Law Commons^™

Reflections On A Mindful Giant: A Tribute To Len Riskin, Margaret Shaw

Journal of Dispute Resolution

Len Riskin is a man who is usually associated with raisins. This is because he is known for getting you to close your eyes and picture grapes growing on a vine somewhere in South America and after a really, really long time and a really, really long trip for those grapes, you get to take a miniscule bite out of the raisin you have been holding that gradually has become the focus of all of your attention.

Faa Preemption By Choice-Of-Law Provisions: Enforceable Or Unenforceable, Ross Ball

Journal of Dispute Resolution

Generally, choice-of-law provisions allow corporations that do business in several states or countries to draft their agreements and conduct their business in accordance with the law they choose. When the choice-of-law provision is contained in a contract that does not have an agreement to arbitrate, courts generally have no qualms about enforcing them. However, when the contract does contain an agreement to arbitrate, courts are reluctant to enforce the choice-of-law provision as to the arbitration agreement because the Federal Arbitration Act (FAA) governs arbitration agreements. This issue has been the source of much confusion and litigation in the field of …

Courts Have The Final Say: Does The Doctrine Of Manifest Disregard Promote Lawful Arbitral Awards Or Disguise Unlawful Judicial Review, Lindsay Biesterfeld

Journal of Dispute Resolution

In exchange for a speedy, economical dispute resolution process, parties that submit to binding arbitration assume the risk that an arbitrator might misapply the law. United States Supreme Court precedent and federal law favor agreements to arbitrate by limiting judicial review of arbitral awards and requiring courts to "rigorously enforce arbitration agreements." These judicial constraints support the arbitral goals of efficiency and finality by reducing the risk that arbitral awards will be vacated on appeal. To balance the risk that arbitrators may abuse this standard of review, courts have supplemented restricted judicial review with a doctrine that allows an arbitral …

No Do-Overs For Parties Who Agree To Limit Review Of An Arbitrator's Decision, Patrick Gill

Journal of Dispute Resolution

Under the FAA, review of arbitration awards is limited to specific circumstances. However, in many instances, these default rules can be modified by contractual provisions including increasing or decreasing the level of review of arbitration awards. Although a broader scope of review is contrary to the main purposes of arbitration, courts have held that a contractual provision expanding judicial review is permissible. Furthermore, in some limited circumstances, courts have held that a contractual limitation on judicial review is permitted by the FAA where the restriction is clearly manifested in the contract and the process will not become unfair as a …

Mediator As Peacemaker: The Case For Activist Transformative-Narrative Mediation, Christopher Harper

Journal of Dispute Resolution

This article proposes an approach to mediation encompassing aspects of both of these takes on mediation, something one might loosely think of as "activist transformative-narrative mediation." Essentially, this approach assumes the aspirations and ideology of Professor Gunning's "activist" take on transformative mediation and achieves those aspirations using techniques from narrative mediation. By employing this approach, mediators can actively assist parties to identify and achieve reconciliation, peace, and justice.

Title Page

South Carolina Law Review

No abstract provided.

How The Voting Rights Act Works: Implementation Of A Civil Rights Policy, 1965-2005, Peyton Mccrary

South Carolina Law Review

No abstract provided.

Coercing Adults: The Fourth Circuit And The Acceptability Of Religious Expression In Government Settings, Elizabeth B. Halligan

South Carolina Law Review

No abstract provided.

Anderson V. Augusta Chronicle: The Plight Of The Actual Malice Doctrine In South Carolina Defamation Jurisprudence, Christopher S. Mcdonald

South Carolina Law Review

No abstract provided.

Prelude To The Voting Rights Act: The Suffrage Crusade, 1962-1965, Steven F. Lawson

South Carolina Law Review

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

Foreword: Sarbanes-Oxley For Science, David Michaels

Law and Contemporary Problems

No abstract provided.

Transparency In Public Science: Purposes, Reasons, Limits, Sheila Jasonoff

Law and Contemporary Problems

No abstract provided.

Scientific Secrecy And “Spin”: The Sad, Sleazy Saga Of The Trials Of Remune, Susan Haack

Law and Contemporary Problems

Haack sketches an account of what science is and does that suggests how and why the ways in which scientific work is funded can distort or even block its progress. She puts her theory to work by analyzing the troubled history of the trials--clinical and legal--of Immune Response's AIDS drug, Remune.

Transparency And Innuendo: An Alternative To Reactive Over-Disclosure, Scott M. Lassman

Law and Contemporary Problems

Lassman examines the tension between transparency and other public health interests in the context of the FDA's proposed Drug Watch web site. He argues that although the FDA proposal seeks to achieve a laudable goal--the prompt communication of important useful safety information about drug products to physicians and patients-- it fails to properly balance transparency and other legitimate public health interests.

