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2007

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Articles 8521 - 8550 of 10558

Full-Text Articles in Law

Evolving Approaches To Jihad: From Self-Defense To Revolutionary And Regime-Change Politicial Violence, M. Bassiouni Jan 2007

Evolving Approaches To Jihad: From Self-Defense To Revolutionary And Regime-Change Politicial Violence, M. Bassiouni

College of Law Faculty

No abstract provided.

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Harming Human Rights In The Name Of Promoting Them: The Case Of The Cuban Embargo, Alberto Coll Jan 2007

Harming Human Rights In The Name Of Promoting Them: The Case Of The Cuban Embargo, Alberto Coll

College of Law Faculty

This article details the history of the Cuban embargo, tracing its evolution as a tool of retaliation for the seizure of American property, as a weapon in the Cold War against the Soviet Union and its Cuban allies, and finally as an instrument of American policy for the promotion of democracy and human rights. The article then examines the actual impact of the embargo on human rights in Cuba today and highlights the contradiction between the embargo's avowed political purpose and legal rationale-the promotion of human rights-and its actual consequences, which are harmful to human rights generally. The article suggests …

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Inclusive Education In The United States And Internationally: Challenges And Response, Mark Weber Jan 2007

Inclusive Education In The United States And Internationally: Challenges And Response, Mark Weber

College of Law Faculty

Achieving inclusion of children with disabilities in general education remains a challenge.  This article discusses United States and international legal developments and relates educational inclusion to controversies within the disability studies movement.  It considers questions that have been raised about integrated education and concludes that inclusion should remain the goal, but that more attention must be devoted to making educational inclusion work.

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Services For Private School Students Under The Individuals With Disabilities Education Improvement Act: Issues Of Statutory Entitlement, Religious Liberty, And Procedural Regularity, Mark Weber Jan 2007

Services For Private School Students Under The Individuals With Disabilities Education Improvement Act: Issues Of Statutory Entitlement, Religious Liberty, And Procedural Regularity, Mark Weber

College of Law Faculty

Government support for private schooling has been a topic of public discussion from the beginning of the administration of President George Bush. The Individuals with Disabilities Education Improvement Act of 2004 (“Improvement Act”) amends the Individuals with Disabilities Education Act (“IDEA”) with regard to (among other things) publicly funded services for children with disabilities who attend private schools. This Article describes the private school student provisions of the new law, demonstrating that the Improvement Act represents continuity in the field of special education services for children in private education. The Article then takes up three issues regarding services for private …

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Ceding The High Ground: The Iraqi High Criminal Court Statute And The Trial Of Saddam Hussein, M. Bassiouni, Michael Hanna Jan 2007

Ceding The High Ground: The Iraqi High Criminal Court Statute And The Trial Of Saddam Hussein, M. Bassiouni, Michael Hanna

College of Law Faculty

No abstract provided.

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Bio V. Dc And The New Need To Eliminate Federal Patent Law Preemption Of State And Local Price And Product Regulation, Joshua Sarnoff Jan 2007

Bio V. Dc And The New Need To Eliminate Federal Patent Law Preemption Of State And Local Price And Product Regulation, Joshua Sarnoff

College of Law Faculty

No abstract provided.

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Blessed Are..., Craig Mousin Jan 2007

Blessed Are..., Craig Mousin

Mission and Ministry Publications

No abstract provided.

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Of Pirates And Puffy Shirts: A Comment On ‘The Piracy Paradox: Innovation And Intellectual Property In Fashion Design, Randal C. Picker Jan 2007

Of Pirates And Puffy Shirts: A Comment On ‘The Piracy Paradox: Innovation And Intellectual Property In Fashion Design, Randal C. Picker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

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The Economics Of Presidential Pardons And Commutations, Richard A. Posner, William M. Landes Jan 2007

The Economics Of Presidential Pardons And Commutations, Richard A. Posner, William M. Landes

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

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Willingness To Pay Versus Welfare, Cass R. Sunstein Jan 2007

Willingness To Pay Versus Welfare, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Economists often analyze questions of law and policy by reference to the criterion of private willingness to pay (WTP), with the belief that people's WTP for a good is an accurate proxy for the welfare that they would obtain from that good. For two reasons, the proxy is crude. The first problem is that people may not pay for all of the benefits they receive, and in such cases, use of WTP may lead in unfortunate directions, even or especially if welfare is our lodestar. Inefficient results may nonetheless increase welfare. The second and more fundamental problem is that people …

