Law Commons^™

In And Out Of Public Solution: The Hidden Perils Of Property Transfer, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Predictably Incoherent Judgments, Cass R. Sunstein, Daniel Kahneman, David Schkade, Ilana Ritov

Coase-Sandor Institute for Law & Economics Research Paper Series

When people make moral or legal judgments in isolation, they produce a pattern of outcomes that they would themselves reject, if only they could see that pattern as a whole. A major reason is that human thinking is category-bound. When people see a case in isolation, they spontaneously compare it to other cases that are mainly drawn from the same category of harms. When people are required to compare cases that involve different kinds of harms, judgments that appear sensible when the problems are considered separately often appear incoherent and arbitrary in the broader context. Another major source of incoherence …

Pursuing A Remedy In Microsoft: The Declining Need For Centralized Coordination In A Networked World, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Science-Policy Disputes: Resolution Through Data Mediation, Erik S. Knutsen

Journal of Dispute Resolution

It is the aim of this article to propose a novel system of dispute resolution for disputes which turn on interpretations of complex but uncertain scientific evidence. Part II identifies a specific subset of legal disputes that can only be resolved through policy judgments from ambiguous scientific data. Recognizing the underlying commonalities of these science-policy disputes offers an opportunity to craft a single dispute resolution mechanism which may be utilized for a wide variety of disputes. Part III outlines the benefits of using a mediation-based dispute settlement mechanism, as opposed to the traditional adversary-style litigation system, for these specific types …

Arbitral Discovery Of Non-Parties, Jason F. Darnall, Richard Bales

Journal of Dispute Resolution

This article argues that the broad power approach is the better reasoned of the two. Timely discovery of important information is vital in any dispute. Further, fair results should be the goal of any dispute resolution process. The possessor of the pertinent information, i.e., whether it is held by parties or non-parties, should be irrelevant. Part II of this article describes the differences between discovery in litigation and discovery in arbitration. Part III examines the limited power approach to prehearing discovery, which restricts the power of an arbitrator to compel non-party participation in discovery to the actual hearing. Part IV …

Stop The Stay: Interrupting Bankruptcy To Conduct Arbitration - Slipped Disc, Inc. V. Cd Warehouse, Inc., Matthew Dameron

Journal of Dispute Resolution

Since its inception, arbitration has affected other practice areas of the law differently. Some practice areas, such as bankruptcy, have created special exceptions to accommodate the growth of arbitration. Arbitration's effect on the automatic stay in bankruptcy is explored in the following Note.

Hold All Arbitrations: Public Policy Invalidations Are On The Loose - Town Of Groton V. United Steelworkers Of America, Christina S. Lewis

Journal of Dispute Resolution

The United States Supreme Court has held that arbitration awards derived from collective bargaining agreements may be invalidated based on public policy. However, an arbitration award should only be invalidated if the public policy is explicit, well-defined, and dominant.' This article will examine how the Connecticut Supreme Court applied the public policy test and whether the court adequately justified its decision.

Uniform Arbitration Act: Introduction, The, Timothy J. Heinsz

Journal of Dispute Resolution

The Uniform Arbitration Act (UAA) is one of the most successful laws promulgated by the National Conference of Commissioners on Uniform State Laws (NCCUSL). Originally passed by NCCUSL in 1955, the UAA has served as the bases of arbitration statutes in some forty-eight jurisdictions. As more parties have incorporated arbitration clauses into contractual relationships, the importance of the UAA and its federal counterpart, the Federal Arbitration Act (FAA), have correspondingly increased. Supreme Court precedent at both federal and state levels abrogating the common law hostility against arbitration and replacing this attitude with and avowedly pro-arbitration doctrine has enhanced the arbitration …

Recent Developments: The Uniform Arbitration Act, Brent A. Correll, S. Jacob Sappington, David Sims, Blake J. Tompkins

Journal of Dispute Resolution

Since 1983, this annual Article 2 has been prepared to provide a survey of recent developments in the case law interpreting and applying the various state versions of the Uniform Arbitration Act3. The purpose is to promote uniformity in the interpretation of the U.A.A. by developing and explaining the underlying principles and rationales courts have applied in recent cases.4

Universal Jurisdiction: Questions Of Blind Universality, Makau Wa Mutua

Other Scholarship

No abstract provided.

The Continuous Treatment Rule: Ameliorating The Harsh Result Of The Statute Of Limitations In Medical Malpractice Cases, Melanie Fitzgerald

South Carolina Law Review

No abstract provided.

The Software Formally Known As "Carnivore": When Does E-Mail Surveillance Encroach Upon A Reasonable Expectation Of Privacy?, Manton M. Grier Jr.

