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Full-Text Articles in Law

Investigating The Convention On Biological Diversity's Protections For Traditional Knowledge , Jennifer Amiott Nov 2003

Investigating The Convention On Biological Diversity's Protections For Traditional Knowledge , Jennifer Amiott

Journal of Environmental and Sustainability Law

No abstract provided.


Recent Environmental Law News Nov 2003

Recent Environmental Law News

Journal of Environmental and Sustainability Law

No abstract provided.


Cercla's Federally Required Date "Cleans Up The Mess" In Toxic Tort Litigation. Freier V. Westinghouse Elec. Corp., Kelly E. Shamel Nov 2003

Cercla's Federally Required Date "Cleans Up The Mess" In Toxic Tort Litigation. Freier V. Westinghouse Elec. Corp., Kelly E. Shamel

Journal of Environmental and Sustainability Law

No abstract provided.


The Effect Of Wetland Restoration Agreements Under The Swampbuster Act. Branstad V. Veneman, Laurie J. Widenhoff Nov 2003

The Effect Of Wetland Restoration Agreements Under The Swampbuster Act. Branstad V. Veneman, Laurie J. Widenhoff

Journal of Environmental and Sustainability Law

No abstract provided.


Ada's Reasonable Accommodation Requirement And Innocent Third Parties, The, Alex B. Long Nov 2003

Ada's Reasonable Accommodation Requirement And Innocent Third Parties, The, Alex B. Long

Missouri Law Review

Applying the Americans with Disabilities Act had proven to be a difficult challenge. This Article suggests that the most effective and equitable method of dealing with many of the most difficult accommodation issues is to focus on the effect that providing an accommodation would have on other employees.


Coping With Cafos: How Much Notice Must A Citizen Give - Community Ass'n For Restoration Of The Environment V. Henry Bosma Dairy, Martin A. Miller Nov 2003

Coping With Cafos: How Much Notice Must A Citizen Give - Community Ass'n For Restoration Of The Environment V. Henry Bosma Dairy, Martin A. Miller

Missouri Law Review

In the context of reviewing Community Ass’n for Restoration of the Environment v. Henry Bosma Dairy, this Note focuses on what constitutes sufficient notice and suggests how citizen groups should handle additional violations discovered after suit has been filed. Although the Ninth Circuit had previously taken a fairly strict approach in interpreting notice requirement, Bosma Dairy indicates a shift toward a more forgiving approach by allowing the plaintiff to include certain non-noticed violations in its lawsuit. This urges the continued movement away from a rigid and formalistic approach.


Having Failed To Defend, An Insurer Can Still Argue Lack Of Coverage - Royal Insurance Co. Of America V. Kirksville College Of Osteopathic Medicine, Inc., Matthew Towns Nov 2003

Having Failed To Defend, An Insurer Can Still Argue Lack Of Coverage - Royal Insurance Co. Of America V. Kirksville College Of Osteopathic Medicine, Inc., Matthew Towns

Missouri Law Review

This Note explores the consequences of an insurer’s breach of the duty to defend under Missouri case law. It also examines the theories applied in other states in support of the position that a breach of the duty to defend entails loss of the right to argue lack of coverage. The Note concludes that the holding in Royal insurance Co. of America v. Kirksville College of Osteopathic Medicine, Inc. resolved a burgeoning controversy by clarifying insurers’ rights to an extent unknown in other jurisdictions.


Drop The Shoe: A Law Of Personal Jurisdiction, Douglas D. Mcfarland Nov 2003

Drop The Shoe: A Law Of Personal Jurisdiction, Douglas D. Mcfarland

Missouri Law Review

Personal jurisdiction standards outlined in International Shoe Co. v. Washington have proven to be inadequate. This Article begins in Part II with an examination of the origins of the International Shoe minimum contacts test, and then in Part III analyzes and critiques the opinion and the test. Part IV looks at later Supreme Court cases that attempt to refine and apply the test, and Part V looks at the same pattern for other federal courts and state courts. These Parts lead to the conclusion that the minimum contacts test should be abandoned in favor of a new law for personal ...


Class Actions And Ex Parte Communications: Can We Talk, Douglas R. Richmond Nov 2003

Class Actions And Ex Parte Communications: Can We Talk, Douglas R. Richmond

Missouri Law Review

The subject of ex parte communications with class members is a murky one. Here the rules of civil procedure and professional responsibility overlap as in no other area, and case law is relatively scarce. Insofar as class actions are litigated in federal courts, another problem is that many of the decisions on this subject are district court decisions, which lack precedential force. In sum, lawyers’ need for guidance in this area is significant and seems destined to grow in importance as class action litigation continues to spread.


