Law Commons^™

Leading Horses To Water: May Courts Which Have The Power To Order Attendance At Mediation Also Require Good-Faith Negotiation - Decker V. Lindsay, Charles J. Mcpheeters

Journal of Dispute Resolution

Settlement is a favorite of the law,4 and courts encourage it as a social good which may even outweigh other important policy considerations.5 Reasons for this favoritism include a desire to avoid the time-consuming uncertainty and cost of litigation,6 settlement's contributions to the efficient use of the court system,7 and a general wish for peaceful resolution of controversies.

Negotiating In Good Faith: Management's Obligation To Maintain The Status Quo During Collective Bargaining Under The Railway Labor Act - International Ass'n Of Machinists & Aerospace Workers V. Transportes Aereos Mercantiles Pan Americandos, S.A., Jay M. Dade

Journal of Dispute Resolution

When an employer and employee-representative union engage in collective bargaining negotiations, their negotiating activities are covered under the auspices of the Railway Labor Act.2 The Act, particularly applicable today in the tumultuous airline industry, established a rather elaborate mechanism for negotiation, mediation, voluntary arbitration, and conciliation to avoid interruptions to interstate commerce, to protect employees' freedom of association with respect to labor unions, and to provide prompt and orderly dispute settlements. 3 Indispensable to this scheme, Section 152, First of the Act imposes a statutory obligation upon the parties to such negotiations to bargain in good faith.4 In International Ass …

Book Review

Journal of Dispute Resolution

Getting Past No is an important companion to a previous book co-authored by William Ury. In 1981, Ury collaborated with Roger Fisher on a book entitled Getting to Yes, 3 which has sold more than two million copies and has become one of the most influential works on the subject of negotiation. Getting to Yes is a lucid, step-by-step guide for negotiating mutually satisfactory agreements. The authors labeled their approach "principled negotiation" and boiled it down to the following points: separate the people from the problem; focus on interests, not positions; generate a variety of possibilities before deciding what to …

Recent Developments: The Uniform Arbitration Act, Angela C. Cole, Nicole J. Cress, Kevin L. Fritz, Lori L. Green

Journal of Dispute Resolution

Arbitration, once viewed as an undesirable alternative to litigation, has become widely accepted as a viable and often superior cost-effective approach to resolving disputes. In 1955, the national Conference of Commissioners on Uniform State Laws proposed a Uniform Arbitration Act.' Currently, 35 jurisdictions have arbitration statutes patterned after the U. A.A..' What began as an article in the Missouri Law Review entitled Recent Developments: The Uniform Arbitration Act, has evolved into an annual survey of recent developments in case law interpreting state versions of the U.A.A.' This detailed update monitors the underlying principles and rationales that develop from recent decisions. …

Table Of Contents

South Carolina Law Review

No abstract provided.

Corporate Preferences To Insiders, John C. Mccoid Ii

South Carolina Law Review

No abstract provided.

The Trustee's Strong Arm Power Under The Bankruptcy Code, David Gray Carlson

South Carolina Law Review

No abstract provided.

Setoff And The Principle Of Creditor Equality, Philip T. Lacy

South Carolina Law Review

No abstract provided.

Foreward

Southeastern Environmental Law Journal

No abstract provided.

Title Page

Southeastern Environmental Law Journal

No abstract provided.

Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld

Articles

The Hungarian Constitutional Court's decision to invalidate a retroactivity law aimed at prosecuting crimes committed during the prior regime highlights a tension between rule-of-law principles and demands for retributive justice. The court ruled that extending or reopening statutes of limitations violated constitutional guarantees of legal certainty, non-retroactivity, and the protection of rights previously conferred. The decision underscores the court's commitment to an expansive interpretation of constitutional rights, emphasizing the importance of predictable and foreseeable legal consequences. While the ruling prioritizes rule-of-law values, it leaves unresolved the question of how to address past injustices in post-totalitarian societies.

The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson

Articles

No abstract provided.

Choosing Between Normative And Descriptive Versions Of The Judicial Role, Michael E. Herz

Articles

No abstract provided.

The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers?, Lester Brickman, Jonathan Klein

Articles

From the time that the first lawyers set foot in what is now the United States, society has engaged in efforts to regulate lawyers' fees, including fees received from clients in bankruptcy proceedings. Lawyers, in turn, have been engaged in continuing efforts to: secure their self-interests, aggrandize their role in society, be free of societally imposed constraints on their fees and activities, and carve out an ever larger area of exclusive domain. Although lawyers have not fared as well in their recent efforts to extend the scope of their monopoly by the use of statutes that prohibit the unauthorized practice …

An Improved Choice: The Virginia Limited Liability Company, James J. Wheaton

Faculty Publications

When the General Assembly adopted the Virginia Limited Liability Company Act (the "Act")' in 1991, Virginia joined just four other states in recognizing the potential of a relatively obscure business entity, the limited liability company ("LLC"). The LLC concept has spread rapidly since the adoption of the Virginia Act early last year. Three other states enacted LLC legislation in 1991, and in just the first few months of 1992, six more states followed the trend.