Sometimes The Silence Can Be Like The Thunder: Access To Pharmaceutical Data At The Fda, Peter Lurie, Allison Zieve

Law and Contemporary Problems

Those committed to the free exchange of scientific information have long complained about various restrictions on access to the FDA's pharmaceutical data and the resultant restrictions on open discourse. A review of open-government procedures and litigation at the FDA demonstrates that the need for transparency at the agency extend well beyond the reach of any clinical trial registry.

Public Health Versus Court-Sponsored Secrecy, Daniel J. Givelber, Anthony Robbins

Law and Contemporary Problems

Public health practice relies on access to information. Givelber and Robbins discuss the debate about "court-sponsored" secrecy: Whether or not courts should tolerate, edorse, or protect secrecy when the sequestered information might help protect the public health.

Open Secrets: The Widespread Availability Of Information About The Health And Environmental Effects Of Chemicals, James W. Conrad Jr.

Law and Contemporary Problems

Conrad discusses the point of view of the chemical industry concerning when and how access to health effects information may be affected by financial interests. He argues that no qualitative distinction can be drawn between the financial and other incentives that might affect disclosure by for-profit entities and the incentives that might affect disclosure by other entities that may conduct, sponsor, or opine on scientific research.

Why We Need Global Standards For Corporate Disclosure, Allen L. White

Law and Contemporary Problems

After two years of gradual revelations concerning undisclosed information on suicidal risks to children on antidepressants, a federal advisory committee in Sep 2004 recommended that such drugs be labeled to alert physicians and consumers of this risk. The antidepressant story is noteworthy in its own right, shedding light on the tangled web of legal, regulatory, economic, and ethical issues surrounding disclosure practices in the pharmaceutical industry. The complex interworkings of an emerging global economy make it necessary for corporate standards for disclosure to be established and enforced.

Desert, Democracy, And Sentencing Reform, Alice Ristroph

Faculty Scholarship

No abstract provided.

The Constitutional Rights Of Non-Custodial Parents, David D. Meyer

Faculty Scholarship

No abstract provided.

Resolving Conflict Together: The Understanding-Based Model Of Mediation, Gary Friedman, Jack Himmelstein

Journal of Dispute Resolution

The following excerpt is from a book in progress-tentatively titled, Resolving Conflict Together: The Understanding-Based Model of Mediation-that is planned to be published in 2007 by the American Bar Association. In this book, we seek to set out the approach to mediation that we have been developing through our work with the Center for Mediation in Law (the Center). We have termed this approach the "Understanding-Based Model" of mediation. The book develops twelve mediation cases, in which Gary served as mediator and which, with commentary, serve to transmit our approach to mediation. Each case focuses on a different aspect of …

Going Against The Grain: Personal Reflections On The Emergence Of Women In The Legal Profession, Martha Craig Daughtrey

Montana Law Review

Personal Reflections on the Emergence of Women in the Legal Profession

"I'M An Indian Outlaw, Half Cherokee And Choctaw": Criminal Jurisdiction And The Question Of Indian Status, Weston Meyring

Montana Law Review

Criminal Jurisdiction and the Question of Indian Status

Veterinary Medicine: External Pressures On An Insular Profession And How Those Pressures Threaten To Change Current Malpractice Jurisprudence, Gerald L. Eichinger

Montana Law Review

Veterinary Medicine: External Pressures on an Insular Profession

State V. Mizenko: The Montana Supreme Court Wades Into The Post-Crawford Waters, Andrew King-Ries

Montana Law Review

State v. Mizenko

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

Cornell Law Faculty Publications

Predatory lending, the origination of loans with abusive terms to homeowners, is rampant in the subprime mortgage market. In the last few years, many states responded to this problem by enacting consumer protection laws. Large segments of the lending industry have opposed these laws. In large part because of these complaints, momentum is building on three fronts to standardize the operations of the subprime mortgage market.

First, federal regulators are preempting the application of these laws to a broad array of lending institutions and Congress is considering legislation to preempt their application to the remaining financial institutions that are still …

It's Not Just About Miranda: Determining The Voluntariness Of Confessions In Criminal Prosecutions, Paul Marcus

Faculty Publications

No abstract provided.

The Spirit Of Serrano: Past, Present And Future, Anne Dupre, John Dayton

Scholarly Works

A decades-long school funding revolution continues in the United States. The litigation sparked by the Supreme Court of California's 1971 decision in Serrano v. Priest continues to reshape the legal, political, and educational landscape in the United States, affecting the lives of children, parents, educators, and taxpayers throughout the nation. Serrano-inspired lawsuits have transformed school funding policies nationwide, resulting in billions of dollars in new funding and a notable redistribution of resources among school districts. Serrano-inspired litigation has changed public schools in many states to a degree second only to the transformation that followed Brown v. Board of …

On The Passing Of My Friend, Dick Wellman, Paul M. Kurtz

Scholarly Works

Writing the introduction to a symposium in memory of a friend is a great honor, of course, and one that I seized immediately, for fear that the Editor in Chief might change his mind.