Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2002

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 7471 - 7500 of 8339

Full-Text Articles in Law

Shattering Negotiation Myths: Empirical Evidence On The Effectiveness Of Negotiation Style, Andrea Kupfer Schneider Jan 2002

Shattering Negotiation Myths: Empirical Evidence On The Effectiveness Of Negotiation Style, Andrea Kupfer Schneider

Faculty Publications

This article provides a current look at how lawyers actually negotiate and should serve to shatter the myth that adversarial bargaining is more effective and less risky than problem-solving. The data reported herein is based on a wide-ranging study that asked lawyers to evaluate the negotiation styles and the resulting effectiveness of other lawyers. First, the study shows that effective negotiators exhibit certain identifiable skills. For example, the research indicates that a negotiator who is assertive and empathetic is perceived as more effective. The study also reveals distinctive characteristics of ineffective negotiators, who are more likely to be stubborn, arrogant, …

Go to article

Can A State Waive Its Immunity By Removing A Case From State To Federal Court?, Jay E. Grenig Jan 2002

Can A State Waive Its Immunity By Removing A Case From State To Federal Court?, Jay E. Grenig

Faculty Publications

No abstract provided.

Go to article

Incentives To Create Under A "Lifetime-Plus-Years" Copyright Duration: Lessons From A Behavioral Economic Analysis For Eldred V. Ashcroft, Avishalom Tor, Dotan Oliar Jan 2002

Incentives To Create Under A "Lifetime-Plus-Years" Copyright Duration: Lessons From A Behavioral Economic Analysis For Eldred V. Ashcroft, Avishalom Tor, Dotan Oliar

Journal Articles

In this Article, we highlight for the first time some of the significant but hitherto unrecognized behavioral effects of copyright law on individuals' incentives to create and then examine the implications of our findings for the constitutional analysis of Eldred v. Ashcroft. We show that behavioral biases - namely, individuals' optimistic bias regarding their future longevity and their sub-additive judgments in circumstances resembling the extant rule of copyright duration - explain the otherwise puzzling lifetime-plus-years basis for copyright protection given to individual authors, and reveal how this regime provides superior incentives to create. Thus, insofar as the provision of increased …

Go to article

E Pluribus Unum: The Aftermath Of September 11, Gerard V. Bradley Jan 2002

E Pluribus Unum: The Aftermath Of September 11, Gerard V. Bradley

Journal Articles

September 11 forged an American unity not seen since Pearl Harbor. We shelved our political differences, put the culture war on simmer, and lost interest in celebrity scandal (think of Gary Condit). Americans rallied behind our Commander-in-Chief, and we agreed that our lives would never be the same. America’s vacation from history had ended, and we had forever lost our innocence and our perceived immunity from harm. When our Commander-in-Chief said that a return to “normalcy” would deny Bin Laden his victory, we rallied behind that, too.

Go to article

Pre-Emption And Exception: The Us Moves Beyond Unilaterism, Mary Ellen O'Connell Jan 2002

Pre-Emption And Exception: The Us Moves Beyond Unilaterism, Mary Ellen O'Connell

Journal Articles

The Administration of George W. Bush is by now famous for its unilateralism. In its first months in office, the Administration made clear that it would not cooperate in major multilateral initiatives on the environment, arms control, and human rights. The September 11 attacks caused a momentary lull in the pursuit of unilateralism, but by November 2001, the lull was over. Unilateralism was back in full swing. Unilateralism, however, does not necessarily violate international law. The international legal system was formed to accommodate independent, sovereign states. It provides plenty of space for states to »go it alone.« And while it …

Go to article

American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell Jan 2002

American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell

Journal Articles

Following the September 11th attacks in the United States (U.S.), one could make a case for America's use of force in Afghanistan as a lawful exercise of the right of self-defense. But the proposals to invade Iraq following September 11th cannot be so defended. Those proposals did not concern defending the basic security of the U.S. in the sense that basic security defense is currently understood in the international community. They concerned, rather, defense of a more expansive concept of security, a concept wherein the U.S. need not tolerate antagonistic regimes with the potential to harm U.S. interests. The invasion …

Go to article

The Internationalization Of Legal Relations, Roger P. Alford Jan 2002

The Internationalization Of Legal Relations, Roger P. Alford

Journal Articles

What exactly does it mean to say that "legal relations" are becoming "internationalized"? For me, the concept is in large measure a vertical question: the degree to which international law is affecting (some might say encroaching on) traditional domestic law, particularly state law. This is particularly so with treaty law. In the United States at least, internationalization might be thought of as simply another arm of federalism, with Congress stipulating that certain sales of goods will be governed by international law, not the Uniform Commercial Code. Or that a certain category of child adoptions will be governed by federal treaty …

Go to article

Book Review Of Mental Disability In Victorian England: The Earlswood Asylum 1847-1901, Michael Ashley Stein Jan 2002

Book Review Of Mental Disability In Victorian England: The Earlswood Asylum 1847-1901, Michael Ashley Stein

Faculty Publications

No abstract provided.

