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Full-Text Articles in Law

Losing The Audit Lottery: Corporate Tax Shelters And Judicial Doctrine, Elena Eracleous Jan 2000

Losing The Audit Lottery: Corporate Tax Shelters And Judicial Doctrine, Elena Eracleous

Fordham Journal of Corporate & Financial Law

No abstract provided.


Alternative Dispute Resolution At The Environmental Protection Agency, Joel B. Eisen Jan 2000

Alternative Dispute Resolution At The Environmental Protection Agency, Joel B. Eisen

Law Faculty Publications

This chapter examines how the U.S. Environmental Protection Agency (EPA) uses alternative dispute resolution (ADR) methods to help resolve complex environmental disputes. In recent years, the EPA's use of ADR has increased dramatically in a wide variety of settings. The EPA has made ADR a central feature of its environmental enforcement strategy, encouraged its use in Title VI and environmental justice conflict settings, and turned to negotiated rulemaking as an alternative to the cumbersome notice-and-comment process for the development of new federal regulations. Other EPA programs, such as the Brownfields Economic Redevelopment Initiative, promote nonadversarial methods for tackling complex environmental …


Adr, The Judiciary, And Justice: Coming To Terms With The Alternatives, Erin Ryan Jan 2000

Adr, The Judiciary, And Justice: Coming To Terms With The Alternatives, Erin Ryan

Scholarly Publications

Any discussion of recent developments in civil litigation must address the virtual revolution that has taken place regarding alternative dispute resolution (ADR). Attorneys have witnessed a steady growth in their clients' recourse to ADR in place of lawsuits, and ADR is increasingly incorporated into the litigation process by the judiciary itself--in the form of court-annexed arbitration, mediation, summary jury trials, early neutral evaluation, and judicial settlement conferences. "Alternative" models of dispute resolution have inarguably penetrated the mainstream; the relevant question now is how they will change it. The judicial embrace of ADR presents opportunities and concerns that distinguish court-annexed programs …


The Inevitability Of The Eclectic: Liberating Adr From Ideology, Jeffrey W. Stempel Jan 2000

The Inevitability Of The Eclectic: Liberating Adr From Ideology, Jeffrey W. Stempel

Scholarly Works

The problem with viewing facilitation as the only legitimate form of mediation, of course, is that it borders on tautology: mediation is nonevaluative, therefore any evaluation in mediation must be impermissible. Although this view remains strongly held in many quarters, it appears to be in retreat, both within the mediation community and in the legal community at large. Courts and commentators have shown increasing favor toward some evaluative or advising component of mediation. More important, the eclectic style appears to be what takes place in the metaphorical trenches of mediation practice (although sound empirical data is necessarily hard to obtain …


Adr In Cyberspace, Stephen Ware, Sarah Rudolph Cole Dec 1999

Adr In Cyberspace, Stephen Ware, Sarah Rudolph Cole

Stephen Ware

Introduction to symposium on dispute resolution in cyberspace.