Law Commons^™

A Review Of Oklahoma's 2003 And 2004 Tort Reform, Beth Reynolds

Oklahoma Law Review

No abstract provided.

Civil Procedure: Medical Malpractice Gets Eerie: The Erie Implications Of A Heightened Pleading Burden In Oklahoma, Dace A. Caldwell

Oklahoma Law Review

No abstract provided.

Front Matter

Michigan Law Review

No abstract provided.

Reducing The Employment Tax Burden On Tenure Buyouts, Jon J. Jensen

North Dakota Law Review

No abstract provided.

Constitutional Law - Equal Protection Of Laws: The Equal Protection Challenge To The Medical Malpractice Statute Of Repose In North Dakota - Hoffner V. Johnson, Tracy J. Lyson

North Dakota Law Review

No abstract provided.

The Tax Court's Execution Of The Family Entity: The Tax Court's Application Of Internal Revenue Code Section 2036(A) To Family Entities, Daniel H. Ruttenberg

North Dakota Law Review

No abstract provided.

Pragmatism And Freedom Of Speech, George R. Wright

North Dakota Law Review

No abstract provided.

Privacy Protections For The Rape Complainant: Half A Fig Leaf, Marah Demeule

North Dakota Law Review

No abstract provided.

Mental Health - Crimes: The United States Supreme Court Sets Guidelines For Forcibly Medicating Incompetent Pre-Trial Detainees Solely For Prosecutorial Purposes - Sell V. United States, Tiffany L. Johnson

North Dakota Law Review

No abstract provided.

My Last Lecture: Unsolicited Advice For Future And Current Lawyers, Stephen D. Easton

South Carolina Law Review

No abstract provided.

Patent Politics, Michael H. Davis

South Carolina Law Review

No abstract provided.

Title Page

South Carolina Law Review

No abstract provided.

Popular Culture As A Lens On Legal Professionalism, Alexander W. Scherr, Hillary Brave Farber

South Carolina Law Review

No abstract provided.

Federal Preemption Of Products Liability Claims, David G. Owen

South Carolina Law Review

No abstract provided.

Therapeutic Domestic Violence Courts: An Efficient Approach To Adjudication?, Hon. Catherine Shaffer

Seattle University Law Review

Part II of this Article will explore the history of state intervention to confront domestic violence, along with some of the attitudes that contribute to the lack of adequate enforcement of recent legislative reforms. Part III of this Article will discuss the costs of domestic violence and the impact of superficial court treatment in reducing those costs. Part IV will outline the historical development, philosophy, and potential development of therapeutic courts, and in particular will examine the proven effectiveness of the drug court model and the potential benefits that are unique to domestic violence courts. Part V suggests further creation …

Un-Making Law: The Classical Revival In The Common Law, Jay Feinman

Seattle University Law Review

This article describes the possibility of a classical revival in the common law and situates the revival in its historical context. Part I sets the stage by briefly summarizing a century and a half of common-law development. At the end of the Nineteenth Century, classical legal thought envisioned a highly systematic body of law through which courts could mechanically apply abstract legal concepts to reach determinate results, producing limited liability in contract and tort law and expansive property rights. Critics beginning with Holmes and notably including Progressives and legal realists attacked classical law as incomplete and incoherent. Their critique was …

Association For Conflict Resolution Annual Conference 2003 - The World Of Conflict Resolution: A Mosaic Of Possibilities Session On Justice In Mediation

Cardozo Journal of Conflict Resolution

On October 15 - 18, 2003, the Association for Conflict Resolution ("ACR") held its Annual Conference in Orlando, Florida. The Conference was entitled The World of Conflict Resolution: A Mosaic of Possibilities. This article tracks Session No. 4.08, entitled Justice in Mediation. The Cardozo Journal of Conflict Resolution ("the Journal") would like to thank ACR for its permission to reprint an edited transcript of this session. In addition, the Journal would like to extend its deepest appreciation to Sangita Sigdyal, ACR's Chief Operating Officer, for her assistance during this project.

Something's Rotten In The State Of Party-Appointed Arbitration: Healing Adr's Black Eye That Is "Nonneutral Neutrals", Seth H. Lieberman

Cardozo Journal of Conflict Resolution

This Note will first explore the history of arbitration, particularly within the United States. It will predominantly examine the traditional definitions of arbitrators and any consistencies throughout the various differences of arbitrator definitions. Second, this Note will investigate the traditional definitions of and roles played by advocates in traditional litigation and alternative dispute resolution. It will contrast advocates with party-appointed arbitrators, particularly focusing on their history, reasons for their creation, and their intended purpose.

Third, this Note will investigate the characteristics of modern party-appointed arbitrators, focusing on what scholars and parties regard as their expected behavior in a tripartite arbitration. …

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 6 (2004-05)

Cardozo Journal of Conflict Resolution

No abstract provided.

