Law Commons^™

George Anastaplo: An Autobiographical Bibliography (1947-2001), George Anastaplo

Northern Illinois University Law Review

Includes public papers, books, other publications, talks and papers, and selected letters to editors.

Law & Literature And The Moderns: Explorations, George Anastaplo

Northern Illinois University Law Review

Law and Literature courses are intended, at least in part, to supply the sound moral understanding as well as the elementary intellectual skills that law students need before they can learn to read in the way that is needed for a profession which very much depends upon disciplined reading and writing. Unfortunately, many if not most of the texts drawn upon in the Law and Literature courses are, or are treated as if they were, of the third or fourth rank. These are texts which are mined in such courses for "cases" and legal issues rather than approached as texts …

Identity, Conflict And Cooperation In International River Basins, Jack V. Kalpakian

Graduate Program in International Studies Theses & Dissertations

This dissertation tests the hypothesis that water disputes cause serious conflict within and between states. It uses a structured case study approach to see whether there is a link between the independent and dependent variables. It also considers the effect of other variables on serious conflict. Specifically it addresses the effects of national identity and the othering process on conflict. The three case studies are built around rivers in the drier parts of the world. This biases the dissertation towards affirming the established mainstream hypothesis which states that water disputes cause serious conflict. In all three cases, historical animosities and …

Museletter: Summer 2000, Gail F. Zwirner

Museletter

Table of Contents:

Welcome Summer Entry Students

Website of the Month: BestJobsUSA.com

At the Movies: Rules of Engagement by Gail Zwirner

Richmond Goes Hollywood: The City's Movie Trivia

Summer Library Hours

Meet the Library's Public Service Staff

Introduction, Kristin Booth Glen

City University of New York Law Review

No abstract provided.

Legal Education And The Role Of Law Schools In Defining And Training Lawyers For Public Interest Practice In The Twenty-First Century, James A. Cohen, Bonnie Forest, Robert F. Drinan, Deborah L. Rhode, William L. Robinson, Catherine Samuels

City University of New York Law Review

No abstract provided.

The Role Of The Private Bar And Pro Bono Service In Meeting The Legal Needs Of The Twenty-First Century, John S. Kiernan, Michael Hertz, James C. Moore, Judith Billings, Andrea Pair Bryant, William J. Dean, Tom Maligno, Sandy Rousseau, Marlene Halpern, John Acmadus

City University of New York Law Review

No abstract provided.

Biographies Of Speakers Symposium

City University of New York Law Review

No abstract provided.

Fourth Annual W. Haywood Burns Memorial Lecture: Discrimination In The New York Criminal Justice System Address, Robert L. Carter

City University of New York Law Review

No abstract provided.

Can Law Schools Teach Students To Do Good? Legal Education And The Future Of Legal Services For The Poor, Stephen Wizner

City University of New York Law Review

No abstract provided.

My Lai: An American Tragedy, William G. Eckhardt

Faculty Works

No abstract provided.

Creating A New Law School, Charles R. Halpern

City University of New York Law Review

No abstract provided.

The Politics Of The Possible: Personal Reflections On A Decade At The City University Of New York School Of Law, Ruthann Robson

City University of New York Law Review

No abstract provided.

Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel

Journal of Dispute Resolution

As negligent retention theories continue to grow, courts will inevitably address these questions. This article will offer a brief introduction to the tort of negligent retention and related doctrines and will discuss how courts will accommodate them within traditional labor law principles. Despite my impulsive reaction that negligent retention poses a threat to arbitration, I conclude that, for the most part, negligent retention and labor arbitration can coexist peacefully.

Mediating Citizen Complaints Against The Police: An Exploratory Study , Samuel Walker, Carol Archbold

Journal of Dispute Resolution

This article examines the subject of mediating citizen complaints against the police. It reviews the history of citizen complaints, presents data on existing police complaint mediation programs, and discusses the potential contributions of mediation to police accountability.