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Climate Change And Animals, Cass R. Sunstein, Wayne Hsiung Jan 2007

Climate Change And Animals, Cass R. Sunstein, Wayne Hsiung

Coase-Sandor Institute for Law & Economics Research Paper Series

Climate change is already having adverse effects on animal life, and those effects are likely to prove devastating in the future. Nonetheless, the relevant harms to animals have yet to become a serious part of the analysis of climate change policy. Even if animals and species are valued solely by reference to human preferences, inclusion of their welfare dramatically increases the argument for aggressive responses to climate change. We estimate that, even under conservative assumptions about valuation, losses to nonhuman life might run into the hundreds of billions of dollars annually. Whatever the precise figure, the general conclusion is clear: …

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Completely Theorized Agreements In Constitutional Law, Cass R. Sunstein Jan 2007

Completely Theorized Agreements In Constitutional Law, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

How is constitutionalism possible, when people disagree on so many questions about what is good and what is right? This essay, written for a special issue of Social Research on Difficult Decisions, explores the role of two kinds of incompletely theorized agreements amidst sharp disagreements about the largest issues in social life. The first consist of agreements on abstract formulations (freedom of speech, equality under the law); these agreements are crucial to constitution-making as a social practice. The second consist of agreements on particular doctrines and practices; these agreements are crucial to life and law under existing constitutions. Incompletely theorized …

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Cost-Benefit Analysis Without Analyzing Costs Or Benefits: Reasonable Accommodation, Balancing, And Stigmatic Harms, Cass R. Sunstein Jan 2007

Cost-Benefit Analysis Without Analyzing Costs Or Benefits: Reasonable Accommodation, Balancing, And Stigmatic Harms, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Is an accommodation "reasonable," under the Americans with Disabilities Act, if and only if the benefits are roughly proportional to the costs? How should benefits and costs be assessed? Should courts asks about how much disabled employees are willing to pay to obtain the accommodation, or instead how much they would have to be paid not to have the accommodation? How should stigmatic or expressive harms be valued? This essay, written for a symposium on the work of Judge Richard A. Posner, engages these questions in a discussion of an important opinion in which Judge Posner denied accommodations involving the …

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China's Participation In The Wto: A Lawyer's Perspective, Henry Gao Jan 2007

China's Participation In The Wto: A Lawyer's Perspective, Henry Gao

Research Collection Yong Pung How School Of Law

On 10 November 2001, China finally acceded to the World Trade Organization (WTO) after a marathon negotiation spanning 15 years. China's membership in the WTO raises interesting questions for both the WTO and China. For the WTO, the question is how to deal with China?a huge country of growing importance as a major global exporter and importer but is still in economic transition. For China, the question is how to implement the numerous obligations in the WTO accession package. This paper sets out by reviewing China's experience in the General Agreement on Tariffs and Trade (GATT) and the WTO. It …

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Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee Jan 2007

Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

In certain jurisdictions, among them Malaysia, Singapore, and the United States, the practice of consulting comparative legal materials in interpreting domestic bills of rights has been criticized as illegitimate. This article examines four main concerns: (1) the texts of bills of rights -- the argument that a bill of rights is to be interpreted within its own four walls and not in the light of analogies drawn from other jurisdictions; (2) national identity -- the argument that a bill of rights embodies the values of a nation's people, and it is wrong to refer to foreign experiences to determine such …

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Corporate Corruption And Reform Undertakings: A New Approach To An Old Problem, David Hess, Cristie Ford Jan 2007

Corporate Corruption And Reform Undertakings: A New Approach To An Old Problem, David Hess, Cristie Ford

All Faculty Publications

Over the past few years the Securities Exchange Commission (SEC) and Department of Justice (DOJ) have finally started making serious efforts at enforcing the United States' anti-bribery laws against corporations. These efforts will not be effective against the worst offenders, however, if they do not address the issue of corporate ethical culture. Over time, the use of improper payments can become embedded in a corporation's culture. The organizational actors treat payments of bribes, or the use of agents the company suspects of paying bribes, solely as economic issues and not as legal and ethical issues. Through the DOJ's use of …

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Table Of Contents - Issue 1 Jan 2007

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

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When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Don Peters Jan 2007

When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Don Peters

Journal of Dispute Resolution

This article examines whether the punch line that you can tell when lawyers are lying by confirming that their lips are moving applies to their conduct when negotiating in mediations. General surveys of lawyer honesty suggest that this perception probably does apply to the way lawyers negotiate in mediations. Only 20% of people surveyed in a 1993 American Bar Association poll described the legal profession as honest, and that number fell to 14% in a 1998 Gallup poll.' A more recent poll revealed that one-third of the American public believes that lawyers are less truthful than most people.

