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Articles 31 - 60 of 122
Full-Text Articles in Law
Mediator's Privilege: Can A Mediator Be Compelled To Testify In A Civil Case - California Privilege Law Says Yes - Olam V. Congress Mortgage Co., The, Jennifer C. Bailey
Mediator's Privilege: Can A Mediator Be Compelled To Testify In A Civil Case - California Privilege Law Says Yes - Olam V. Congress Mortgage Co., The, Jennifer C. Bailey
Journal of Dispute Resolution
In the present case, Olain v. Congress, the United States District Court for the Northern District of California has, in a precedent-setting opinion, forced a mediator to testify in a subsequent civil procedure. 9 This Note will examine two recurring issues regarding mediation: first, the appropriate law to be applied when a case sits in federal court; and second, the history of the mediation privilege, the present state of the mediation privilege within the federal and state courts, and the consequences of the instant case.
Arbitration And Its Collateral Estoppel Effect On Third Parties - Vandenberg V. Superior Court, Thurston K. Cromwell
Arbitration And Its Collateral Estoppel Effect On Third Parties - Vandenberg V. Superior Court, Thurston K. Cromwell
Journal of Dispute Resolution
This Note examines why California's supreme court chose not to allow judicially confirmed arbitration awards to apply to third parties. The court based its decision on the contract model of arbitration and determined that an agreement to arbitrate was not necessarily an agreement binding third parties. However, this decision undermines the credibility of the arbitration process and fails to consider the negative impact relitigation of issues will have on the California courts.
Employees Beware: Signing Arbitration Agreements May Limit Your Remedies In Suits Filed By The Eeoc - Equal Employment Opportunity Commission V. Waffle House, Inc., Sarah Baxter
Journal of Dispute Resolution
Arbitration is used regularly to settle employment disputes, and federal policy supports these agreements between private parties. Federal statutes, however, also grant the Equal Employment Opportunity Commission the authority to pursue employment discrimination claims in court. These claims do more than vindicate the rights of individuals, they also safeguard the public interest in ending employment discrimination. A conflict may arise between these two policies when employees sign agreements to submit statutory discrimination claims to arbitration. This Note examines the split of authority on the issue of whether the Equal Employment Opportunity Commission should be permitted to seek money damages on …
How Level Is The Playing Field - Should Employers Be Able To Circumvent State Workers' Compensation Schemes By Creating Their Own Employee Compensation Plans - Strawn V. Afc Enterprises, D/B/A Church's Chicken, Nathan E. Ross
Journal of Dispute Resolution
Disputes resulting from workplace incidents are consuming increasingly greater proportions of our courts' dockets.2 In recent years, "[e]mployment litigation has grown at a rate many times greater than litigation in general ... almost one thousand percent greater than the increase in all other types of civil litigation combined."3 Due to the unequal bargaining power employers possess over employees in these disputes, states have passed workers' compensation laws to level the playing field.' However, employers have chosen not to subscribe to their states' workers' compensation systems, but instead have created their own employee compensation plans.' In addition, these employer-created compensation plans …
Recent Developments: The Uniform Arbitration Act, S. Owen Griffin, Kelli Hopkins, Scot L. Wiggins, Emily Woodward
Recent Developments: The Uniform Arbitration Act, S. Owen Griffin, Kelli Hopkins, Scot L. Wiggins, Emily Woodward
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A.").' Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia. The goal of this project is to promote uniformity in the interpretation of the U.A.A. by articulating the underlying policies and rationales of recent court decisions interpreting the U.A.A?
Facilitative Mediator Responds, A, Zena Zumeta
Facilitative Mediator Responds, A, Zena Zumeta
Journal of Dispute Resolution
I appreciate the thoughtfulness and conclusions of Professor Jeffrey Stempel in his article. His title, "The Inevitability of the Eclectic," seems completely right to me. Most mediators I know who have had training in mediation are more eclectic than squarely in one camp or another. They use techniques that are geared both to their own personalities and to the needs of the case. This, indeed, is a level of sophistication that is a heartening indication of the maturity of the field of mediation. However, there are many points in Stempel's argument that I disagree with, including some of his most …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
A Call For A New Policy Toward Cercla Cleanup Costs In The Eighth Circuit: Is It Fair To Punish The Prp Who Initiates The Cleanup At A Superfund Site? , Ricky Pearce
Journal of Environmental and Sustainability Law
No abstract provided.