Go to article

Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein Jan 2002

Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein

Faculty Publications

No abstract provided.

Go to article

The Relationship Between Sex Role Stereotypes, Domestic Violence Training, History Of Law Enforcement Involvement, And Law Enforcement Officer's Perceptions Of A Domestic Violence Incident, Kristen M. Schuch Jan 2002

The Relationship Between Sex Role Stereotypes, Domestic Violence Training, History Of Law Enforcement Involvement, And Law Enforcement Officer's Perceptions Of A Domestic Violence Incident, Kristen M. Schuch

Masters Theses

This study examined how police officers perceptions of a domestic violence situation are influenced by sex role stereotypes, domestic violence training and history of police intervention. Participants were police officers employed in sheriff's departments or city police departments. Officers received several surveys and a vignette describing a domestic violence scene. Officers were given one of two vignettes, one describing a situation in which there have been previous calls to the address and one in which this is the first call and were then asked several questions to assess their perceptions. Sex role stereotypes were assessed using the Sex Role Egalitarianism …

Go to article

Investment Responsibility In Northern Ireland: The Macbride Principles Of Fair Employment, Neil J. Conway Jan 2002

Investment Responsibility In Northern Ireland: The Macbride Principles Of Fair Employment, Neil J. Conway

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Go to article

Biotechnology And The New Property Regime In Human Bodies And Body Parts, Remigius N. Nwabueze Jan 2002

Biotechnology And The New Property Regime In Human Bodies And Body Parts, Remigius N. Nwabueze

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Go to article

Separating Conjoined Twins: Legal Reverberations Of Jodie And Mary's Predicament, Jennifer N. Sawday Jan 2002

Separating Conjoined Twins: Legal Reverberations Of Jodie And Mary's Predicament, Jennifer N. Sawday

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Go to article

Recognizing The Need For Uniform International Regulation Of Developing Biotechnology: A Focus On Genetic Experimentation, Paul Hanna Jan 2002

Recognizing The Need For Uniform International Regulation Of Developing Biotechnology: A Focus On Genetic Experimentation, Paul Hanna

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Go to article

A "Freshman" Takes Charge: Judge John J. Parker Of The United States Court Of Appeals, 1925-1930, Peter G. Fish Jan 2002

A "Freshman" Takes Charge: Judge John J. Parker Of The United States Court Of Appeals, 1925-1930, Peter G. Fish

Faculty Scholarship

No abstract provided.

Go to article

Developing Effective Processes Of American Indian Constitutional And Governmental Reform: Lessons From The Cherokee Nation Of Oklahoma, Hualapi Nation, Navajo Nation, And Northern Cheyenne Tribe, Eric Lemont Jan 2002

Developing Effective Processes Of American Indian Constitutional And Governmental Reform: Lessons From The Cherokee Nation Of Oklahoma, Hualapi Nation, Navajo Nation, And Northern Cheyenne Tribe, Eric Lemont

American Indian Law Review

No abstract provided.

Go to article

Trifederalism In The Aftermath Of Teague: The Interaction Of State And Tribal Courts In Wisconsin, Carol Tebben Jan 2002

Trifederalism In The Aftermath Of Teague: The Interaction Of State And Tribal Courts In Wisconsin, Carol Tebben

American Indian Law Review

No abstract provided.

Go to article

Federal Acknowledgement Of Indian Tribes: Current Bia Interpretations Of The Federal Criteria For Acknowledgement With Respect To Several Northwest Tribes, Rosemary Sweeney Jan 2002

Federal Acknowledgement Of Indian Tribes: Current Bia Interpretations Of The Federal Criteria For Acknowledgement With Respect To Several Northwest Tribes, Rosemary Sweeney

American Indian Law Review

No abstract provided.

Go to article

Cultural Tourism: Exploration Or Exploitation Of American Indians?, Kristal Markowitz Jan 2002

Cultural Tourism: Exploration Or Exploitation Of American Indians?, Kristal Markowitz

American Indian Law Review

No abstract provided.

Go to article

The Duckwater Shoshone Drug Court, 1997-2000: Melding Traditional Dispute Resolution With Due Process, Ronald Eagleye Johnny Jan 2002

The Duckwater Shoshone Drug Court, 1997-2000: Melding Traditional Dispute Resolution With Due Process, Ronald Eagleye Johnny

American Indian Law Review

No abstract provided.

Go to article

Winner, Best Appellate Brief In The 2001 Native American Law Student Association Moot Court Competition, Nicholas K. Rohner, Raj Mehta Jan 2002

Winner, Best Appellate Brief In The 2001 Native American Law Student Association Moot Court Competition, Nicholas K. Rohner, Raj Mehta

American Indian Law Review

No abstract provided.