Plea Best Not Taken: Why Criminal Defendants Should Avoid The Alford Plea, A, Bryan H. Ward Nov 2003

Plea Best Not Taken: Why Criminal Defendants Should Avoid The Alford Plea, A, Bryan H. Ward

Missouri Law Review

After examining the North Carolina v. Alford decision in detail, this Article will first look at the broad arguments in favor of this type of plea. This Article will then focus on the body of case law dealing with the Alford plea and its effect on sentencing, probation and parole. While examining these cases this Article will also focus on the variety of arguments offered by criminal defendants who contend that it is impermissible to require an Alford-type defendant to express remorse for the offense or admit to the offense in any other context. This Article will conclude by reevaluating ...


Understanding The Difference Between The Right To Subrogation And Assignment Of An Inusrance Claim - Keisker V. Farmer, Jennifer A. Bueler Nov 2003

Understanding The Difference Between The Right To Subrogation And Assignment Of An Inusrance Claim - Keisker V. Farmer, Jennifer A. Bueler

Missouri Law Review

Trinity Universal Insurance Company wrote a policy that did not expressly create an assignment of its policyholder’s future claims and, as a result, recovered only a fraction of the amount it paid to the policyholder. Had Trinity carefully drafted its policy to create an assignment of the insured’s claims, it might have recovered the entire amount from those responsible for the damages. For this reason, insurance companies need to understand the difference between assignment and subrogation. Furthermore, insured individuals need to understand this distinction so that they are aware of their own rights and obligations.


We Didn't Know Any Better Defense: The Eighth Circuit's View Of Qualified Immunity For Jail Officers Who Detain Arrestees - Hill V. Mckinley, The, William E. Roberts Nov 2003

We Didn't Know Any Better Defense: The Eighth Circuit's View Of Qualified Immunity For Jail Officers Who Detain Arrestees - Hill V. Mckinley, The, William E. Roberts

Missouri Law Review

The Supreme Court has imparted the old common-law immunity to law-enforcement officers in actions for violations of constitutional rights. Defendants no longer have to stand trial on a federal claim for damages based on their unconstitutional actions unless a court has previously established with sufficient clarity and particularity that such actions are indeed a constitutional violation. Through examination of Hill v. McKinley, this Note argues that "qualified immunity" is beginning to be extended beyond its intended use.


Table Of Contents Nov 2003

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


Protection Of Traditional Biodiversity-Related Knowledge: Analysis Of Proposals For The Adoption Of A Sui Generis System , Eliana Torelly De Carvalho Nov 2003

Protection Of Traditional Biodiversity-Related Knowledge: Analysis Of Proposals For The Adoption Of A Sui Generis System , Eliana Torelly De Carvalho

Journal of Environmental and Sustainability Law

No abstract provided.


Property Damage In The Environmental Context: When Contaminated Carbon Dioxide Contaminates Carbonated Drinks. National Union Fire Ins. Co. Of Pittsburgh, P.A. V. Terra Industries, Inc. , Adam Kruse Nov 2003

Property Damage In The Environmental Context: When Contaminated Carbon Dioxide Contaminates Carbonated Drinks. National Union Fire Ins. Co. Of Pittsburgh, P.A. V. Terra Industries, Inc. , Adam Kruse

Journal of Environmental and Sustainability Law

No abstract provided.


Court Reports. United States District Reports Nov 2003

Court Reports. United States District Reports

Journal of Environmental and Sustainability Law

No abstract provided.


Missouri Legislative Update Nov 2003

Missouri Legislative Update

Journal of Environmental and Sustainability Law

No abstract provided.


Ten Things Deans Can Do With Students, R. Lawrence Dessem Oct 2003

Ten Things Deans Can Do With Students, R. Lawrence Dessem

Faculty Publications

A healthy relationship with students is beneficial to one's deanship, law school, and to the dean herself. An experienced provost once told me that serving as dean was the best job that he had ever had because he still had significant contact with students. Deans should take advantage of the possibilities for student interactions that their deanships afford them. What follows is my “top ten list” of ways in which deans can build a positive relationship with their students.