Does A Prp Letter Trigger A Seller's Duty To Indemnity? Datron, Inc. V. Cra Holdings, Inc., Christopher J. Lucas
Does A Prp Letter Trigger A Seller's Duty To Indemnity? Datron, Inc. V. Cra Holdings, Inc., Christopher J. Lucas
Journal of Environmental and Sustainability Law
No abstract provided.
To Rule Or Not To Rule: Ripeness As A Prerequisite To Ruling In Federal Regulatory Takings Cases. Hendler V. United States, Todd C. Werts
To Rule Or Not To Rule: Ripeness As A Prerequisite To Ruling In Federal Regulatory Takings Cases. Hendler V. United States, Todd C. Werts
Journal of Environmental and Sustainability Law
No abstract provided.
When Does Unethical Become Criminal?: Interpreting The Gratuity Provision Of 18 U.S.C. Sec. 201. United States V. Sun-Diamond Growers Of California, Karen M. Linder
When Does Unethical Become Criminal?: Interpreting The Gratuity Provision Of 18 U.S.C. Sec. 201. United States V. Sun-Diamond Growers Of California, Karen M. Linder
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Consultants Beware: The Eighth Circuit Has Unearthed Cercla's Strict Liability Standard. K.C. 1986 Ltd. Partnership V. Reade Mfg., Susan Murphy
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental News
Journal of Environmental and Sustainability Law
No abstract provided.
Legislative Update
Journal of Environmental and Sustainability Law
No abstract provided.
Participatory Rulemaking In State Government: A Managed Care Success Story, Thomas D. Bixby
Participatory Rulemaking In State Government: A Managed Care Success Story, Thomas D. Bixby
Missouri Law Review
In June 1997, the Missouri Department of Insurance ("DOI") was presented with a massive undertaking: implementation of Senate Substitute for Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill 335 ("HB 335"). The bill enacted sweeping reforms of the managed health care system, incorporating "some of the strongest consumer protections in the country." Prior to 1997, the DOI's authority over managed care, and hence its expertise, was limited. Furthermore, the bill contained a variety of controversial and complex issues, so implementation of the legislation was certain to be difficult both politically and technically. This Comment examines …
High Profile Cases In A Technological Age, Susan Webber Wright
High Profile Cases In A Technological Age, Susan Webber Wright
Missouri Law Review
What I will try to describe this afternoon is the confluence of these two developments: the increased interest in courts, particularly the high-profile case, and the development and spread of sophisticated technology. As a social and public institution, the courts are obligated to address public demands not only by providing a forum for the administration of justice, but also by providing the means by which interested members of the public can observe court proceedings and gain access to public documents. I will describe some of the things courts are doing to respond to these demands. Next, I will try to …
Private Concerns Of Private Plaintiffs: Revisiting A Problematic Defamation Category, Nat Stern
Private Concerns Of Private Plaintiffs: Revisiting A Problematic Defamation Category, Nat Stern
Missouri Law Review
Part I of the Article traces the route to the Court's decision to add the public/private concern inquiry to the complex4 body of defamation doctrine, as well as the potential impact of this distinction beyond the context in which it was first promulgated. Part II reviews courts' efforts to categorize defamatory speech in a rational way, seeking to demonstrate that this goal has inevitably eluded them. From a broader perspective, Part III examines the Court's longstanding ambivalence toward elevating speech of a presumably public nature over other expression. Against this backdrop, the Court's decision to distinguish between public and private …
Not-So-Candid Camera, Please: Law Enforcement Officers Violate The Fourth Amendment When The Media Tags Along , Lynn S. Brackman
Not-So-Candid Camera, Please: Law Enforcement Officers Violate The Fourth Amendment When The Media Tags Along , Lynn S. Brackman
Missouri Law Review
The proliferation of television shows such as "Cops" evidences how common it has become for members of the media to accompany law enforcement officers while they perform their daily duties. This recent proliferation has sparked questions as to when the media's involvement in law enforcement impinges on an individual's constitutional rights. The federal courts of appeals have disagreed over whether the Fourth Amendment is violated when the media tags along with law enforcement officers executing a warrant in a private home. In Wilson v. Layne and Hanlon v. Berger, the United States Supreme Court settled the debate over this issue …
Missouri's Workers' Compensation Law: Expanding The Definitions Of Medical Treatment And Medical Necessity, Jean M. Guignon
