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2008

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Articles 1981 - 2010 of 10761

Full-Text Articles in Law

Crime, Legitimacy, And Testilying, I. Bennett Capers Jul 2008

Crime, Legitimacy, And Testilying, I. Bennett Capers

Indiana Law Journal

No abstract provided.


State And Local Governments Address The Twin Challenges Of Climate Change And Energy Alternatives, Irma S. Russell, Jeffery S. Dennis Jul 2008

State And Local Governments Address The Twin Challenges Of Climate Change And Energy Alternatives, Irma S. Russell, Jeffery S. Dennis

Faculty Works

No abstract provided.


Measure For Measure: Cost Benefit Analysis And Environmental Policy, Irma S. Russell Jul 2008

Measure For Measure: Cost Benefit Analysis And Environmental Policy, Irma S. Russell

Faculty Works

No abstract provided.


How Bad Are Mandatory Arbitration Terms?, Omri Ben-Shahar Jul 2008

How Bad Are Mandatory Arbitration Terms?, Omri Ben-Shahar

University of Michigan Journal of Law Reform

This symposium was presented in the 2008 Annual Meeting of the Contracts Section of the American Association of Law Schools. Indeed, studying the unconscionability of arbitration terms has become a standard feature of first-year contracts courses. This is perhaps one of the hotter topics in today's contract law and policy. Contractual rights, as they are enforced by contract law, might have substantially different values depending on the venue through which they can be vindicated. It is hard to predict how these values differ, but hopefully this symposium will inform some of these predictions.


Arbitration's Summer Soldiers: An Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Theodore Eisenberg, Geoffrey P. Miller, Emily Sherwin Jul 2008

Arbitration's Summer Soldiers: An Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Theodore Eisenberg, Geoffrey P. Miller, Emily Sherwin

University of Michigan Journal of Law Reform

We provide the first study of varying use of arbitration clauses across contracts within the same firms. Using a sample of 26 consumer contracts and 164 nonconsumer contracts from large public corporations, we compared the use of arbitration clauses in firms' consumer and nonconsumer contracts. Over three-quarters of the consumer agreements provided for mandatory arbitration but less than 10% of the firms' material nonconsumer, nonemployment contracts included arbitration clauses. The absence of arbitration provisions in the vast majority of material contracts suggests that, ex ante, many firms value, even prefer, litigation over arbitration to resolve disputes with peers. Our data …


Arbitration Costs And Forum Accessibility: Empirical Evidence, Christopher R. Drahozal Jul 2008

Arbitration Costs And Forum Accessibility: Empirical Evidence, Christopher R. Drahozal

University of Michigan Journal of Law Reform

In this Article, written for this symposium issue on "Empirical Studies of Mandatory Arbitration," I examine the available empirical evidence on these two questions. I take "mandatory arbitration" to refer to pre-dispute arbitration clauses in consumer and employment (and maybe franchise) contracts. Accordingly, I limit my consideration of the empirical evidence to those types of contracts. I do not discuss empirical studies of international arbitrations, which almost always arise out of agreements between commercial entities. Nor do I discuss empirical studies of court-annexed arbitrations, which may not derive from party agreement and do not ordinarily proceed to a binding award.


Front Matter Jul 2008

Front Matter

City University of New York Law Review

No abstract provided.


Preventing Torture: An Introduction To The Symposium Issue, Lisa Davis Jul 2008

Preventing Torture: An Introduction To The Symposium Issue, Lisa Davis

City University of New York Law Review

No abstract provided.


Opening Remarks: General Comment No. 2, Felice D. Gaer Jul 2008

Opening Remarks: General Comment No. 2, Felice D. Gaer

City University of New York Law Review

No abstract provided.


Preventing Torture: Implications Of Cat General Common No. 2: Keynote, Albie Sachs Jul 2008

Preventing Torture: Implications Of Cat General Common No. 2: Keynote, Albie Sachs

City University of New York Law Review

No abstract provided.


Remarks On The Convention Against Torture's General Comment No. 2, Theodore Van Boven Jul 2008

Remarks On The Convention Against Torture's General Comment No. 2, Theodore Van Boven

City University of New York Law Review

No abstract provided.


Prescribing A Legal Methodology For The Prevention Of Torture, Peter Weiss Jul 2008

Prescribing A Legal Methodology For The Prevention Of Torture, Peter Weiss

City University of New York Law Review

No abstract provided.


Gender Violence As Torture: The Contribution Of Cat General Comment No. 2, Rhonda Copelon Jul 2008

Gender Violence As Torture: The Contribution Of Cat General Comment No. 2, Rhonda Copelon

City University of New York Law Review

No abstract provided.