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Court-Connected Arbitration In The Superior Court Of Arizona: A Study Of Its Performance And Proposed Rule Changes, Roselle L. Wissler, Bob Dauber Jan 2007

Court-Connected Arbitration In The Superior Court Of Arizona: A Study Of Its Performance And Proposed Rule Changes, Roselle L. Wissler, Bob Dauber

Journal of Dispute Resolution

Compulsory, non-binding arbitration has been a component of the civil court system in a number of jurisdictions for several decades. These arbitration programs generally have the same basic structure: cases in which the amount in controversy is under the prescribed jurisdictional limit must be submitted to a neutral attorney for adjudication under relaxed rules of evidence and procedure. Any party may appeal the arbitrator's award for a trial de novo; absent an appeal, the arbitrator's decision is entered as the judgment of record in the case. The goals of most court-connected arbitration programs include resolving cases faster, reducing the costs …

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Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Ralph Peeples, Catherine Harris, Thomas Metzloff Jan 2007

Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Ralph Peeples, Catherine Harris, Thomas Metzloff

Journal of Dispute Resolution

Court-ordered mediation of civil cases has become an accepted part of the litigation process in a number of states and in some federal courts.' The widespread growth of court-ordered mediation is not difficult to explain. First of all, the process appears to produce settlements, although because most cases settle anyway, it is difficult to say that court-ordered mediation reduces trial rates. It does, however, at least provide a structured opportunity for settlement discussions, if the parties are so inclined. Second, court-ordered mediation is a process usually paid for by the parties themselves. From the courts' perspective, it is not a …

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Eleven Bid Ideas About Conflict: A Superficial Guide For The Thoughtful Journalist, Leonard L. Riskin Jan 2007

Eleven Bid Ideas About Conflict: A Superficial Guide For The Thoughtful Journalist, Leonard L. Riskin

Journal of Dispute Resolution

In case you are wondering how something like this could possibly be reported in a local newspaper, I can tell you two reasons: First, the story takes place in Columbia, Missouri, a small town with a big journalism school and two daily newspapers; these factors combine to produce hordes of desperate reporters and reporting students.' Second, as I show below, if the reporter has sophisticated vision, this case has the potential to provide a good deal of valuable material.

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Social Conflict: Some Basic Principles, Dean G. Pruitt Jan 2007

Social Conflict: Some Basic Principles, Dean G. Pruitt

Journal of Dispute Resolution

The term "conflict" has two generally accepted meanings.' The first refers to overt conflict-an argument, fight, or struggle. The second refers to subjective conflict-Party's perception that Party and Other have opposing beliefs or interests, or that Other has deprived or annoyed Party in some way. The latter concept is richer for theory building than the former, in that there are several strategies Party can employ in reaction to subjective conflict. Party can take a contentious approach and retaliate, or Party can try to impose its will on Other by means of an argument, demand, or threat. This strategy is very …

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Press Coverage Of Interethnic Conflict: Examples From The Los Angeles Riots Of 1992, Shah Shah Jan 2007

Press Coverage Of Interethnic Conflict: Examples From The Los Angeles Riots Of 1992, Shah Shah

Journal of Dispute Resolution

News media are an important source of cultural production and information. Their representation of the social world provides explanations, descriptions, and frames for understanding how and why the world works as it does. In media studies, "frames" refer to the perspectives on, or interpretation of, current events provided by news coverage. Frames are complex and overlapping, existing in a single news article or within an entire body of news coverage. Multiple and opposing frames may exist simultaneously. Frames are built up from the choices reporters make in terms of language use, source selection, and story organization. In their coverage of …

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Public Relations Perspective To Manage Conflict In A Public Health Crisis, A, Qi Qiu, Glen T. Cameron Jan 2007

Public Relations Perspective To Manage Conflict In A Public Health Crisis, A, Qi Qiu, Glen T. Cameron

Journal of Dispute Resolution

The present study particularly focuses on the SARS outbreak in China because it was a major battlefield against the disease that largely affected the fate of the worldwide SARS crisis. Framing analysis of media coverage of the SARS epidemic and organization information from the WHO is used to dissect specific conflicts and strategies involved in China's SARS crisis. The discussion finishes with a checklist for planning strategic communication and conflict management during public health crises.

