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Articles 721 - 750 of 7283
Full-Text Articles in Law
The Effects Of The Global Financial Crisis On Employment Arbitration: Evidence From The Securities Industry Discrimination Complaints, Aibak Hafeez
Journal of Dispute Resolution
This paper examines how the Global Financial Crisis (GFC) 2008-09 influenced the usage and outcomes of discrimination arbitration cases for employee plaintiffs in the securities industry. It casts light on whether arbitration is able to serve as an appropriate and preferable workplace dispute resolution system during a macroeconomic crisis when aggrieved employees are most vulnerable and financially powerless. Macroeconomic recessionary periods are characterized with an increase in employment discrimination claims. As the labor market becomes slack during an economic recession, it becomes easier for firms to indulge in discriminatory behavior. In such a scenario, employee-plaintiffs desire an inexpensive, faster, and …
Synchronizing Copyright And Technology: A New Paradigm For Sync Rights, Michael P. Goodyear
Synchronizing Copyright And Technology: A New Paradigm For Sync Rights, Michael P. Goodyear
Missouri Law Review
Embedded in a copyright owner’s musical work or sound recording is the synchronization, or sync right, the exclusive right to use music in sync, or in timed-relation, with audiovisual works. Considerations about sync rights, one of the least discussed aspects of music copyright, have come to the fore as the world has increasingly moved from the real world to the virtual. The COVID-19 pandemic has spurred thousands of activities and events to go online. With many of these involving music, the shift to the virtual world has raised new questions about the extent of sync rights.
The Most Dangerous Branch Of Science? Reining In Rogue Research And Reckless Experimentation In Social Services, James G. Dwyer
The Most Dangerous Branch Of Science? Reining In Rogue Research And Reckless Experimentation In Social Services, James G. Dwyer
Missouri Law Review
Most people are unaware how much public policy is either lacking in any empirical-research support or driven by bad research. Political actors motivated by ideology or donor/constituent demands propose new government practices—in areas ranging from policing to funding of treatments for gender dysphoria in youth to welfare-qualification rules—that will greatly impact people’s lives, and if anyone asks what basis they have for thinking the impact will be good, they can readily find some study to support their case. Especially when powerless populations are put at risk, neither the legislative process nor peer review in the publication process provides a real …
Risky Business: Breakfast Sandwiches, Course Of Employment, And Revisiting Missouri Workers’ Compensation Law, Trent H. Hamoud
Risky Business: Breakfast Sandwiches, Course Of Employment, And Revisiting Missouri Workers’ Compensation Law, Trent H. Hamoud
Missouri Law Review
Since its inception, the Missouri Workers’ Compensation scheme has presented interesting and complex problems regarding workplace risk allocation. To avoid workplace injuries, employees and employers engage in significant preventative behaviors. One such action by employers is employee monitoring. Clearly, however, constant workplace monitoring is not feasible. This inherent limitation leads to this Note’s initial inquiry: at what point do the actions of employees taken out of sight of their employers create compensable claims under the existing Missouri Workers’ Compensation system, and what inefficiencies may result from requiring that employers provide compensation for the injuries that arise from such actions? Boothe …
Creating An Impossible Burden: State Ex Rel. Becker V. Wood And Prosecutorial Vindictiveness, Rachael Moore
Creating An Impossible Burden: State Ex Rel. Becker V. Wood And Prosecutorial Vindictiveness, Rachael Moore
Missouri Law Review
In the American criminal justice system, prosecutors have an enormous amount of discretion and power. With dockets growing more cramped, prosecutors often use threats of harsher charges and sentences to deter defendants from exercising their right to a jury trial or an appeal. Prosecutors can also wield this power for purely vindictive or retaliatory purposes, as one prosecutor noted when reflecting on his career: Sometimes a public defender or a defense lawyer will just try and bust your ass all the time. Frankly, you end up busting theirs back. You get irritated, but you try not to take it out …
Blown Whistle Falls On Deaf Ears: The Eighth Circuit Interprets Map-21’S Whistleblower Provision, Sarah (Walters) Porter
Blown Whistle Falls On Deaf Ears: The Eighth Circuit Interprets Map-21’S Whistleblower Provision, Sarah (Walters) Porter
Missouri Law Review