Foreword, Leonard L. Riskin

Journal of Dispute Resolution

In 1994, I proposed the idea of charting a mediator's role on a facilitative evaluative continuum. Since that time, the notion surely has generated at least as much heat as light. In this Symposium, we are fortunate to have a lead article and final reflections by Professor Jeffrey Stempel, one of the most thoughtful and prolific commentators on this issue. Professor Stempel's argument that eclecticism in mediation is inevitable is well-honed, and yet our distinguished commentators - Gary Gill-Austem, Richard Birke, Kim Kovach, Lela Love, Jon Lande, and Zena Zumeta - found much to say about it.

Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P, Love

Journal of Dispute Resolution

The thesis of this essay is that when mediators try to resolve a controversy by providing their analysis fo the legal - or other- merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral's judgment, award or opinion to determine or jump-start a resolution. That add-on activity to mediation should be called by its proper name. This essay will not review the many reasons that a single neutral combining the roles of facilitator and evaluator is problematic, since that has been done extensively elsewhere.' Instead, in part one, we highlight …

Evaluation And Facilitation: Moving Past Either/Or, Richard Birke

Journal of Dispute Resolution

In this essay, I argue that there is no such thing as a purely facilitative mediation of a legal dispute. Neither is there such a thing as a purely evaluative mediation of a legal dispute. Mediation of legal disputes is, by its nature, always facilitative and evaluative. The evaluative-facilitative divide is an artificial artifact of history. Following this introduction, I offer a brief description of the development of the field of legal mediation, and I attempt to place the Riskin grid in historical context. I then hope to push the debate toward a new moment, one in which all mediation …

Toward More Sophisticated Mediation Theory, John Lande

Journal of Dispute Resolution

Some of these benefits are due to the particular arguments of facilitation proponents, while others involve a general development of the field resulting from the debate. The first benefit is that facilitation proponents have highlighted how mediation can promote many important values such as party self-determination, and they have cautioned about risks of unfairness created by mediator evaluation as described in Part III. Second, the facilitation-evaluation debate has stimulated a better appreciation of the appropriateness of these techniques in different types of cases, as described in Part IV. Third, the debate has contributed to reducing ill-considered evaluation practice, as discussed …

Identifying Real Dichotomies Underlying The False Dichotomy: Twenty-First Century Mediation In An Eclectic Regime, Jeffrey W. Stemple

Journal of Dispute Resolution

Preparation for the University of Missouri's lecture on dispute resolution and consideration of commentary prompted additional thoughts on the issue and a more refined perspective on the issue of facilitation-versus-evaluation and its role in the continued development of modem ADR. Rather than attempt to fine-tune a completed article, this reply will address the additional perspectives as well as note points of distinct conflict or quibble with commentators. First, this reply provides some additional assessment framing the facilitative-evaluative debate as well as a modified brief in support of the legitimacy of some elements of evaluation in the eclectic mediation that is …

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

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.

Ogburn-Matthews V. Loblolly Partners: Procedural Due Process And An Individual's Right To An Adjudicatory Hearing, Pamela A. Baker

South Carolina Law Review

No abstract provided.

Abbeville County School District V. State: The Right To A Minimally Adequate Education In South Carolina, Jennifer L. Fogle

South Carolina Law Review

No abstract provided.

Circumventing The Fourth Amendment Via The Special Needs Doctrine To Prosecute Pregnant Drug Users: Ferguson V. City Of Charleston, Carmen Vaughn

South Carolina Law Review

No abstract provided.

Maintaining The Privacy Of Personal Information: The Dppa And The Right Of Privacy, Maureen Maginnis

South Carolina Law Review

No abstract provided.

Attorney Association With Living Trust Marketing Firms: Examining The Legal Issues, Deric James Barnes

South Carolina Law Review

No abstract provided.

Futch V. Mcallister Towing, Inc.: Transforming The Punitory Effect Of A Breach Of The Employee Duty Of Loyalty, Stacy Gray

South Carolina Law Review

No abstract provided.

Ancient, Antiquated & Archaic: South Carolina Fails To Embrace The Rule That A Grantor May Reserve An Easement In Favor Of A Third Party, John E. Lansche Jr.

South Carolina Law Review

No abstract provided.

Title Page

Southeastern Environmental Law Journal

No abstract provided.