Law Commons^™

Untimely Death Of Wrongful Death Claims: Ohio Removes Decedent-Employee Wrongful Death Claims From The Arbitral Forum, An, Christopher D. Vanderbeek

Journal of Dispute Resolution

When Bob dies, Bob's representative could file either action in order that his estate (in survival) or beneficiaries (in wrongful death) be compensated for losses stemming from his injuries or death. But in Peters v. Columbus Steel Castings Company, a more complex issue arose-what if Bob signed an agreement to arbitrate all of his claims against his employer? Would that bind Bob's representative to arbitrate an action in survival? In wrongful death? Both? The Ohio Supreme Court answered that Bob's representative would be compelled to arbitrate the survival claim, but not the wrongful death claim, as the latter is independent …

Knowing And Voluntary Standard: Is The Sixth Circuit's Test Enough To Level The Playing Field In Mandatory Employment Arbitration, The, Christina Semmer

Journal of Dispute Resolution

Most courts require that for an individual to waive her Seventh Amendment right to trial by jury, she must knowingly and voluntarily waive that right. This heightened requirement for waiver exists because the United States Supreme Court has found that "[tlhe trial by jury is justly dear to the American people... and every encroachment upon it has been watched with great jealousy." Seemingly this standard should apply to mandatory employment arbitration agreements, as shifting the venue from the courts to the arbitral tribunal implicitly means waiving the right to trial by jury. However, because the Federal Arbitration Act ("FAA") requires …

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Wisconsin, Jan E. Mutchler, Alison Gottlieb, Ellen A. Bruce, Laura Henze Russell

Gerontology Institute Publications

This report addresses income adequacy for Wisconsin’s older adults using the WOW-GI Elder Economic Security Standard Index (the Index) methodology. The Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

Tax Incentives For Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky

Articles

No abstract provided.

Judicial Modesty And Abortion, Teresa Collett

South Carolina Law Review

No abstract provided.

The Availability And Viability Of Socioeconomic Integration Post-Parent Involved, Eboni S. Nelson

South Carolina Law Review

No abstract provided.

A Constitutional Right To Learn: The Uncertain Allure Of Making A Federal Case Out Of Education, Daniel S. Greenspahn

South Carolina Law Review

No abstract provided.

Justice Kennedy's Gendered World, David S. Cohen

South Carolina Law Review

No abstract provided.

From Bad To Worse: Some Early Speculation About The Roberts Court And The Constitutional Fate Of The Poor, Andrew M. Siegel

South Carolina Law Review

No abstract provided.

Whither Arbitration?, Peter B. Rutledge

Scholarly Works

Over the past several decades, scholars and policymakers have debated the future of arbitration in the United States. Those debates have taken on new significance in the present Congress, which is considering a variety of reform proposals. Among the most widely watched are ones that would prohibit the enforcement of predispute arbitration clauses in employment, consumer, and franchise contracts. Reviewing the available empirical literature, the paper explains how many of the assumptions driving the arbitration reform debate are unproven at best and flatly wrong at worst. It then tries to sketch out the economic impact of any move by Congress …

Health Privacy In A Techno-Social World: A Cyber-Patient's Bill Of Rights, Patricia S. Abril, Anita Cava

Articles

No abstract provided.

Is There A Perception Of A Glass Ceiling? The Relationship Between Gender And Promotional Opportunities, Cassandra L. Matthews

Sociology & Criminal Justice Theses & Dissertations

This thesis is an exploratory study which examines the perceptions of a glass ceiling for females employed in the field of corrections. Interviews with fourteen women who are or have worked in various job rankings in the correctional field provided the data for this study. Participants described their perceptions of barriers facing women seeking a promotion. Themes identified include the balance between their career and their home life, personal encounters with sexual harassment and the amount of interaction with other males and females while employed in the correctional setting.

This research addresses two central research questions: 1. Is there a …

Foreword, Karen Knop, Ralf Michaels, Annelise Riles

Law and Contemporary Problems

No abstract provided.

The Transformation Of International Comity, Joel R. Paul

Law and Contemporary Problems

No abstract provided.

The Reach Of Rights: “The Foreign” And “The Private” In Conflict-Of-Laws, State-Action, And Fundamental-Rights Cases With Foreign Elements, Jacco Bomhoff

Law and Contemporary Problems

No abstract provided.

Economics Of Law As Choice Of Law, Ralf Michaels

Law and Contemporary Problems

No abstract provided.