In recent years, whistleblowers have been praised as heroes by onlookers and in the media for bravely unveiling wrongdoing by their employers, but whistleblowers have not always enjoyed this white-hat status. These private employees expose themselves to serious risks of backlash and retaliation from their employers, historically without any guaranteed protection from Congress or their respective state legislatures. Decades-old social norms and corporate culture prioritized loyalty from employees. They allowed employers to fire employees who spoke out against the company and even blackball them from their respective industries. With blind loyalty or termination being the only options for employees witnessing …
The Destruction Gap: A Study Of The Unprotected Societal Interest In Privately Held Artworks, Jessica Schmitz
The Destruction Gap: A Study Of The Unprotected Societal Interest In Privately Held Artworks, Jessica Schmitz
Missouri Law Review
Imagine putting a Warhol through a washing machine, a Rembrandt in a recycling bin, or a Seurat in a shredder. If you are the lucky owner of a masterpiece by one of these artists you may take any of these actions and face no legal repercussions, thereby destroying the artwork and removing it from the cultural landscape. Our understanding of world history would be neither as beautiful, illuminated, nor as informed if artworks of cultural significance like these were destroyed. For example, little would be known of the ideologies of pre-historic civilizations but for the sculptures, wall paintings, and other …
Money Doesn’T Grow On Trees: Civil Asset Forfeiture Reform Is A Necessary Precursor To Police Reform, Elizabeth Weaver
Money Doesn’T Grow On Trees: Civil Asset Forfeiture Reform Is A Necessary Precursor To Police Reform, Elizabeth Weaver
Missouri Law Review
Communities are scrutinizing the credibility of law enforcement as concerns associated with unfair treatment and police misconduct mount. Despite ever-present demands for reform, law enforcement policy and practices continue to undercut efforts to build community relationships. Calls to defund police, whether by abolitionists or those who argue that modern policing encompasses job duties law enforcement should never perform, entered mainstream conversations about police reform after the death of Eric Garner in 2014, and reemerged when George Floyd was murdered in 2020. While it is true that financial constraints can force policy change, defunding the police could have unintended negative consequences …
Evidentiary Inequality, Sandra F. Sperino
Evidentiary Inequality, Sandra F. Sperino
Faculty Publications
Federal employment discrimination law is rife with evidentiary inequality. Courts allow employers to draw from a broad palette of evidence to defend against discrimination claims, while highly restricting the facts from which plaintiffs can prove their claims. This Article draws from hundreds of cases to show how judges favor the employer's evidence and disfavor the plaintiff's evidence across multiple dimensions, such as time, witnesses, documents, relevance, and reliability. Judges have created a host of named doctrines that severely restrict the evidence plaintiffs are allowed to use to prove their discrimination claims. At the same time, a host of unnamed, and …
Simulations Based On Actual Cases – Why Reinvent The Wheel?, John Lande
Simulations Based On Actual Cases – Why Reinvent The Wheel?, John Lande
Faculty Blogs
This post describes Debra Berman’s use of materials from actual cases for simulations in her negotiation and mediation courses. She provides litigation documents, including the complaint, motions, and other documents such as discovery requests, disclosures, and scheduling orders as well as a short settlement memo that she drafts. She observed dramatic improvements in her students’ performance. They were excited to work with real cases and were more prepared.
"Yogi-Isms" In The Courts, Douglas E. Abrams
"Yogi-Isms" In The Courts, Douglas E. Abrams
Faculty Publications
The versatility of Lawrence Peter (Yogi) Berra, a native of St. Louis,5 appears unparalleled in the annals of professional sports. His stellar on-the-field performance earned him election to the Hall of Fame in 1972, and his vast collection of off-the-field sayings earned him a secure place in American folklore. Some Yogi-isms are cited and quoted in federal and state judicial opinions. Topping the judicial ledger is “It’s déjà vu all over again,” which appears in Shurtleff and a few dozen other decisions.
Constructing Good Odr Systems, John Lande
Constructing Good Odr Systems, John Lande
Faculty Blogs
This post presents an article by Amy Schmitz and John Zeleznikow, Intelligent Legal Tech to Empower Self-Represented Litigants. It helps explain why ODR systems sometimes don’t fulfill parties’ needs. The article develops a typology of six functions that various ODR systems perform: case management, triaging, advisory, communication, decision support, and drafting. It includes a great appendix listing ODR systems and which of these functions they perform, noting that some systems perform multiple functions. It argues that artificial intelligence and data analytics have the potential to help self-represented litigants and others pursue remedies and justice.