Eradication Of Torture: The Imperatives Of Gender And Education, Betty A. Reardon Jul 2008

Eradication Of Torture: The Imperatives Of Gender And Education, Betty A. Reardon

City University of New York Law Review

No abstract provided.


De-Torturing The Logic: The Contribution Of Cat General Comment 2 To The Debate Over Extraordinary Rendition Remarks, Margaret L. Satterthwaite Jul 2008

De-Torturing The Logic: The Contribution Of Cat General Comment 2 To The Debate Over Extraordinary Rendition Remarks, Margaret L. Satterthwaite

City University of New York Law Review

No abstract provided.


Sexual Torture As A Crime Under International Criminal And Humanitarian Law, Patricia Viseur Sellers Jul 2008

Sexual Torture As A Crime Under International Criminal And Humanitarian Law, Patricia Viseur Sellers

City University of New York Law Review

No abstract provided.


Reflections On Committee Against Torture General Comment No. 2, Nigel Rodley Jul 2008

Reflections On Committee Against Torture General Comment No. 2, Nigel Rodley

City University of New York Law Review

No abstract provided.


Holding The U.S. Accountable: How American Health Care Fails To Meet International Human Rights Standards, Jeanne Connolly Carmalt Jul 2008

Holding The U.S. Accountable: How American Health Care Fails To Meet International Human Rights Standards, Jeanne Connolly Carmalt

City University of New York Law Review

No abstract provided.


A Plan C For Plan B: A Feminist Legal Response To The Ways In Which Behind-The-Counter Emergency Contraception Fails Women, Amanda L. Allen Jul 2008

A Plan C For Plan B: A Feminist Legal Response To The Ways In Which Behind-The-Counter Emergency Contraception Fails Women, Amanda L. Allen

City University of New York Law Review

No abstract provided.


A Boy Of Boise: In Defense Of Idaho's Most Famous Toe-Tapper, Alana Chazan Jul 2008

A Boy Of Boise: In Defense Of Idaho's Most Famous Toe-Tapper, Alana Chazan

City University of New York Law Review

No abstract provided.


Taxes And The Success Of Non-Tax Market-Based Environmental Regulatory Regimes, Jonathan Remy Nash Jul 2008

Taxes And The Success Of Non-Tax Market-Based Environmental Regulatory Regimes, Jonathan Remy Nash

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


A Bargaining Power Theory Of Gap-Filling, Omri Ben-Shahar Jul 2008

A Bargaining Power Theory Of Gap-Filling, Omri Ben-Shahar

Coase-Sandor Institute for Law & Economics Research Paper Series

This article explores the merits of a new criterion for default rules in incomplete contracts: fill the gaps with terms that are favorable to the party with the greater bargaining power. It argues that some of the more common gaps in contracts involve purely distributive issues, such as the contract price, for which it is impossible to choose a unique, joint-maximizing, "most efficient" term. Rather, the term that mimics the hypothetical bargain in these settings must be sensitive to the bargaining power of the parties—the term they would have chosen to divide the surplus in light of their relative bargaining …


Controlling The Cost Of Medical Care: A Dose Of Deregulation, David A. Hyman, Richard A. Epstein Jul 2008

Controlling The Cost Of Medical Care: A Dose Of Deregulation, David A. Hyman, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


When Perception Changes Reality: An Empirical Study Of Investors' Views Of The Fairness Of Securities Arbitration, Jill I. Gross, Barbara Black Jul 2008

When Perception Changes Reality: An Empirical Study Of Investors' Views Of The Fairness Of Securities Arbitration, Jill I. Gross, Barbara Black

Journal of Dispute Resolution

Arbitration in securities industry-sponsored forums is the primary mechanism to resolve disputes between investors and their brokerage firms. Because it is mandatory, participants debate its fairness, and Congress has introduced legislation to ban pre-dispute arbitration clauses in customer agreements. Missing from the debate has been empirical research of perceptions of fairness by the participants, especially investors. To fill that gap, we mailed 25,000 surveys to participants in recent securities arbitrations involving customers to learn their views of the process. The article first details the survey's background, explains the importance of surveying perceptions of fairness, and describes our methodologies, procedures, and …


Thoughts About Spiritual Fatigue: Sustaining Our Energy By Staying Centered, Wayne D. Brazil Jul 2008

Thoughts About Spiritual Fatigue: Sustaining Our Energy By Staying Centered, Wayne D. Brazil