[...]

Although the number of LLCs formed in Virginia since the Virginia Act took effect last July displays the willingness of Virginia attorneys to recommend …

A Comment On Cass Sunstein's Equality, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Employer’S New Age Training Program Fail To Alter The Consciousness Of The Eeoc, Thomas D. Brierton

Eberhardt School of Business Faculty Articles

No abstract provided.

Awareness Of And Rights Related To The Patient Self-Determination Act Of 1990 By Selected Post-Adolescent College Students, Toni M. Vargas

Community & Environmental Health Theses & Dissertations

The purpose of this study was to determine if the Patient Self-Determination Act was effective in providing information to young adults and will young adults not only have an accurate understanding of their health care rights but sufficient opportunity to exercise those rights. From a sample of convenience, 83 college students were randomly selected to complete a questionnaire. The questionnaire contained 71 questions devised to reflect various aspects of the Patient Self-Determination Act. Five additional questions were asked to determine a generalized profile of the students. Data analysis of the responses identified 5 significant legal misunderstandings and 5 significant medical …

Information As A Commodity: New Imperatives Of Commercial Law, Raymond T. Nimmer, Patricia Ann Krauthaus

Law and Contemporary Problems

Modern information technology modifies how commercial transactions occur and the subject matter of commerce itself. The challenge posed to scholars and policymakers by these issues is discussed.

Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.

Law and Contemporary Problems

Technology and commercial law are examined in the context of securities market clearing and settlement. The challenges to legal "scientists," legal "engineers" and legal "technicians," who are working with electronic information, are discussed.

Covenant And Feminist Reconstructions Of Subjectivity Within Theories Of Justice, Janet Moore

Law and Contemporary Problems

The connections between structuralist, poststructuralist and postmodern philosophers are traced. The opposition between individualists and relationists over the meaning of subjectivity is discussed.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Foreword, Charles W. Mooney Jr.

Law and Contemporary Problems

No abstract provided.

Computerization Of The Article 9 Filing System: Thoughts On Building The Electronic Highway, Lynn M. Lopucki

Law and Contemporary Problems

The most basic purpose of the Article 9 filing system is to make a filing accessible to a searcher. Problems with the current system are discussed, and it is concluded that it will take more than computerization to fix the problems.

The Paperless Letter Of Credit And Related Documents Of Title, Boris Kozolchyk

Law and Contemporary Problems

A normative analysis of paperless letters of credit that will categorize the various transactions and delineate the boundaries and relative standing of the competing sets of rules is now appropriate. The analysis will suggest when an official rule is needed and what its character should be.

Mediation And Joke Design: Resolving The Incongruities , John M. Cooley

Journal of Dispute Resolution

The purposes of this Article are: (1) to highlight some of these new discoveries; (2) to discuss their implications for mediators generally, particularly toward achieving super-optimum resolutions of conflict; (3) to explore the relationship of these discoveries to the brain's bilateral functions, creativity, and the process of humor and joke design; (4) to suggest techniques, based on joke design, for altering conflict frames of disputants; and (5) to suggest directions for further experimentation and research. Although the interrelationships among the separate topics presented here may not be immediately discernible, the seeming incongruities will be resolved in Part VIII

Punitive Damages In New York Arbitration: Who Is Really Being Punished - Barbier V. Shearson Lehman Hutton, Inc. , Brian R. Hajicek

Journal of Dispute Resolution

Promotion of settlement to reduce litigation is a well-established policy goal in our federal court system.2 However, when parties cannot resolve all of their disputes in alternative dispute resolution, this policy goal is undermined. In arbitration governed by the law of the state of New York, parties are generally unable to resolve all of their disputes in arbitration when punitive damages would be warranted. In most cases, the parties' dispute cannot be fully resolved where punitive damages would be available because an arbiter is not free to award punitive damages in arbitration under New York law. This is particularly troublesome …

The Scope Of Appellate Review In Criminal Cases: Who Has The Final Word?, Jennifer Anders

Montana Law Review

The Scope of Appellate Review in Criminal Cases: Who has the final word?

Civil Justice Planning In The Montana Federal District, Carl Tobias

Montana Law Review

Civil Justice Planning in the Montana Federal District

Defining Appropriate Criteria For The Public Employee Strike Injunction In Montana, Matthew B. Thiel

Montana Law Review

Defining Appropriate Criteria for the Public Employee Strike Injunction in Montana