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Articles 2161 - 2190 of 11501
Full-Text Articles in Law
You Promised You Wouldn't Tell: Modifying Arbitration Confidentiality Agreements To Allow Third-Party Access To Prior Arbitration Documents, Gotham Holdings, Heath Grades
You Promised You Wouldn't Tell: Modifying Arbitration Confidentiality Agreements To Allow Third-Party Access To Prior Arbitration Documents, Gotham Holdings, Heath Grades
Journal of Dispute Resolution
To facilitate the speed, cost-effectiveness, and casual atmosphere of arbitration, it has long been thought that parties must trade in the usual features of the courts, such as precedent, appellate review, and certain evidentiary rules. With the increasing use of arbitration, many parties have begun to demand that some of the comforts that have long accompanied litigation be merged with the benefits of arbitration. Courts have, for the most part, denied such demands. Nevertheless, the Seventh Circuit in Gotham Holdings allowed such a demand by ruling that third parties must have the opportunity to obtain prior arbitration awards and use …
Union Refusal To Arbitrate: Pyett's Unanswered Question, F. Ryan Van Pelt
Union Refusal To Arbitrate: Pyett's Unanswered Question, F. Ryan Van Pelt
Journal of Dispute Resolution
Kravar v. Triangle Services, Inc., provides the most workable solution to date, balancing competing union, employer, and employee interests. Kravar gives an employee access to federal court, as a matter of right, in the face of union refusal to arbitrate his or her federal statutory claims.8 Although the Federal District Court for the Southern District of New York offered little discussion of the policy behind its new rule, there are sound policy rationales underlying it.
In Praise Of Whig Lawyering: A Commentary On Abraham Lincoln As Lawyer--And Politician, Joseph A. Ranney
In Praise Of Whig Lawyering: A Commentary On Abraham Lincoln As Lawyer--And Politician, Joseph A. Ranney
Marquette Law Review
None
To Return Or Stay?, John Harland Giammatteo
South Carolina's Sexual Conduct Law After Lawrence V. Texas, Marghretta Adeline Hagood
South Carolina's Sexual Conduct Law After Lawrence V. Texas, Marghretta Adeline Hagood
South Carolina Law Review
No abstract provided.
The Tortious Loss Of A Nonviable Fetus: A Miscarriage Leads To A Miscarriage Of Justice, Douglas E, Rushton
The Tortious Loss Of A Nonviable Fetus: A Miscarriage Leads To A Miscarriage Of Justice, Douglas E, Rushton
South Carolina Law Review
No abstract provided.
If I Told You Then I'D Have To Kill You: The Standard For Discovery Of Trade Secrets In South Carolina, Ranee Saunders
If I Told You Then I'D Have To Kill You: The Standard For Discovery Of Trade Secrets In South Carolina, Ranee Saunders
South Carolina Law Review
No abstract provided.
Confidential Witnesses: The Reform Act And The Battle At The Pleading Stage, Ariel S. Lichterman
Confidential Witnesses: The Reform Act And The Battle At The Pleading Stage, Ariel S. Lichterman
Cardozo Public Law, Policy & Ethics Journal
The note examines the role of confidential witnesses in securities litigation under the Private Securities Litigation Reform Act (PSLRA) and the Supreme Court's Tellabs v. Makor Issues & Rights, Ltd. decision. It highlights the challenges courts face in evaluating confidential witness statements, advocating for a balanced approach that considers both the necessity of such evidence and the prevention of abusive litigation. The analysis emphasizes the need for courts to align their methods with the holistic review mandated by Tellabs while addressing the tension between protecting anonymity and assessing credibility.
Thinking About Technology – 2010: The Year Of The Ipad?, Darla Jackson
Thinking About Technology – 2010: The Year Of The Ipad?, Darla Jackson
Other Faculty Publications
In April 2010 Apple released the iPad. Other technology producers have announced upcoming releases of tablet computers. This article discusses how the iPad may serve the needs of the legal community and potentially affect law libraries.