Betwixt And Between Recognition: Migrating Same-Sex Marriages And The Turn Toward The Private, Brenda Cossman

Law and Contemporary Problems

Cossman talks about the battery of arguments at work in doctrinal debates about the recognition of gay and lesbian marriages alongside other images of these migrating marriages in television and film and in wedding announcements in the New York Times. At a most basic level, this cultural analysis reminds people that doctrinal efforts to abstract from the substance of disputes aside, substance and, in particular, cultural and political context continue to matter in ways that are often both crucial and unappreciated in the discipline. Moreover, she shows how the intricate moves of recognition and deference that characterize technical doctrinal maneuvering …

The Many Lives — And Faces — Of Lex Mercatoria: History As Genealogy In International Business Law, Nikitas E. Hatzimihail

Law and Contemporary Problems

It has been claimed that cross-border business transactions are governed by a transnational body of norms specific to international trade, generally known as lex mercatoria, the law merchant. This legal phenomenon is in fact often described as the new lex mercatoria, as distinguished from the ancient law merchant, which purportedly flourished in medieval and early modern Europe. Here, Hatzimihail discusses about lex mercatoria, which has been variously described by its advocates as a set of general principles and customary rules spontaneously referred to or elaborated in the framework of international trade.

Subjects Of Sovereignty: Indigeneity, The Revenue Rule, And Juridics Of Failed Consent, Audra Simpson

Law and Contemporary Problems

Simpson examines the way in which indigeneity and sovereignty have been conflated with savagery, lawlessness, and smuggling in recent history. The national problem of indigenous smuggling is reconstructed here as it was portrayed in the public eye, largely via the media, and then through conflict-of-laws cases concerning the interpretation and application of the revenue rule. Simpson further discusses economic activities that express indigenous cultural and historical practice and that reflect a larger set of socio-economic conditions.

Colonialism Without Colonies: On The Extraterritorial Jurisprudence Of The U.S. Court For China, Teemu Ruskola

Law and Contemporary Problems

The US Court for China was created by Congress in 1906, and it was not abolished until 1943. The Shanghai-based court had extraterritorial jurisdiction over all American citizens within its district, known as the District of China for jurisdictional purposes. The court is fascinating in its own right, and it produced what one observer has described as a system of jurisdiction that was more complete than that of any body extraterritorial law. Here, Ruskola elaborates the court's jurisprudence. He focuses on some of the conflicts-of-law problems the court had to face. Also, he describes the law applied by the court, …

Performing Party Autonomy, Fleur Johns

Law and Contemporary Problems

No abstract provided.

Citizenship, Public And Private, Karen Knop

Law and Contemporary Problems

Knop develops private international law as the private side of citizenship. She shows that although individuals think of citizenship as public, private international law covers some of the same ground. Private international law also harks back to a historical conception of the legal citizen as someone who could sue and be sued, and someone who belonged to a community of shared or common law that was not necessarily a territorial community. She demonstrates that Anglo-Canadian private international law has particular value as private citizenship in a post-9/11 world because its treatment of enemy aliens, illegal immigrants, and members of religious …

State Intentions And The Law Of Punishment, Alice Ristroph

Faculty Scholarship

No abstract provided.

Ethics, Professionalism And Politics, Ronald Kaiser

Publications

No abstract provided.

Federal Water R&D: Current Landscape, Future Goals And Emerging Technologies, Gene Whitney

Publications

No abstract provided.

State Legislative Update, Gregory Cassens, Matthew D. Decker, Carly Duvall, Claire Mcguire

Journal of Dispute Resolution

The purpose of this Bill is to provide an alternative approach for individuals with a cause of action against a municipality.' Rather than the costly and time-consuming traditional method of hiring an attorney and filing a lawsuit, House Bill 2631 offers individuals an opportunity for Alternative Dispute Resolution ("ADR") in the form of arbitration. The Bill would allow any individual with a claim in contract or tort against a municipality to require the municipality to submit to the arbitration of the claim. The purpose of House Bill 2631 is to facilitate the resolution of individual claims against a city. However, …

No Exceptions: How The Legitimate Business Justification For Unconscionability Only Further Demonstrates California Courts' Disdain For Arbitration Agreements, Thomas H. Riske

Journal of Dispute Resolution

In Davis v. O'Melveny & Myers, the Ninth Circuit Court of Appeals considered whether an arbitration agreement adopted by a law firm and distributed to its employees was enforceable. When interpreting an arbitration agreement, how the contract doctrine of unconscionability should be applied by state courts, is an essential element of this case. While the Federal Arbitration Act ("FAA") has been interpreted to preempt any state law in conflict with it, state laws governing the necessary foundation to revoke a contract remain unaffected. In considering these principles, state courts have applied the doctrine of unconscionability to arbitration agreements in the …

Effect In Montana Of Community-Source Property Acquired In Another State (And It's Impact On Montana Marriage, Dissolution, Estate Planning, Property Transfers, And Probate, Charles W. Willey

Montana Law Review

Community-Source Property

Gonzales V. Carhart: Bringing Abortion Back Into The Family Law Fold, Helen M. Alvare

Montana Law Review

Abortion Law

Morse V. Frederick: Locking The "Schoolhouse Gate" On The First Amendment, Jennifer A. Giuttari

Montana Law Review

First Amendment