Go to article

The Historical Development Of American Indian Tribes; Their Recent Dramatic Commercial Advancement; And A Discussion Of The Eligibility Of Indian Tribes Under The Bankruptcy Code And Related Matters, R. Spencer Clift Iii Jan 2002

The Historical Development Of American Indian Tribes; Their Recent Dramatic Commercial Advancement; And A Discussion Of The Eligibility Of Indian Tribes Under The Bankruptcy Code And Related Matters, R. Spencer Clift Iii

American Indian Law Review

No abstract provided.

Go to article

State Income Taxation Of Nonmember Indians In Indian Country, Jennifer Nutt Carleton Jan 2002

State Income Taxation Of Nonmember Indians In Indian Country, Jennifer Nutt Carleton

American Indian Law Review

No abstract provided.

Go to article

Treaty Fishing Rights: A Habitat Right As Part Of The Trinity Of Rights Implied By The Fishing Clause Of The Stevens Treaties, O. Yale Lewis Iii Jan 2002

Treaty Fishing Rights: A Habitat Right As Part Of The Trinity Of Rights Implied By The Fishing Clause Of The Stevens Treaties, O. Yale Lewis Iii

American Indian Law Review

The fishing right guaranteed by the fishing clause of the Stevens Treaties between the United States and the Indians of Western Washington should be considered a trinity of rights: a right of access, a right of equitable apportionment, and a habitat right. While seven different Supreme Court decisions and scores of lower court decisions examine the contours of the first two elements of the fishing right, the contours of the final element of the right remain unsettled. No appeals court has ruled on whether there, is an implied habitat right. While some trial courts have skirted the issue, only one …

Go to article

"With A Very Great Blame On Our Hearts": Reparations, Reconciliation, And An American Indian Plea For Peace And Justice, William Bradford Jan 2002

"With A Very Great Blame On Our Hearts": Reparations, Reconciliation, And An American Indian Plea For Peace And Justice, William Bradford

American Indian Law Review

No abstract provided.

Go to article

Industrial Hemp: The Crop For The Seventh Generation, Robin Lash Jan 2002

Industrial Hemp: The Crop For The Seventh Generation, Robin Lash

American Indian Law Review

No abstract provided.

Go to article

Winner, Best Appellate Brief In The 2002 Native American Law Student Association Moot Court Competition, Michelle A. Carr, Cara Hair Jan 2002

Winner, Best Appellate Brief In The 2002 Native American Law Student Association Moot Court Competition, Michelle A. Carr, Cara Hair

American Indian Law Review

No abstract provided.

Go to article

Can't We Play Too?: The Legality Of Excluding Preparatory Players From The Nba, Thomas Lombardi Jan 2002

Can't We Play Too?: The Legality Of Excluding Preparatory Players From The Nba, Thomas Lombardi

Vanderbilt Journal of Entertainment & Technology Law

This Note illustrates the legal action necessary to secure a high school underclassman's eligibility to compete in the NBA. Following the precedent established by Spencer Haywood in his suit against the NBA, a case factually analogous to the present issue, the NBA faces an anti-trust action alleging a group boycott in violation of Section I of the Sherman Act. However, incorporating the high school graduation rule into a collective bargaining agreement precludes a straightforward antitrust analysis and necessarily implicates the nonstatutory labor exemption. This Note suggests that even under an analysis favorable to the challenging preparatory player, the nonstatutory exemption …

Go to article

The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick Jan 2002

The Recording Industry, Minimum Advertised Pricing Policies And Non-Price Vertical Restraints Of Trade, M. Courtney Mccormick

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the recording industry's cooperative advertising programs do not run afoul of federal antitrust laws and, in fact, promote interbrand competition. It examines the implications of the cooperative advertising programs adopted by record companies in light of current federal antitrust law. Contrary to claims made by the FTC, the recording industry's actions can withstand antitrust scrutiny because Minimum Advertised Pricing ("MAP") policies serve pro-competitive business purposes. As will be discussed in further detail below, the recording industry has a legitimate interest in pursuing policies that help traditional music retailers stay in business in the face of crippling …

Go to article

Emerging Issues In Sports Law: Symposium Transcript, Steve Underwood, Christopher Whitson Jan 2002

Emerging Issues In Sports Law: Symposium Transcript, Steve Underwood, Christopher Whitson

Vanderbilt Journal of Entertainment & Technology Law

First we manage our litigation and clients. And we have a wide range of claims and suits to take care of. There are league-wide suits. There are labor arbitrations. There are player suits, from time-to-time. And you know the Corey Stringer case that's been filed in Minnesota, for example. We had a somewhat similar experience a few years ago that ended up as a ... cert. denied case of the United States Supreme Court, Smith v. Houston Oilers, a 1996 Fifth Circuit case .... We have a lot of workers' comp problems in our business. Our workcomp expense this year …

Go to article

First Prev Next Last