Law Commons^™

Mandatory Or Voluntary Mediation? Recent Turkish Mediation Legislation And A Comparative Analysis With The Eu’S Mediation Framework, Ash Gurbuz Usluel

Journal of Dispute Resolution

No abstract provided.

International Dispute Resolution And Access To Justice: Comparative Law Perspectives, Jacqueline Nolan-Haley

Journal of Dispute Resolution

No abstract provided.

A Break In The Cycle: Applying Adr Principles To Inner–Prison Conflicts, Eli Dodge

Journal of Dispute Resolution

No abstract provided.

Masthead

Journal of Dispute Resolution

No abstract provided.

Comparative Method And International Litigation, Ronald A. Brand

Journal of Dispute Resolution

No abstract provided.

Addressing The Class Claim Conundrum With Online Dispute Resolution, Amy J. Schmitz

Journal of Dispute Resolution

No abstract provided.

Reasons To Avoid The Anchor: Negotiation In Patent Prosecution, Kevin Johnston

Journal of Dispute Resolution

No abstract provided.

Batna’S Got To Go — And Here’S A Better Idea, John M. Lande

Faculty Blogs

BATNA et al. are examples of popular terms that are widely misunderstood. In particular, while BATNAs really are courses of action (like going to trial or making a deal with a different party), people often confuse them with the expected values of those courses of action (like the trial outcome or profit from a deal).

Mediate.Com Publishes “Seven Keys To Unlock Mediation’S Golden Age”, John Lande

Faculty Blogs

Mediate.com published a series entitled Seven Keys to Unlock Mediation’s Golden Age. The objective is to encourage discussion among stakeholders about navigating mediation’s best future. The seven keys are: Leadership, Data, Education, Profession, Technology, Government and Usage. Descriptions of each “key” has two to four short articles.

Resources For Teaching About Batna, Bottom Lines, And Lira, John Lande

Faculty Blogs

Practically every negotiation, mediation, and ADR survey course teaches students that they should figure out their BATNA when negotiating or mediating. This is much easier said than done. This post provides lots of resources to help faculty teach students about BATNAs and – more importantly – about bottom lines. For additional publications about these topics, see Sections 3.A and 5.

Decision-Making As An Essential Element Of Our Field, John M. Lande

Faculty Blogs

This post suggests that we think of our work as focused on process design, strategy, and decision-making in managing conflict. Our field seeks to help parties solve problems when they lack good (or sometimes any) practical dispute resolution options. This post describes such situations and identifies strategies to increase and improve parties’ decision-making.

Risk Of Choking To Death On One’S Own Blood Is Not Cruel And Unusual Punishment, Calla M. Mears

Missouri Law Review

Missouri began executing inmates in 1810 by hanging Peter Johnson, a man accused of murder. Since Johnson’s execution, Missouri executed 374 inmates between 1810 and 2019. Hanging was the most common method of execution in Missouri until 1936. Lethal gas was first used in Missouri in 1937 and became the most common execution method until 1987, when lethal injection took over as the predominant method.

Reflections On Covid-19, Insurance, Business Interruption, Systemic Risk, And The Future, Robert H. Jerry Ii

Faculty Publications

The COVID-19 pandemic is a major loss event for the insurance industry. This chapter begins with an overview of the pandemic’s most significant insurance implications. Because business interruption has been the most prominently discussed of these impacts, the second part of this chapter takes a closer look at business interruption insurance. This part describes how markets for this coverage are structured in the U.S., and then undertakes a detailed analysis of one of the most common business interruption policy forms, demonstrating that some aspects of this form, insofar as pandemic-caused business interruption is concerned, were not drafted with utmost precision. …

Revisiting And Confronting The Federal Judiciary Capacity "Crisis": Charting A Path For Federal Judiciary Reform, Ryan Vacca, Peter S. Menell

Faculty Publications

The modern federal judiciary was established well over a century ago by the Judiciary Act of 1891. Over the next seventy years, the structure and core functioning of the judiciary largely remained unchanged apart from gradual increases in judicial slots. By the mid- 1960s, jurists, scholars, practitioners, and policy-makers had voiced grave concerns about the capacity of the federal system to function effectively in the face of ever-increasing caseloads.

Heeding calls for reform, in 1972 Congress charged a commission chaired by Senator Roman Hruska to study the functioning of the federal courts and recommend reforms. After extensive study, the Hruska …

The Limits Of Antitrust In The 21st Century, Thomas A. Lambert

Faculty Publications

Antitrust is having a moment. Commentators and policymakers, both progressive and conservative, are calling for increased antitrust enforcement to address all manner of social ills. From technology platforms' power over speech and encroachments on user privacy to wage stagnation in more concentrated labor markets, to competition softening from ever-larger index funds, to growing income inequality, reduced innovation, and threats to democracy itself - the list of maladies for which antitrust has been proposed as a remedy goes on and on.

