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2006

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Articles 2281 - 2310 of 11384

Full-Text Articles in Law

Doctors, Duties, Death And Data: A Critical Review Of The Empirical Literature On Medical Malpractice And Tort Reform, Geoffrey Christopher Rapp Jul 2006

Doctors, Duties, Death And Data: A Critical Review Of The Empirical Literature On Medical Malpractice And Tort Reform, Geoffrey Christopher Rapp

Northern Illinois University Law Review

Much of the debate on medical malpractice and tort reform ignores the recent emergence of a fairly substantial volume of empirical research on the subject. There have been a large number of empirical (i.e., statistical) papers put out from law professors, economists, and others, on a number of medical malpractice and tort reform topics. This article consists of critical literature review covering selected empirical papers on these topics. The paper asks what malpractice practitioners, state legislatures, and legal academics learn from the data work that's been done. Rather than report the results of any original data analysis, the article evaluates …


Medical Negligence Litigation Is Not The Problem, Kenneth C. Chessick, Matthew D. Robinson Jul 2006

Medical Negligence Litigation Is Not The Problem, Kenneth C. Chessick, Matthew D. Robinson

Northern Illinois University Law Review

The medical malpractice insurance "crisis" results not from out-of-control juries or overly-litigious plaintiffs and their attorneys, but rather is simply the result of epidemic levels of negligence among physicians. The myth that the liability system is to blame for high premiums facing doctors creates opportunities for insurance companies to restrict plaintiffs' access to courtrooms and to limit the amount of compensation they may receive after proving negligence. This article examines and debunks the leading myths regarding the so-called "crisis" and presents several suggestions that may improve the healthcare provided to patients nationwide.


Book Reviews Jul 2006

Book Reviews

Journal of Maritime Law and Commerce

No abstract provided.


The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies Jul 2006

The Military Commissions Act, Coerced Confessions, And The Role Of The Courts, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Rethinking Rational Discrimination Against Ex-Offenders, Jocelyn Simonson Jul 2006

Rethinking Rational Discrimination Against Ex-Offenders, Jocelyn Simonson

Faculty Scholarship

No abstract provided.


What We Talk About When We Talk About Workplace Privacy, Anita Bernstein Jul 2006

What We Talk About When We Talk About Workplace Privacy, Anita Bernstein

Faculty Scholarship

No abstract provided.


Subprime Standardization: How Rating Agencies Allow Predatory Lending To Flourish In The Secondary Mortgage Market, David Reiss Jul 2006

Subprime Standardization: How Rating Agencies Allow Predatory Lending To Flourish In The Secondary Mortgage Market, David Reiss

Faculty Scholarship

No abstract provided.


Appointment Of Justice Marshall Rothstein To The Supreme Court Of Canada, Peter W. Hogg Jul 2006

Appointment Of Justice Marshall Rothstein To The Supreme Court Of Canada, Peter W. Hogg

Osgoode Hall Law Journal

Peter Hogg, a constitutional law scholar, was retained by the Commissioner for Federal Judicial Affairs to provide advice to the Ad Hoc Committee to Review a Nominee for the Supreme Court of Canada as to its procedures. His account of the public hearing provides an insider's viewpoint of the historic process undertaken for the appointment of Justice Rothstein. His opening remarks to the committee, appended to this commentary, set out the parameters of questioning for the hearing, but raise additional questions with regard to the appropriate limits of judicial speech.


The Serendipitous Solution To The Problem Of Supreme Court Appointments, Peter Mccormick Jul 2006

The Serendipitous Solution To The Problem Of Supreme Court Appointments, Peter Mccormick

Osgoode Hall Law Journal

No abstract provided.


The South African Judicial Appointments Process, Penelope E. Andrews Jul 2006

The South African Judicial Appointments Process, Penelope E. Andrews

Osgoode Hall Law Journal

No abstract provided.


People V. Caballes: An Analysis Of Caballes, The History Of Sniff Search Jurisprudence, And Its Future Impact, Brett Geiger Jul 2006

People V. Caballes: An Analysis Of Caballes, The History Of Sniff Search Jurisprudence, And Its Future Impact, Brett Geiger

Northern Illinois University Law Review

This article begins by attempting to understand sniff search jurisprudence through the earliest Supreme Court precedent and the application of those cases by the various circuits. Then after a brief discussion of the Caballes case itself it attempts to discern the various arguments made by the parties in the suit, scholars, and practitioners, examining each for its relative merit. Finally, the article attempts to predict what impact Caballes will have on both the use of canines in law enforcement and other technologies that serve similar purposes.


