights With Impunity In The Era Of "New Federalism", Homayoon Rafatijo, Dennis D. Crouch
States Can Infringe Upon Your Intellectual Property Rights With Impunity In The Era Of "New Federalism", Homayoon Rafatijo, Dennis D. Crouch
Faculty Publications
Antagonized by half a century of insouciance toward federalism boundaries, the "New Federalism" revival began under Chief Justice Rehnquist. As part of this revival, the Rehnquist Court substantially restrained Congress's authority to regulate commerce, abrogate sovereign immunity, fashion remedies pursuant to Section 5 of the Fourteenth Amendment, and "commandeer" state officials. The New Federalism has continued in the Roberts Court Era, most recently in a case weighing congressionally enacted copyright policy against the sovereignty of individual states to disregard copyright. In Allen v. Cooper, a unanimous Supreme Court held that Congress's express power under Article I is not a …
Time For A New Shoe? Making Sense Of Specific Jurisdiction, Jessica Hylton
Time For A New Shoe? Making Sense Of Specific Jurisdiction, Jessica Hylton
Missouri Law Review
Many of us can likely recall the uncomfortable feeling of a shoe that just does not fit. Whether too big or too small, it no longer offers the protection it was designed to provide and risks only pain and injury. Either way, it is time for a new shoe. Personal jurisdiction has its own shoe. In the groundbreaking case of International Shoe Co. v. Washington, the Supreme Court of the United States set out the necessary principles for a court to exercise personal jurisdiction over a defendant. These principles have endured for nearly 100 years. However, recent expansions on personal …
Unconstitutional State Special Laws: Is Rational Basis Review The Rational Solution?, Chloe Slusher
Unconstitutional State Special Laws: Is Rational Basis Review The Rational Solution?, Chloe Slusher
Missouri Law Review
For centuries, scholars, judges, and lawmakers have argued over the role of the judiciary in striking down laws created by a democratically elected legislature. This problem has come to be known as the “Countermajoritarian Difficulty.” The famous Carolene Products footnote offers one widely accepted answer to the Countermajoritarian Difficulty. It stipulates that the judiciary should only invalidate laws that violate fundamental rights specified in the Constitution, disadvantage discrete or insular minorities, or undermine the political process. This approach promised judicial deference and allowed the legislature to create economic regulations. Debates on this subject typically involve federal courts. However, the Supreme …
Taking The Fight Out Of Fighting Words On The Doctrine’S Eightieth Anniversary: What “N” Word Litigation Today Reveals About Assumptions, Flaws And Goals Of A First Amendment Principle In Disarray, Clay Calvert
Missouri Law Review
Analyzing a trio of recent rulings involving usage of the “N” word by white people directed at Black individuals, this Article explores problems with the United States Supreme Court’s fighting words doctrine on its eightieth anniversary. In the process of examining these cases and the troubles they illuminate, including the doctrine’s dubious reliance on racial and gender-based stereotypes, this Article calls for the Supreme Court to do more than merely refine its amorphous contours that lower courts now are fleshing out for themselves. Specifically, this Article contends that the Court must reconsider the foundational goals that animate this aging, often-criticized …