Missouri's Workers' Compensation Law: Expanding The Definitions Of Medical Treatment And Medical Necessity, Jean M. Guignon
Missouri Law Review
The purpose of workers' compensation law is to relieve society from the burden of providing support to workers injured on the job by shifting the burden onto the employer. With advances in medical technology, Missouri courts have struggled to define "medical treatment' and "medical necessity" for the purpose of compensating injured workers. The Missouri Court of Appeals for the Western District of Missouri in Mickey v. City Wide Maintenance addressed the situation when a worker could recover for a service not explicitly covered under the definition of "medical treatment." The court found that a specially equipped van was "medical treatment" …
Bump, Set, Spiked: Determining Whether The National Collegiate Athletic Association Is A Recipient Of Federal Funds Under Title Ix, Matthew P. Hamner
Bump, Set, Spiked: Determining Whether The National Collegiate Athletic Association Is A Recipient Of Federal Funds Under Title Ix, Matthew P. Hamner
Missouri Law Review
Since the enactment of the Education Amendments of 1972, a major issue facing the National Collegiate Athletic Association ("NCAA") and its member schools has been the applicability of Title IX of the Amendments to those organizations. Title IX provides that no organization that operates educational programs may discriminate on the basis of sex if that program receives federal financial assistance Like many other federal antidiscrimination acts, the main debate under Title IX involves when a particular organization can be deemed to be "receiving" federal financial assistance. While the majority of NCAA member schools receive federal funds, the NCAA as an …
Innovation Or Illegitimacy: Remedial Receivership In Tinsley V. Kemp Public Housing Litigation, Carolyn Hoecker Luedtke
Innovation Or Illegitimacy: Remedial Receivership In Tinsley V. Kemp Public Housing Litigation, Carolyn Hoecker Luedtke
Missouri Law Review
Through an analysis of Tinsley v. Kemp,' a decade-long institutional reform case aimed at changing Kansas City, Missouri public housing, this Article engages in a case study focused on the receivership remedy in practice. Part I chronicles the decade of litigation and remedial results that turned around the troubled Kansas City Housing Authority ("Housing Authority"). Part II examines the efficacy and legitimacy of court displacement of government actors in the context of institutional reform litigation and compares receivership to other remedial alternatives. Part IMI concludes that while receivership has unique attributes, it is not a wholly extraordinary remedial measure. It …
Sentencing Guidelines: Where We Are And How We Got Here (Panel Remarks), Frank O. Bowman Iii
Sentencing Guidelines: Where We Are And How We Got Here (Panel Remarks), Frank O. Bowman Iii
Faculty Publications
The Federal Sentencing Guidelines were created with two broad goals in mind. One, of course, was to reduce unjustified sentencing disparity, and that was accomplished in two ways. The first was to reduce the scope of front-end judicial discretion through the creation of guidelines. The second, which I think Tom Hutchison touched on,1 was to eliminate altogether the discretion of penological experts in the parole commission at the back end of the punishment process.
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Recovery Of Monitoring Costs Under The Opa: Money For Nothing. United States V. Hyundai Merchant Marine Co., Ltd., Shannon N. Vahle
Recovery Of Monitoring Costs Under The Opa: Money For Nothing. United States V. Hyundai Merchant Marine Co., Ltd., Shannon N. Vahle
Journal of Environmental and Sustainability Law
No abstract provided.
May The Epa Condition Approval Of State Proposals For Administering The Npdes On Adherence To Criteria Not Enumerated In The Clean Water Act? American Forest & Paper Association V. Epa, William C. Ellis
Journal of Environmental and Sustainability Law
No abstract provided.
"Clean Water Act Compliance Audit Program For Pork Producers": How Was Such An Agreement Reached Between The Epa And The National Pork Producers? , Anita K. Chancey
"Clean Water Act Compliance Audit Program For Pork Producers": How Was Such An Agreement Reached Between The Epa And The National Pork Producers? , Anita K. Chancey
Journal of Environmental and Sustainability Law
No abstract provided.
Taking Criminal Liability Of Negligent Actors One Step Too Far. United States V. Hanousek, Tanya White
Taking Criminal Liability Of Negligent Actors One Step Too Far. United States V. Hanousek, Tanya White
Journal of Environmental and Sustainability Law
No abstract provided.
Legislative Update
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental News
Journal of Environmental and Sustainability Law
No abstract provided.