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Full-Text Articles in Law

Dreamers And Visionaries: The History Of Adr In Idaho, Maureen Laflin Jan 2009

Dreamers And Visionaries: The History Of Adr In Idaho, Maureen Laflin

Articles

No abstract provided.


Using International Dispute Resolution To Address The Compliance Question In International Law, Anna Spain Jan 2009

Using International Dispute Resolution To Address The Compliance Question In International Law, Anna Spain

Articles

A fundamental critique of international law is that it fails to ensure compliance and, thus, has limited influence on state behavior. Existing compliance theories consider how interests, norms and legal process impact states. Within the legal process school, theories either narrowly define process as methods that achieve a legal aim or broadly consider diplomatic activities without connecting them to the structural elements of process. Thus, despite the prolific scholarship in this area, understanding of how an international dispute resolution process, such as the Six-Party Talks, influences state behavior, such as North Korea’s actions toward nuclear disarmament, remains limited.

To ...


Is It The "Real Thing"? How Coke's One-Way Binding Arbitration May Bridge The Divide Between Litigation And Arbitration, Suzette M. Malveaux Jan 2009

Is It The "Real Thing"? How Coke's One-Way Binding Arbitration May Bridge The Divide Between Litigation And Arbitration, Suzette M. Malveaux

Articles

Although the scholarly literature is replete with discussion of the pros and cons of mandatory arbitration and civil litigation, relative to one another, there has been no examination of one-way binding arbitration as a potential bridge between these procedural poles. The goal of this article is to fill that void. One-way binding arbitration requires an employee to use arbitration to resolve workplace disputes, but also gives the employee, but not the employer, the option of rejecting the arbitrator’s decision. In the event the employee is not satisfied with the outcome of arbitration, she can still pursue her claim in ...


Evolutionary Theory And Kinship Foster Care: An Initial Test Of Two Hypotheses, David J. Herring, Jeffrey J. Shook, Sara Goodkind, Kevin H. Kim Jan 2009

Evolutionary Theory And Kinship Foster Care: An Initial Test Of Two Hypotheses, David J. Herring, Jeffrey J. Shook, Sara Goodkind, Kevin H. Kim

Articles

Public child welfare systems increasingly rely on kin to serve as foster parents. This study tests two hypotheses concerning kinship foster care that have been formulated based on evolutionary theory and behavioral biology research. The first hypothesis is that on average foster children are likely to benefit from higher levels of parental investment and realize better outcomes if placed with kin rather than non-kin foster parents. The second hypothesis is that on average children in kinship foster care placements are likely to benefit from higher levels of parental investment and realize better outcomes if placed with some types of kin ...


Surveying The Legal Landscape For Pennsylvania Same-Sex Couples, Anthony C. Infanti Jan 2009

Surveying The Legal Landscape For Pennsylvania Same-Sex Couples, Anthony C. Infanti

Articles

Recent advances in the battle over same-sex marriage in Connecticut, California, Iowa, Maine, New Hampshire, and Vermont led some commentators to describe this as a “watershed” moment. These legal and legislative wins - however tentative - created a sense of momentum in favor of lesbian and gay rights advocates in the battle over same-sex marriage. Yet, it would be a mistake to allow jubilation over these wins to obscure the larger perspective on this battle. We should not lose sight of the fact that, with the exception of Iowa, same-sex couples in each of these jurisdictions could already obtain legal recognition for ...