The Promise And Perils Of "Our" Justice: Psychological, Critical And Economic Perspectives On Communities And Prejudices In Mediation, Clark Freshman

Cardozo Journal of Conflict Resolution

Looking for justice in mediation often depends on the lens. Critics of mediation often measure mediation against an idealized court system and find mediation lacking. Many proponents of mediation, including many contributors to the Cardozo Symposium on Mediation and Justice, argue mediation promotes justice by promoting different values from alternatives like the courts: it may promote the autonomy of the parties by letting them make choices, it may lead to more creative settlements; it may lead to greater satisfaction; it might be less expensive.

Swimming In The Deep End: Dealing With Justice In Mediation, Jonathan M. Hyman

Cardozo Journal of Conflict Resolution

Justice is a troublesome issue for mediators. It is not their role to decide who was right and who was wrong. Mediators have no authority to determine if a resolution is fair or just. That role and that authority are reserved for judges, juries, and arbitrators. But if mediators should not decide what is fair and just, why should they even think about those matters? Even learning only what the parties deem fair or unfair about past actions, or what is just or unjust about pending settlement proposals, without trying to impose any "correct" outcome, would leave the mediator with …

Direct Shipment Of Wine, The Dormant Commerce Clause And The Twenty-First Amendment: A Call For Legislative Reform, Lloyd C. Anderson

Akron Law Faculty Publications

Many states prohibit out-of-state sellers of wine from shipping their product directly to consumers, but permit in-state wine producers to engage in such direct shipment. Recent lower federal court decisions have cast serious constitutional doubt upon the authority of a state to discriminate in this manner against wine producers and sellers from other states in favor of its own domestic wine industry. This issue appears headed for the Supreme Court of the United States in the near future. The outcome cannot be foreseen with certainty, but it is likely the Court will find this discrimination unconstitutional.

‘Twas not always so. …

Protecting The Interests Of Older Clients In Multi-Generation Representations, Carolyn L. Dessin

Akron Law Faculty Publications

Estate planning is a field in which attorneys often represent members of the same family of different generations. This frequently leads to situations in which the family members have conflicting, or at least potentially conflicting, financial interests. Unfortunately, attorneys sometimes do not recognize the difficulties that such conflicting interests may cause until a full-blown fight develops between members of the family. At that point, the attorney may find himself open to a disciplinary complaint or a malpractice action, or, at the very least, a group of unhappy former clients.

Special concerns arise when one or more of the family members …

Subverting The Rule Of Law: The Judiciary’S Role In Fostering Unethical Behavior, Richard L. Lavoie

Akron Law Faculty Publications

No abstract provided.

The Lawyer Doth Protest Too Much, Methinks: Reconsidering The Contemporaneous Objection Requirement In Depositions, E. Stewart Moritz

Akron Law Faculty Publications

The time has come to eliminate the contemporaneous objection requirement for depositions. From the original 1938 framing of the Federal Rules of Civil Procedure (Rules) to the present, no one has recognized that the theory behind the contemporaneous objection rule in depositions, as drawn from pre-Rules equity practice, does not match the function of depositions in our post-Rules system of open discovery. Pre-Rules depositions in the federal courts were exclusively testimony-preservation devices, and never discovery tools. The common law and statutory procedural rules for pre-Rules depositions, including the contemporaneous objection rule, reflected this use . But when the original Federal …

Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy, Tracy A. Thomas

Akron Law Faculty Publications

This essay is part of a symposium comprised of international remedies scholars addressing the topic of equitable relief in the fifty years since Brown v. Board of Education. It may be true as other scholars have argued that since the time of Brown, institutional defendants have won at the expense of plaintiffs. Defendants have learned that delay and defiance work. The U.S. Supreme Court has adopted a standard for ordering equitable relief that significantly defers to defendant wrongdoers at the plaintiffs' expense. Epithets of "activist courts" and "judicial legislation" have colored the existing scholarship and portrayed remedial action as illegitimate …

List Of Subject Headings

North Dakota Law Review

No abstract provided.

Sattazahn V. Pennsylvania: Double Jeopardy And The Definition Of "Acquittal" In Capital-Sentencing Proceedings, Matthew G. Howells

University of Richmond Law Review

No abstract provided.

Regulating Genetically Modified Foods: Is Mandatory Labeling The Right Answer?, Jonathan H. Adler

Faculty Publications

What I want to talk about are some legal issues relating to labeling and, in particular, constitutional issues relating to mandatory labeling for genetically modified foods or food products that may contain genetically modified components. This is a separate issue from whether or not the FDA, or some other agency, has sufficient statutory authority at present to mandate labeling, and that is something worth discussing. Even if they do have such authority, or even if Congress tomorrow were to give the FDA such authority or were to require the FDA to impose labels on genetically modified foods, or if a …

Defining Democracy: The Supreme Court's Campaign Finance Dilemma, Lori A. Ringhand

Scholarly Works

On December 10, 2003 the United States Supreme Court issued its decision in McConnell v. FEC. In McConnell, the Court was asked to determine the constitutionality of the Bipartisan Campaign Reform Act ("BCRA"). A divided Court, in a deeply fractured decision in which six justices wrote individual opinions, upheld the major provisions of the legislation. Yet despite the almost 300 pages of reasoning provided by the Court, and a voluminous record developed by the district court, the Justices could not agree on what purportedly is the central issue in campaign finance law: whether the challenged regulations were necessary …