How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies
How The Post-Framing Adoption Of The Bare-Probable-Cause Standard Drastically Expanded Government Arrest And Search Power, Thomas Y. Davies
Law and Contemporary Problems
Davies exposes a story that has been almost entirely overlooked: that the now-accepted doctrine that probable cause alone can justify a criminal arrest or search did not emerge until well after the framing of the Bill of Rights in 1789 and constituted a significant departure from the criminal-procedure standards that the Framers of the Bill thought they had preserved.
Government Dragnets, Christopher Slobogin
Government Dragnets, Christopher Slobogin
Law and Contemporary Problems
Slobogin describes the nature and effects of dragnet actions. They do so primarily through the prism of Supreme Court and lower court cases, but these sections also look at law-enforcement efforts that have yet to lead to litigation and imagine future dragnet efforts as well, with a special emphasis on the role technology can play in motivating dragnets and carrying them out. He then summarizes the Supreme Court's approach to group searches and the most significant alternative proposals for dealing with them.
What Is Probable Cause, And Why Should We Care?: The Costs, Benefits, And Meaning Of Individualized Suspicion, Andrew E. Taslitz
What Is Probable Cause, And Why Should We Care?: The Costs, Benefits, And Meaning Of Individualized Suspicion, Andrew E. Taslitz
Law and Contemporary Problems
Taslitz defines probable cause as having four components: one quantitative, one qualitative, one temporal, and one moral. He focuses on the last of these components. "Individualized suspicion," the US Supreme Court has suggested, is perhaps the most important of the four components of probable cause. That is a position with which he heartily agree. The other three components each play only a supporting role. But individualized suspicion is the beating heart that gives probable cause its vitality.
Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley
Reconceiving The Fourth Amendment And The Exclusionary Rule, Craig M. Bradley
Law and Contemporary Problems
Bradley discusses the Hudson and Herring decisions, the practices of other countries, and various previous suggestions for exclusionary-rule reform. Then, he sets forth a reconception of the exclusionary rule, as well as the constitutional principles that gave rise to it. These reconceptions suggest a roadmap to exclusionary reform that might reconcile the factions on the Court who strongly support and strongly oppose the current mandatory rule.
Editor’S Note, Patrick M. Duggan
Editor’S Note, Patrick M. Duggan
Duke Environmental Law & Policy Forum
No abstract provided.
Ecosystem Services And Federal Public Lands: Start-Up Policy Questions And Research Needs, J. B. Ruhl
Ecosystem Services And Federal Public Lands: Start-Up Policy Questions And Research Needs, J. B. Ruhl
Duke Environmental Law & Policy Forum
No abstract provided.
The State And Regional Role In Developing Ecosystem Service Markets, Gail L. Achterman, Robert Mauger
The State And Regional Role In Developing Ecosystem Service Markets, Gail L. Achterman, Robert Mauger
Duke Environmental Law & Policy Forum
No abstract provided.
Additionality: The Next Steps For Ecosystem Service Markets, Karen Bennett
Additionality: The Next Steps For Ecosystem Service Markets, Karen Bennett
Duke Environmental Law & Policy Forum
No abstract provided.
Adr And The Rule Of Law: Making The Connection, Richard C. Reuben
Adr And The Rule Of Law: Making The Connection, Richard C. Reuben
Faculty Publications
In this article, I will address important definitional questions and try to articulate why it is important for practitioners, program managers, scholars, judges, and others involved in ADR to engage questions about the relationship between ADR and the rule of law.
Book Review: The Democratic Aspects Of Trade Union Recognition, By Alan Bogg, Anthony Forsyth
Book Review: The Democratic Aspects Of Trade Union Recognition, By Alan Bogg, Anthony Forsyth
Osgoode Hall Law Journal
No abstract provided.
From Scanning To Sexting: The Scope Of Protection Of Dignity-Based Privacy In Canadian Child Pornography Law, Andrea Slane
From Scanning To Sexting: The Scope Of Protection Of Dignity-Based Privacy In Canadian Child Pornography Law, Andrea Slane
Osgoode Hall Law Journal
The Canadian approach to privacy rights in one's body is embedded in the relationship between interests in privacy, bodily integrity, and human dignity. Clarifying these interests is complicated by Canada's middle-ground stance between the European "dignity-based" approach to privacy and the US "liberty-based" orientation. The Canadian approach is closer to the European model when intrusions upon the body are conceived as wholly or mostly non-consensual (e.g., strip searches, voyeurism, and most child pornography). However, once consent plays a potentially determinative rote, the US liberty-based approach gains ground. This reluctance to fully align dignity with privacy results in confusion about the …
Book Notes: Lawscape: Property, Environment, Law, By Nicole Graham, Maggie Chien
Book Notes: Lawscape: Property, Environment, Law, By Nicole Graham, Maggie Chien
Osgoode Hall Law Journal
No abstract provided.