The Fleecing Of Seriously Injured Medical Malpractice Victims In Illinois, Frank A. Perrecone, Lisa R. Fabiano Jul 2006

The Fleecing Of Seriously Injured Medical Malpractice Victims In Illinois, Frank A. Perrecone, Lisa R. Fabiano

Northern Illinois University Law Review

The Supreme Court of Illinois has twice held that caps on damages are unconstitutional. In 1976, the court held in Wright v. Central DuPage Hospital Association that a cap on damages in medical malpractice cases constitutes special legislation in violation of the 1970 Illinois Constitution. Twenty-one years later, in Best v. Taylor Machine Works, the court held that a cap on non-economic damages in bodily injury and death cases is special legislation as well as a violation of the separation of powers clause. Despite these clear precedents, last year Governor Rod Blagojevich capitulated to public pressure manipulated by the powerful …


Things To Do (Or Not) To Address The Medical Malpractice Insurance Problem, Edward J. Kionka Jul 2006

Things To Do (Or Not) To Address The Medical Malpractice Insurance Problem, Edward J. Kionka

Northern Illinois University Law Review

The article begins with an overview of the tort reform problem; federal vs. state level reform; a history of tort reform in Illinois; current Illinois law (prior to P.A. 94-677) specific to medical malpractice cases or that particularly impacts those cases; discussion of prior caps and the cases holding them unconstitutional; discussion of P.A. 89-7, which was held unconstitutional in the Best case; discussion of the 2005 legislation (P.A. 94-677) and whether it is constitutional; and finally, "where do we go from here," which includes my ideas for reform that build on the reforms already in place. An appendix includes …


Vol. 26, No. 3, Summer 2006: Table Of Contents, Northern Illinois University Law Review Jul 2006

Vol. 26, No. 3, Summer 2006: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.


Clear Statement Principles And National Security: Hamdan And Beyond, Cass R. Sunstein Jul 2006

Clear Statement Principles And National Security: Hamdan And Beyond, Cass R. Sunstein

Public Law and Legal Theory Working Papers

In resolving conflicts between individual rights and national security, the Supreme Court has often said that Congress must unambiguously authorize presidential action; the Court has also attempted to ensure that defendants are not deprived of their liberty except pursuant to fair trials. These decisions, a form of liberty-promoting minimalism, reject claims of unilateral or exclusive presidential authority. The Court’s decision in Hamdan v. Rumsfeld reflects a distinctive clear statement principle, one that bans the President from convening a military commission, or otherwise departing from the standard adjudicative forms, unless Congress explicitly authorizes him to do so. The Court’s conclusion diverges …


Unconscionable Contracting For Indigent Defense: Using Contract Theory To Invalidate Conflict Of Interest Clauses In Fixed-Fee Contracts, Jacqueline Mcmurtie Jul 2006

Unconscionable Contracting For Indigent Defense: Using Contract Theory To Invalidate Conflict Of Interest Clauses In Fixed-Fee Contracts, Jacqueline Mcmurtie

University of Michigan Journal of Law Reform

Indigent defense remains in crisis and yet constitutional challenges to promote systemic change have met with mixed success. This Article explores the new strategy of applying contract theory and principles to challenge indigent defense contracts that violate the canons of professional responsibility. This Article begins by discussing the author's experience working on cases of indigent defendants whose convictions were overturned through the efforts of the Innocence Project Northwest. The erroneous convictions were facilitated by the indigent defense contract in place at the time of the convictions. Pursuant to this contract, the indigent defense contractor agreed to provide representation in all …


How Qui Tam Actions Could Fight Public Corruption, Aaron R. Petty Jul 2006

How Qui Tam Actions Could Fight Public Corruption, Aaron R. Petty

University of Michigan Journal of Law Reform

This Note argues that public corruption at the state and local levels is a serious problem throughout the United States. Because public corruption decreases confidence in the democratic system at all levels of government, a strong response is necessary. Due to difficulties inherent in the deterrence, detection, and prosecution of state and local corruption, innovative methods to respond to this problem are needed. The author argues that amending the federal criminal statutes most commonly used to prosecute state and local public corruption, to allow a private citizen to bring a qui tam civil action against the public official for violations …


Front Matter Jul 2006

Front Matter

City University of New York Law Review

No abstract provided.


Introduction, Louise Bohmann Jul 2006

Introduction, Louise Bohmann

City University of New York Law Review

No abstract provided.


A Practical Perspective On Partnerships Between Government And Nonprofits, Karen Goldstein Jul 2006

A Practical Perspective On Partnerships Between Government And Nonprofits, Karen Goldstein

City University of New York Law Review

No abstract provided.


The Nonprofit Sector: Myths And Realities, James J. Fishman Jul 2006

The Nonprofit Sector: Myths And Realities, James J. Fishman

City University of New York Law Review

No abstract provided.