Pay Secrecy/ Confidentiality Rules And The National Labor Relations Act, Rafael Gely, Leonard Bierman Oct 2003

Pay Secrecy/ Confidentiality Rules And The National Labor Relations Act, Rafael Gely, Leonard Bierman

Faculty Publications

This article seeks to provide a comprehensive account of doctrinal issues related to the use of pay secrecy/confidentiality rules (“PSC rules”) under the NLRA. In Part II, we describe what pay secrecy/confidentiality is and discuss recent survey evidence of their presence in workplaces across the United States. In Part III, we describe the current legal framework under which PSC rules are evaluated under the NLRA, while in Parts IV and V, we explore various doctrinal issues related to these rules in more detail. This leads us to Part VI, where we ponder the future of PSC rules under ...


Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow Jul 2003

Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow

Journal of Dispute Resolution

Does the field of conflict resolution have any broadly applicable theories that "work" across the different domains of international and domestic conflict? Or, are contexts, participants, and resources so "domain" specific and variable that only "thick descriptions" of particular contexts will do? These are important questions which have been plaguing me in this depressing time for conflict resolution professionals, from September 11, 2001 (9/11), to the war against Iraq. Have we learned anything about conflict resolution that really does improve our ability to describe, predict, and act to reduce unnecessary and harmful conflict? These are the questions I want ...


General Theory On Disputes And Conflicts, A, Raymond Shonholtz Jul 2003

General Theory On Disputes And Conflicts, A, Raymond Shonholtz

Journal of Dispute Resolution

In response to Carrie Menkel-Meadow's challenge to articulate and define a general theory of conflict management that is universally applicable regardless of context or domain,' the following General Theory and methodologies are put forth. The relational context that Menkel-Meadow offers between domestic and international is not the applicable construct for the formation of a general theory. Instead, the relevant frame is between non-democratic and democratic political systems and the difference between the concepts of conflict and dispute and their attending institutional mechanisms. Menkel-Meadow's analysis is useful in subdefining the issues in the vast foliage of conflict resolution and ...


Response To Carrie Menkel-Meadow's Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Wallace Warfield Jul 2003

Response To Carrie Menkel-Meadow's Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Wallace Warfield

Journal of Dispute Resolution

In this article, I would like to first spend a little time clarifying (or perhaps muddying) what is meant by "domestic" and "international" when people talk about conflicts and how they are resolved. Geographical and content-defining terms tossed about cavalierly say more about competing hierarchies and elitism than functional geopolitical designations. Next, I will suggest that part of the problem is how we locate theory in this debate: What kinds of theories lend themselves to generalization and which ones do not? And does the problem lay with the theory or the theory interpreter?


Evaluation Dispute Resolution Under Uncertainty: An Empirical Look At Bayes' Theorem And The Expected Value Of Perfect Information, Gregory Todd Jones, Douglas H. Yarn Jul 2003

Evaluation Dispute Resolution Under Uncertainty: An Empirical Look At Bayes' Theorem And The Expected Value Of Perfect Information, Gregory Todd Jones, Douglas H. Yarn

Journal of Dispute Resolution

To begin, we review a standard model of litigation decision-making in Section I and propose an extension of this model to include ex post evaluative dispute resolution in Section II. Next, in Section III, we review the analytical concept of the expected value of perfect information as a means of placing a theoretical rational maximum on the value of the information provided by evaluative dispute resolution processes. In Section IV, we review Bayes' theorem and propose this as a rational benchmark for the integration of new information with previously existing subjective probabilities. In Section V, we offer a formal statement ...


Is State Law Looking For Trouble: The Federal Arbitration Act Flexes Its Preemptive Muscle, Robert Hollis, Sarah E. Kerner, Alexa Irene Pearson, Ryan G. Vacca Jul 2003

Is State Law Looking For Trouble: The Federal Arbitration Act Flexes Its Preemptive Muscle, Robert Hollis, Sarah E. Kerner, Alexa Irene Pearson, Ryan G. Vacca

Journal of Dispute Resolution

This article begins with an overview of the preemption concept as it affects the American legal system. The source of preemption power is revealed and the most common forms of preemption are introduced. Next, the article discusses preemption and its interaction with the Federal Arbitration Act (FAA). The discussion begins with a chronological view of the cases that have defined the effects the FAA has on arbitration agreements via its preemption power and ends with a summary of the current state of the law.