Interventions At The Supreme Court Of Canada: Accuracy, Affiliation, And Acceptance, Benjamin R. D. Alarie, Andrew J. Green
Interventions At The Supreme Court Of Canada: Accuracy, Affiliation, And Acceptance, Benjamin R. D. Alarie, Andrew J. Green
Osgoode Hall Law Journal
Interveners make submissions in about half of the cases heard by the Supreme Court of Canada, but the motivations for and consequences of the practice are not clearly understood. Considered broadly, there are at least three functions that the practice of intervention might perform. The first possibility is that hearing from interveners might provide objectively useful information to the Court (i.e., interveners might promote the "accuracy" of the Court's decision making). A second possibility is that the practice of intervention allows interveners to provide the "best argument" for certain partisan interests that judges might want to "affiliate" with. A third …
To Opine Or Not To Opine, That Is The Question: A Discussion Of A Patent Agent's Representation Of Others Before The United States Patent And Trademark Office In Light Of Revised Rules Of Patent Ethics And Professionalism, Nathan D. Renov
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Pitfalls And Possibilities Of Using Technology In Mediating Cross-Border Child Custody Cases, The, Melissa A. Kucinski
Pitfalls And Possibilities Of Using Technology In Mediating Cross-Border Child Custody Cases, The, Melissa A. Kucinski
Journal of Dispute Resolution
This paper will explore current efforts to ensure parents have the opportunity to elect voluntary mediation with a skilled international family mediator to resolve issues stemming from one parent traveling to another country with the parties' child, against the wishes of the co-parent. Additionally, this paper will explore, in general, the practical and substantive considerations in mediating a cross-border child custody case, with a focus on one issue of primary concern-the use of technology in these mediations. The paper will additionally include a discussion on whether technology will hinder or help resolution when considering cultural differences. Many mediators prefer to …
Mediation Tune Up For The State Court Appellate Machine, A, Bobbi Mcadoo
Mediation Tune Up For The State Court Appellate Machine, A, Bobbi Mcadoo
Journal of Dispute Resolution
This Article begins in Part II with a review of the rationale for appellate mediation programs. In Part III the Article will discuss the development and evaluation of a pilot program for the mediation of family appellate cases in Minnesota. The pilot was developed and implemented with the goals of settlement and other qualitative justice measures in mind. Moreover, preliminary evaluation results for the pilot suggest that both continue to be important and can be achieved.3 In Part IV the Article will discuss the elements of program design most likely to make appellate mediation programs succeed, in terms of both …
Obituary For The Federal Arbitration Act: An Older Cousin To Modern Civil Procedure, An, Imre S. Szalai
Obituary For The Federal Arbitration Act: An Older Cousin To Modern Civil Procedure, An, Imre S. Szalai
Journal of Dispute Resolution
In order to explore the different ways in which the FAA is related to the development of modern civil procedure, this article is divided into four main parts. first, this article discusses how the FAA is related to the Judiciary Act of 1925. Second, this article focuses on the FAA's relationship to the enactment of the Rules Enabling Act and the related adoption of the Federal Rules of Civil Procedure. Third, this article discusses how the Supreme Court's transformation of the doctrine of personal jurisdiction in International Shoe is related to the enactment of the FAA. Fourth, this article discusses …
Keeping Faith With The Vision: Interpreting A Constitution For This And Future Generations, James C. Nelson
Keeping Faith With The Vision: Interpreting A Constitution For This And Future Generations, James C. Nelson
Montana Law Review
Interpreting a Constitution
The Rise And Fall Of The New Judicial Federalism Under The Montana Constitution, Betsy Griffing
The Rise And Fall Of The New Judicial Federalism Under The Montana Constitution, Betsy Griffing
Montana Law Review
Rise and Fall of the New Judicial Federalism