Efforts To Restrict The Advocacy Rights Of Nonprofits That Partner With Government, Rebekah Diller Jul 2006

Efforts To Restrict The Advocacy Rights Of Nonprofits That Partner With Government, Rebekah Diller

City University of New York Law Review

No abstract provided.


Which Side Are You On? Unionization In Social Service Nonprofits, Eduardo R.C. Capulong Jul 2006

Which Side Are You On? Unionization In Social Service Nonprofits, Eduardo R.C. Capulong

City University of New York Law Review

No abstract provided.


From New York To Saskatoon, Doug Surtees Jul 2006

From New York To Saskatoon, Doug Surtees

City University of New York Law Review

No abstract provided.


The Temporal Dimension Of Voting Rights, Adam B. Cox Jul 2006

The Temporal Dimension Of Voting Rights, Adam B. Cox

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Adding Judicial Mediation To The Debate About Judges Attempting To Settle Cases Assigned To Them For Trial, Peter Robinson Jul 2006

Adding Judicial Mediation To The Debate About Judges Attempting To Settle Cases Assigned To Them For Trial, Peter Robinson

Journal of Dispute Resolution

The article then explores the ramifications of the Uniform Mediation Act's express inapplicability of its confidentiality provisions to a mediation "conducted by a judge who might make a ruling on the case." Finally, the article suggests how the advent of judicial mediation might lead to standards of practice that would clarify the law and resolve the debate about judges conducting either settlement conferences or mediations for cases assigned to them for trial.


How Can A Mediator Be Both Impartial And Fair: Why Ethical Standards Of Conduct Create Chaos For Mediators, Susan Nauss Exon Jul 2006

How Can A Mediator Be Both Impartial And Fair: Why Ethical Standards Of Conduct Create Chaos For Mediators, Susan Nauss Exon

Journal of Dispute Resolution

This article focuses on newly developing Standards designed to regulate the mediation industry with respect to civil disputes. The particular focus is on the mediator's requirements of neutrality and impartiality and whether these requirements are impacted by assurances of a fair result and other fairness concepts such as a balanced process and informed decision making. The basic problem is that mediators are guided by Standards and stand-alone definitions of mediation, yet many Standards contain contradictory or vague provisions. Furthermore, the mediator's actual role may be dictated by her own personal style, values, and commercial needs in conjunction with the parties' …


Thou Shalt Love Thy Neighbor: Rluipa And The Mediation Of Religious Land Use Disputes, Jeffrey H. Goldfien Jul 2006

Thou Shalt Love Thy Neighbor: Rluipa And The Mediation Of Religious Land Use Disputes, Jeffrey H. Goldfien

Journal of Dispute Resolution

The question addressed in this article is whether existing systems for processing religious land use claims are well-suited to the task. The conclusion is that they are not, and that local officials and others involved in religious land use disputes ought to consider employing mediation at an early stage. The main virtue of mediation in this context is the opportunity it provides for disputants to meet face-to-face in an effort to understand the views of others, even if they do not agree with them. Facilitated dialogues among persons with differing perspectives is precisely what is missing from the traditional systems …


New Judicial Hostility To Arbitration: Federal Preemption, Contract Unconscionability, And Agreements To Arbitrate, The, Steven J. Burton Jul 2006

New Judicial Hostility To Arbitration: Federal Preemption, Contract Unconscionability, And Agreements To Arbitrate, The, Steven J. Burton

Journal of Dispute Resolution

Part I of this Article sketches the basics of arbitration law and practice, and traces the development of the federal policy favoring arbitration, to establish a basis for evaluating contemporary judicial decisions. Part II examines the justification for the policy favoring arbitration and the reasons contracting parties may prefer arbitration. Part III evaluates the reasons courts give for finding arbitration agreements in employment and consumer contexts unconscionable, and therefore, unenforceable. The conclusion is that many courts make many clearly erroneous decisions, including decisions that are unconstitutional because they are preempted.


After Basic Mindfulness Mediation: External Mindfulness, Emotional Truthfulness, And Lie Detection In Dispute Resolution, Clark Freshman Jul 2006

After Basic Mindfulness Mediation: External Mindfulness, Emotional Truthfulness, And Lie Detection In Dispute Resolution, Clark Freshman

Journal of Dispute Resolution

Some years ago, our mutual friend, Carrie Menkel-Meadow, suggested Len Riskin and I talk about our shared interest in mindfulness meditation and negotiation. At the time, I had students sit quietly, eyes closed, get in touch with what was going on before a negotiation, write it out, and then crumple up the paper. It was a primitive form of meditation and journaling and, as I look back through research, not a very sound theoretical or empirically-supported way to help.' Eventually, mindfulness meditation and practices helped move me from my very primitive attempts at mindfulness to a very rich practice that …