Journal of Dispute Resolution

Spiritual fatigue can afflict seasoned mediators and judges who have hosted many settlement conferences.' It can sap the energy we need to do our work well. It can reduce our patience, shorten our anger fuses, and impair our ability to listen to and to connect with the people we are trying to help. Worse, it can lead us into procedural or ethical temptation-inviting us to cut comers and compromise values we hold dear. If it persists too long, it can drive us away from this field. Thus, for those of us who experience it, spiritual fatigue can pose a serious …


Expanding The Use Of Collaborative Law: Consideration Of Its Use In A Legal Aid Program For Resolving Family Law Disputes, Lawrence P. Mclellan Jul 2008

Expanding The Use Of Collaborative Law: Consideration Of Its Use In A Legal Aid Program For Resolving Family Law Disputes, Lawrence P. Mclellan

Journal of Dispute Resolution

From Perry Mason and Law & Order to Judge Judy, many American consumers believe that legal conflict is resolved by trial--exciting, antagonistic, adversarial fights between lawyers. Yet common experience and research demonstrate that most legal conflict is not resolved between gladiators in the courtroom.' Many consumers come to the legal process with this Hollywood portrayal as their only knowledge of the process. Those engaged in the legal process know that there are alternatives to the courtroom for resolving dispute. Finding alternatives to litigation is especially important for legal aid programs, as the increased time and expense of litigation reduces the …


Philippine Community Mediation, Katarungang Pambarangay, Gill Marvel P. Tabucanon, James A. Wall Jr., Wan Yan Jul 2008

Philippine Community Mediation, Katarungang Pambarangay, Gill Marvel P. Tabucanon, James A. Wall Jr., Wan Yan

Journal of Dispute Resolution

First, we present a brief overview of the process, followed by a delineation of the history, purpose, operational structure, jurisdiction, venue, procedure, and time frame for this mediation approach. Finally, we report on interviews we conducted with mediators who have served on these panels. Their accounts reveal intriguing details as to how the mediation process unfolds and the benefits of this dispute resolution process. Our goals in this article are threefold: (1) to describe this grassroots mediation approach; (2) to expand our knowledge about mediation; and (3) to reflect on the advantages of this approach so as to improve mediation …


On Becoming A Collaborative Professional: From Paradigm Shifting To Transformative Learning Through Critical Reflection And Dialogue, Richard W. Shields Jul 2008

On Becoming A Collaborative Professional: From Paradigm Shifting To Transformative Learning Through Critical Reflection And Dialogue, Richard W. Shields

Journal of Dispute Resolution

In Part II, I provide a brief overview of CL and its underlying assumptions. A description of CL training and learning objectives follows in Parts III and IV. In Parts V and VI, I review the paradigm shifting and transformative learning literature. I provide an overview of the study in Part VII, followed by my analysis of the data in Parts VIII and IX. In Part X, I conclude with a discussion of critical reflection and dialogue in a CL training context.


From Kneecappings Toward Peace: The Use Of Intra-Community Dispute Resolution In Northern Ireland, Patrick Cody Jul 2008

From Kneecappings Toward Peace: The Use Of Intra-Community Dispute Resolution In Northern Ireland, Patrick Cody

Journal of Dispute Resolution

Violence has been a way of life in Northern Ireland for many years as communities were divided by separate warring paramilitary factions. Each side believed that it existed for the benefit and protection of the local community against the forces on the other side. The Irish Republican Army ("IRA") pledged itself to the defense of Northern Irish Catholics from persecution by those loyal to the British government. Similarly, groups such as the Ulster Volunteer Force ("UVF") and the Ulster Defense Association ("UDA") formed to defend Protestant citizens against IRA attacks. Policing of local neighborhoods fell largely to these groups. Enforcement …


Elevator Company Goes Down: Mandatory Arbitration Provisions As Applied To Pending Civil Rights Claims In The Employment Context, Miranda Fleschert Jul 2008

Elevator Company Goes Down: Mandatory Arbitration Provisions As Applied To Pending Civil Rights Claims In The Employment Context, Miranda Fleschert

Journal of Dispute Resolution

In Goldsmith v. Bagby Elevator Company, the Eleventh Circuit Court of Appeals carved a distinction in the employment context between mandatory predispute arbitration agreements and compulsory arbitration agreements as applied to pending claims of discrimination. In doing so, the court warns employers that any effort to terminate an employee's rights with respect to a pending Equal Employment Opportunity Commission ("EEOC") claim by instituting a mandatory arbitration provision will be seen as impermissibly retaliatory. Amid the backdrop of a case in which supervisors routinely called black employees "monkeys," "slaves," and "niggers," the court makes a well-meaning attempt at preserving employees' statutorily …