Crisis, Rupture And Structural Change: Re-Imagining Global Learning And Engagement While Staying In Place During The Covid-19 Pandemic, Shruti Rana, Hamid Ekbia
Crisis, Rupture And Structural Change: Re-Imagining Global Learning And Engagement While Staying In Place During The Covid-19 Pandemic, Shruti Rana, Hamid Ekbia
Faculty Publications
The COVID-19 pandemic led to unprecedented closures of national borders and the withdrawal of much of the social and cultural activities of society into the walls of the home. For us, educators focused on global engagement and analyzing international law and society, the abrupt retreat into the shelter of domestic walls disrupted the very subjects we were studying-inside and outside the classroom. In the pandemic 's first wave, most study abroad and international experiential programs were cancelled indefinitely, and the programs that continued had to operate in an environment of social distancing and uncertainty. We were forced to scramble to …
It's None Of Your Business: State Regulation Of Tribal Business Undermines Sovereignty And Justice, Robin M. Rotman, Sam J. Carter
It's None Of Your Business: State Regulation Of Tribal Business Undermines Sovereignty And Justice, Robin M. Rotman, Sam J. Carter
Faculty Publications
The U.S. Constitution grants the federal government plenary power over American Indian affairs, yet states are increasingly attempting to assert regulatory and tax jurisdiction over tribal businesses. This overreach threatens tribal sovereignty and contravenes the terms of treaties entered between the United States and American Indian tribes. This Article begins by examining the legal foundations of federal, state, and tribal relations. It then examines recent cases across four business sectors - gaming, tobacco sales, petroleum sales, and online lending - in order to illustrate the pervasive jurisdictional challenges faced by courts in cases involving tribal businesses. This Article offers three …
Reattribution, The Poison Pill And Inventorship, Dennis D. Crouch
Reattribution, The Poison Pill And Inventorship, Dennis D. Crouch
Faculty Publications
Brian Frye's Right of Reattribution proposes a mechanism for loosening the strictures of attribution associated with creative works of authorship and giving the law of attribution a pro-property spin. Authors regularly receive attribution recognizing their authorship role. Frye transforms this norm of attribution into a fully alienable property right. An author would receive original rights of attribution, but those rights could then be sold or transferred to another person seeking accolades. This secondary transfer process is knows as reattribution. Frye recognizes that a right of reattribution would require congressional action since the current scope of attribution rights is limited by …
Eleven Observations About Legal Writing, Douglas E. Abrams
Eleven Observations About Legal Writing, Douglas E. Abrams
Faculty Publications
This Article collects 11 observations about legal writing that I have shared with law students since I began teaching in the late 1970s.
An Extended Essay On Church Autonomy, Carl H. Esbeck
An Extended Essay On Church Autonomy, Carl H. Esbeck
Faculty Publications
The doctrine of church autonomy has its own exclusive line of precedent running from Watson v. Jones (1872) through Kedroff v. St. Nicholas Cathedral (1952) - where the doctrine was first recognized as having First Amendment stature - and culminating with renewed vigor for religious institutional autonomy in the unanimous decision of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012). Attention to church autonomy has expanded rapidly since the Supreme Court’s decision in Hosanna-Tabor, and its scope is much disputed as it pushes aside other claims and interests. In its most familiar form—the “ministerial exception” - it is …
Ruth Bader Ginsburg's Intellectual Property Jurisprudence, Ryan Vacca, Ann Bartow
Ruth Bader Ginsburg's Intellectual Property Jurisprudence, Ryan Vacca, Ann Bartow
Faculty Publications
On September 18, 2020, the world lost an irreplaceable leader. Justice Ruth Bader Ginsburg, after many years of battling cancer, had passed away. Although she will primarily be remembered for her work on gender equality—as both advocate and jurist—Justice Ginsburg signiicantly impacted other areas of the law. One such area is intellectual property. During her time on the U.S. Supreme Court, she authored 20 opinions in these areas—11 copyright, seven patent, and two trademark—and joined the opinions of her colleagues in many others.