This Article revisits The Limits of Antitrust in light of the current antitrust moment. Part I describes the central components …

Remorse In Parole Hearings: An Elusive Concept With Concrete Consequences, Nicole Bronnimann

Missouri Law Review

Remorse is a profound and complicated emotion and it is one that is evaluated in a surprising number of legal contexts. One particularly high-stakes evaluation of remorse occurs in the context of discretionary parole, when a parole board is deciding whether to release an inmate back to the community. This Article explains the arguments justifying the evaluation of remorse in parole hearings, evaluates how remorse is directly and indirectly incorporated into a typical parole hearing, presents legal and psychological research about the effect that the presence or absence of remorse may have on parole commissioners’ judgment of inmates’ culpability and …

Out Of ‘Site: Can Government Officials Block Their Constituents On Social Media?, Lindsey Wilkerson

Missouri Law Review

Social media has revolutionized the way people communicate and created new questions about what is considered free speech. Part of this trend is how government officials – ranging from small town mayors to the President of the United States – are using social media websites like Facebook and Twitter. Many social media websites provide the ability for users to block others from seeing their posts, which can create controversy for government officials. If a government official blocks a constituent, courts usually examine whether the official was operating his or her social media account for either personal or governmental purposes. If …

Consent Decrees As Emergent Environmental Law, Tracy Hester

Missouri Law Review

Consent decrees – the unheralded workhorses of regulatory law – play a critical role in environmental law. The bulk of major environmental disputes at the federal level are resolved through consent decrees lodged under judicial supervision, and key federal environmental statutes and policies directly require settling parties to use consent decrees to resolve their claims. These proposed decrees, however, typically receive only a restrained judicial review that does not yield a formal judicial opinion on the full merits of the agreement. Parties, in fact, will frequently insist that the decree will not involve an admission of liability or any conclusions …

Copyright

Missouri Law Review

No abstract provided.

The Unappealing Nature Of Guilty Plea Agreements: Johnson’S Restrictions On Appeals Of Intellectual Disabilities, Alexander M. Brown

Missouri Law Review

In 2008, Ronald Johnson was charged with the murder of Luke Meiners, a St. Louis attorney. On the advice of his appointed defense counsel, Johnson pleaded guilty to the charge of first-degree murder to avoid the death penalty. Johnson was ineligible, however, for the death penalty because he was intellectually disabled. After his conviction, Johnson appealed for postconviction relief. Johnson received a mental evaluation, which concluded he was competent to stand trial. Thus, the court upheld his guilty plea. In an appeal to the Supreme Court of Missouri, Johnson argued that his conviction should be set aside because he received …

Indoctrination And Social Influence As A Defense To Crime: Are We Responsible For Who We Are?, Paul H. Robinson, Lindsay Holcomb

Missouri Law Review

A patriotic prisoner of war is brainwashed by his North Korean captors into refusing repatriation and undertaking treasonous anti-American propaganda for the communist regime. Despite the general abhorrence of treason in time of war, the American public opposes criminal liability for such indoctrinated soldiers, yet existing criminal law provides no defense or mitigation because, at the time of the offense, the indoctrinated offender suffers no cognitive or control dysfunction, no mental or emotional impairment, and no external or internal compulsion. Rather, he was acting purely in the exercise of free of will, albeit based upon beliefs and values that he …

Violating The Inviolate?: Divided Tennessee Supreme Court Upholds Constitutionality Of Noneconomic Damage Caps, Focuses On Right To Jury Trial, Bailey D. Barnes

Faculty Publications

On Feb. 26, in McClay v. Airport Management Services LLC, the Tennessee Supreme Court upheld the constitutionality of the noneconomic damage cap provisions of the Tennessee Civil Justice Act of 2011. The court’s analysis primarily centered on the constitutional right to a trial by jury. The justices split on whether the General Assembly maintains the authority to alter or abridge the state’s common law when doing so affects a constitutional right.

The three-justice majority concluded that noneconomic damage caps do not violate the right to a jury trial, though one of those justices authored a concurring opinion declaring the issue …

Masthead

Missouri Law Review

No abstract provided.

Copyright

Missouri Law Review

No abstract provided.

Table Of Contents

Missouri Law Review

No abstract provided.

Unregistered Complaints, Christine Suzanne Davik

Missouri Law Review

In March, the U.S. Supreme Court handed down its highly-anticipated decision in Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, which resolved a split among U.S. Courts of Appeals concerning the point in time when a copyright owner is first able to file suit against an alleged infringer. While at first glance this case may merely appear to be a simple issue of statutory interpretation, namely whether it is upon application for registration or once a determination has been made on registration by the U.S. Copyright Office, this Article argues this decision is a clarion call for a much-needed amendment …

Greening The Old New Deal: Strengthening Rural Electric Cooperative Supports And Oversight To Combat Climate Change, Gabriel Pacyniak

Missouri Law Review

New Deal cooperatives succeeded in electrifying rural America when for-profit utilities would not. Today, however, rural electric cooperatives are lagging behind when it comes to meeting the challenge of climate change. Cooperatives have collectively been slower to embrace the shift to low-carbon electricity than for-profit and municipal utilities and have served as a drag on state and federal clean energy and climate policies. This is partially because of the structural differences between cooperatives and other utilities, but also because of a weak and underdetermined federal and state regulatory structure. A few cooperatives in Colorado and New Mexico are seeking to …

Big Sports Have Big Environmental And Social Consequences, Gina S. Warren

Missouri Law Review

Big sporting events result in significant and long-lasting environmental and social consequences for host cities and their residents. This Article discusses the spectrum of harms including environmental degradation, excess energy consumption, sidestepping the rule of law, and social segregation through eviction. It outlines the current inefficient, or nonexistent, legal framework available to address these harms and analyzes how this lack of legal framework results in host cities relinquishing local control and oversight to event organizers. It then draws upon the social license literature and recommends host cities establish a solid legal framework prior to an event to reduce the emergency …

Faculty List

Missouri Law Review

No abstract provided.

Masthead

Missouri Law Review

No abstract provided.