South Carolina Law Review

No abstract provided.

Simmons V. Tuomey Regional Medical Center: The New South Carolina Rule On Hospital Liability For Malpractice Of Emergency Room Physicians, Mary D. Stuart

South Carolina Law Review

No abstract provided.

South Carolina's Inevitable Adoption Of The Inevitable Disclosure Doctrine: Balancing Protection Of Trade Secrets With Freedom Of Employment, Keith A. Roberson

South Carolina Law Review

No abstract provided.

Belk Of Spartanburg, S.C. V. Thompson: An Overview And Analysis Of The Techniques Employed To Value Minority Interests In Closely Held Corporations In Dissenters' Rights Cases, Joshua R. Williams

South Carolina Law Review

No abstract provided.

Do We Have A Right To Common Goods?, Andrei Marmor

Cornell Law Faculty Publications

Individuals have rights. I will assume that this means that individuals have interests which are important enough to justify the imposition of duties on others in order to secure those interests. Groups of individuals, such as nations or ethnic minorities, plausibly have rights as well. Groups of individuals may have group interests appropriately protected by the imposition of duties on others, typically, on governments, or on other larger political entities. My concern in this essay is with the question of what individuals or groups may have a right to. In particular I want to explore the question of whether people …

Were There Adequate State Grounds In Bush V. Gore?, Michael L. Wells

Scholarly Works

Few Supreme Court decisions provoke the immediate and intensely negative verdict that law professors passed on Bush v. Gore. Some of the criticism is deserved. Others have questioned whether the ruling rests on any general principle at all, given the care the Court took to limit its reasoning to the extraordinary circumstances of the Florida presidential election.

It is all too easy to leap from this well-founded critique of the Court's reasoning to the conclusion that the majority – all of whom were appointed by Republican presidents – were bent on installing George W. Bush in the White House by …

Judges, Prosecutors, Jurors, And Organized Labor: Four Perspectives Of Corporate Citizenship, Noel Beasley, Janine P. Geske, Valerie P. Hans, E. Michael Mccann, Frank Daily

Cornell Law Faculty Publications

Some people argue that the civil jury is in decline. They argue that it's not really so important to be focusing on jurors and jurors' views about corporate responsibility as it might have been in prior times. I want to raise some arguments in favor of the continuing importance of the civil jury. First of all, the cases that juries try may be very important cases in terms of the company and in terms of the role of the company vis-a-vis government regulation. Jurors are symbolic representatives of the public in the courtroom. Finding out what juries do when they …

Prosecuting Conduit Campaign Contributions - Hard Time For Soft Money, Robert D. Probasco

Faculty Scholarship

In recent years, there have been several high-profile prosecutions for violations of the Federal Election Campaign Act, involving contributions nominally by one individual but funded or reimbursed by another individual deemed to be the true contributor. Prosecutions of these “conduit contribution” cases have been surprising in at least three significant respects. First, the prosecutions have been based on violations of FECA’s reporting requirements and may not have involved any violations of the substantive prohibitions or limitations of contributions. Second, the defendants were the donors rather than campaign officials who actually filed reports with FECA. Third, the cases were prosecuted as …

A Tribute To Professor Melvin G. Shimm

Law and Contemporary Problems

No abstract provided.

Foreword, Francis Mcgovern

Law and Contemporary Problems

No abstract provided.

Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch

Law and Contemporary Problems

No abstract provided.

The Nontrial Adversarial Model, Joel Seligman

Law and Contemporary Problems

No abstract provided.

A Comparison Of Trading Models Used For Calculating Aggregate Damages In Securities Litigation, Michael Barclay, Frank C. Torchio

Law and Contemporary Problems

No abstract provided.

Beyond “It Just Ain’T Worth It”: Alternative Strategies For Damage Class Action Reform, Deborah R. Hensler, Thomas D. Rowe Jr.

Law and Contemporary Problems

No abstract provided.

Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch

Law and Contemporary Problems

No abstract provided.

Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus

Law and Contemporary Problems

No abstract provided.

Upsetting The Balance Between Adverse Interests: The Impact Of The Supreme Court’S Trilogy On Expert Testimony In Toxic Tort Litigation, Margaret A. Berger

Law and Contemporary Problems

No abstract provided.

Scientific Misconceptions Among Daubert Gatekeepers: The Need For Reform Of Expert Review Procedures, Jan Beyea, Daniel Berger

Law and Contemporary Problems

No abstract provided.

Kumho And How We Know, Joseph Sanders

Law and Contemporary Problems

No abstract provided.