Realigning The Clean Water Act: Comprehensive Treatment Of Nonpoint Source Pollution, Robin M. Rotman, Ashley A. Hollis, Kathleen M. Trauth
Realigning The Clean Water Act: Comprehensive Treatment Of Nonpoint Source Pollution, Robin M. Rotman, Ashley A. Hollis, Kathleen M. Trauth
Faculty Publications
Nonpoint source pollution is the biggest threat to water quality in the United States today. This Article argues for stronger federal controls over nonpoint source pollution. It begins by examining the history of water quality regulation in the United States, including the passage and amendment of the Clean Water Act and the evolving definition of “navigable waters” over time. The Article then discusses recent rulemaking and litigation developments, including the Clean Water Rule, the Navigable Waters Protection Rule, and the County of Maui, Hawaii v. Hawaii Wildlife Fund case. It offers three recommendations. First, the Article calls for a congressional …
Teaching Students To Think Like Practitioners, John Lande
Teaching Students To Think Like Practitioners, John Lande
Faculty Blogs
This post summarizes ideas from a presentation focused on how to teach students to think like a mediator. This post applies the same logic to thinking like an advocate in mediation or a negotiator. The techniques can be applied in courses teaching practice skills through simulations, externships, and clinical experiences. The post includes possible teaching assignments.
Acceptable Lies In Contract Negotiations, Stefanie Jung
Acceptable Lies In Contract Negotiations, Stefanie Jung
Journal of Dispute Resolution
It is well established that lying is a widespread phenomenon in business-to-business (“B2B”) contract negotiations. Some of the most prominent lies may be those about the subject matter of the contract. However, negotiators also frequently lie about other aspects like offers from other potential buyers or sellers, the availability of their product, the legal situation regarding contractual aspects, as well as their emotions and preferences.
Keeping The Elderly Quiet: The Trump Administration And The Reincarnation Of Mandatory Arbitration In Nursing Home Contracts, Katey Peters
Keeping The Elderly Quiet: The Trump Administration And The Reincarnation Of Mandatory Arbitration In Nursing Home Contracts, Katey Peters
Journal of Dispute Resolution
Mandatory arbitration provisions are the current standard in nursing home admission contracts, but the legal arguments surrounding their enforcement raise questions concerning the validity of these standard provisions. Arbitration provisions allow nursing homes to limit the transparency into their operations and keep victims, and their families, quiet and out of the public eye. This, in turn, limits the understanding of the shortcoming of current regulations and where new regulations may help. The current Coronavirus Disease 2019 (“COVID-19”) pandemic has brought to light some of these otherwise hidden regulatory issues surrounding nursing homes. As a result, several states have tried to …
Supplemental Environmental Projects’ Wild Ride Is A Call For Legislative Action To Protect A Valuable Negotiation Tool, Joel Smith
Journal of Dispute Resolution
In March 2020, the head of the Department of Justice’s Environmental Natural Resources Division (“DOJ ENRD”) issued a decision that fundamentally altered the federal government’s ability to address environmental harm. The decision removed a valuable tool from the negotiation toolbox that Department of Justice (“DOJ”) attorneys used for decades when negotiating settlements in civil enforcement of federal environmental protection laws. This policy change had the potential to significantly impact resolution of complex environmental disputes. In February 2021, the new Chief of the DOJ ENRD rescinded the 2020 memo in response to an executive order from newly elected President Joe Biden. …
Can Artificial Intelligence (“Ai”) Replace Human Arbitrators? Technological Concerns And Legal Implications, Gizem Halis Kasap
Can Artificial Intelligence (“Ai”) Replace Human Arbitrators? Technological Concerns And Legal Implications, Gizem Halis Kasap
Journal of Dispute Resolution
Artificial intelligence (“AI”) is no longer a precursor to the future—it is already here in the mainstream. Some countries, for example, have started to implement AI-based technologies into their adjudication processes. It has been reported that Estonia is currently developing an AI judge that can adjudicate small claims disputes of less than º7,000 and that China already has digital courts presided over by an AI judge. Together with the triggering effect of such futuristic news, AI studies that predict the outcome of litigation have stirred heated debate about the possible arrival of AI judges.
Digital Assets & License Protections In An Age That Denies Class Actions And Mandates Arbitration, Kevin Carr
Digital Assets & License Protections In An Age That Denies Class Actions And Mandates Arbitration, Kevin Carr
Journal of Dispute Resolution
The battle of star system B-R5RB is probably a conflict and place that you have never heard of, even though an estimated £300,000 worth of property damage and loss occurred due to an interstellar battle on July 27, 2014. Hundreds of competing rival ships were destroyed, with over 7,600 individuals taking part in one of the single largest property disputes of the 21st century. The conflict lasted approximately 21 hours and had ripple effects across an entire galaxy. If this sounds like fiction, I assure you, it is not. You have likely never heard of star system B-R5RB or the …