Use Of Neutral Fact-Finding To Preserve Exclusive Rights And Uphold The Disclosure Purpose Of The Patent System, Brian Panka Jul 2003

Use Of Neutral Fact-Finding To Preserve Exclusive Rights And Uphold The Disclosure Purpose Of The Patent System, Brian Panka

Journal of Dispute Resolution

This comment proposes the use of neutral fact-finding as a precursor to litigation of patent disputes. Section II begins with a brief introduction to the concept of patents and the system used in the United States for granting and protecting exclusive rights associated with patent grants. Then, Section III discusses traditional ADR processes available to resolve patent disputes and sets forth reasons those processes are not widely used. Finally, Section IV offers neutral factfinding as a solution to both litigation and traditional ADR process concerns with respect to resolving patent disputes


Applying The Eligibility Rule In Securities Arbitration: Resolving Circuit Court Conflict Regarding The Proper Role Of Arbitrators And Courts - Howsam V. Dean Witter Reynolds, Inc., James D. Hughes Jul 2003

Applying The Eligibility Rule In Securities Arbitration: Resolving Circuit Court Conflict Regarding The Proper Role Of Arbitrators And Courts - Howsam V. Dean Witter Reynolds, Inc., James D. Hughes

Journal of Dispute Resolution

In Howsam v. Dean Witter Reynolds, Inc., the United States Supreme Court reviewed a Tenth Circuit holding that the eligibility rule presented a question of arbitrability, and was thus for the court to decide. Reversing, the Supreme Court held that the arbitrator, not a court, should apply the time limit rule. The Court's decision resolves the split among the circuit courts in addition to allowing arbitration clauses in securities firms' client agreements to serve their purpose of providing an efficient and less costly method of litigating disputes relating to investment accounts, ultimately increasing investor confidence in the securities industry.


Context And Pretext In Conflict Resolution, Kevin Avruch Jul 2003

Context And Pretext In Conflict Resolution, Kevin Avruch

Journal of Dispute Resolution

In this essay, I want to reflect on some of the problems raised by context and pretext from a different angle. I want to first consider some aspects of the varied contexts in which conflict resolution and alternative dispute resolution (ADR) developed in the United States, particularly in the academy. Historically, there have been some differences between the two, partly evident in the different meanings of the notion of "dispute" adopted by theorists and practitioners. I then want to examine some of the underlying pretexts for doing this work, and some possible consequences-especially as we more frequently engage in the ...


Context, Yes - And Theory, Yes, Morton Deutsch Jul 2003

Context, Yes - And Theory, Yes, Morton Deutsch

Journal of Dispute Resolution

I admire Carrie Menkel-Meadow's article very much.' It reveals her deep and broad knowledge of the field of conflict resolution. It also represents an important and valid emphasis on the necessity of a rich knowledge of specific contexts for applied work in those contexts. However, the article implicitly constructs a false opposition between contextual knowledge and theoretical knowledge; in reality, both are needed. I understand that "practitioners" and "theorists" commonly misunderstand one another because of their different orientations and social roles. In this article, I will discuss these differences and then briefly consider the integration of theory and practice.


Taking Dispute Resolution Theory Seriously At Home And Abroad: Prospects And Limitations, Bryant G. Garth Jul 2003

Taking Dispute Resolution Theory Seriously At Home And Abroad: Prospects And Limitations, Bryant G. Garth

Journal of Dispute Resolution

Carrie Menkel-Meadow's splendid discussion of dispute resolution theory operates at several levels.' One level involves a questioning of the international applicability of U.S. dispute resolution theory. She shows that our theory is in many respects parochial-not necessarily capable of explaining or even contributing to shaping dispute resolution behavior outside the United States. For the theory to make any claim to universality, she suggests, it must take into account very different settings and perhaps even develop counter models applicable to some places but not others. A more context sensitive theory, she argues, can move us beyond concepts and approaches ...


Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition, Jacqueline Nolan-Haley, Bronagh Hinds Jul 2003

Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition, Jacqueline Nolan-Haley, Bronagh Hinds

Journal of Dispute Resolution

Women's peacemaking skills have long empowered them as voices for reconciliation in divided societies 8 and therefore, the role of women in preventive diplomacy, conflict resolution, and post conflict reconstruction is widely advanced today. Although historically women are credited with being actively involved in peacemaking efforts at the grassroots level during periods of conflict,' ° they are not generally considered to play a significant role in formal peace negotiations.' Northern Ireland proved to be an exception.'