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News Coverage And Social Protest: How The Media's Protect Paradigm Exacerbates Social Conflict, Douglas M. Mcleod Jan 2007

News Coverage And Social Protest: How The Media's Protect Paradigm Exacerbates Social Conflict, Douglas M. Mcleod

Journal of Dispute Resolution

Past research on media coverage of social protests has yielded evidence of a protest paradigm: a set of news coverage patterns that typifies mainstream media coverage. This coverage generally disparages protesters and hinders their role as vital actors on the political stage. The lack of respect for the value of social protest inherent in such coverage has created frustration among the protesters, which has in turn contributed to dysfunctional confrontations. However, under certain conditions, journalists will deviate from the protest paradigm. Such aberrations were found in the Los Angeles Times' coverage of the May 1, 2006, "Day without Immigrants" demonstrations. …

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News Coverage, The Expansion Of Discourse, And Conflict, Philip Seib Jan 2007

News Coverage, The Expansion Of Discourse, And Conflict, Philip Seib

Journal of Dispute Resolution

The universe of news cultures--comprising providers and consumers-has never been static. It perpetually evolves, sometimes in small increments, sometimes with dazzling leaps. We are now in one of the latter phases, with new technologies driving change at high speed. This alteration of the news universe is a mix of reshaping and expansion, and it has a profound effect on social and political life throughout much of the world. It has particular impact on how policy makers and the public evaluate and respond to conflict.

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Wanted: Leaders, Journalists, Scholars, And Citizens With The Right Stuff: A Reflection On Conflict, Journalism, And Democracy, Edmund B. Lambeth Jan 2007

Wanted: Leaders, Journalists, Scholars, And Citizens With The Right Stuff: A Reflection On Conflict, Journalism, And Democracy, Edmund B. Lambeth

Journal of Dispute Resolution

The purpose of this article is to describe, frame, and place the new initiative in the larger context of what can be done when professions and the institutions they inhabit and serve encounter internal stress and/or external conflict.

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Media And International Conflict: A Multidisciplinary Approach, Eytan Gilboa Jan 2007

Media And International Conflict: A Multidisciplinary Approach, Eytan Gilboa

Journal of Dispute Resolution

This study suggests a new framework for analysis of media coverage and its role in international conflict. The framework is based on integration of theories and models from both international studies and communication. The work begins with a brief analysis of major changes that have occurred in last two decades in the nature and evolution of international conflicts. The analysis offers significant distinctions among types, levels, and phases of conflict. Next, the study presents major changes that have occurred in the media and offers significant distinctions among levels, types, and functions of media. Based on all these concepts and ideas, …

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Too Many Motions For Vacatur Of Commercial Arbitration Awards - The Eleventh Circuit Sanctions Unwary Litigants, Christopher Mckinney Jan 2007

Too Many Motions For Vacatur Of Commercial Arbitration Awards - The Eleventh Circuit Sanctions Unwary Litigants, Christopher Mckinney

Journal of Dispute Resolution

In B.L. Harbert Int'l. v. Hercules Steel Co., the Eleventh Circuit Court of Appeals seemed angered by what they deemed to be another frivolous appeal of a commercial arbitration award. Upon this provocation, the court warned litigants that future baseless appeals would be met with sanctions. By making sanctions a real threat, the court has attempted to promote some goals of arbitration, including finality, but any benefits derived may be offset by the increased confusion the holding has created. Further, the court's mandate represents a divergence from Eleventh Circuit precedent, as past decisions indicated a willingness to hear new arguments …

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Little Fish In A Big Sea: Should Consumer Protection Statutes Override Class Arbitration Waivers, A, Thomas Wilmowski Jan 2007

Little Fish In A Big Sea: Should Consumer Protection Statutes Override Class Arbitration Waivers, A, Thomas Wilmowski

Journal of Dispute Resolution

As arbitration agreements have become increasingly commonplace in dealings between large companies and their subscribers, courts have taken a strong interest in protecting consumer rights. As part of this protection, courts have to apply federal statutes, protecting the right to treble damages and recovery of attorney's fees in the context of mass arbitration agreements. The difficulty comes in attempting to allow companies to exercise their freedom of contract while protecting consumers with little bargaining power. Although other courts have largely favored arbitration, and upheld its applicability, a clash remains between consumer protection statutes and the waiver of those statutory rights …

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