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2010

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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 Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

To Return Or Stay?, John Harland Giammatteo

Other Scholarship

No abstract provided.


South Carolina's Sexual Conduct Law After Lawrence V. Texas, Marghretta Adeline Hagood Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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.


Journal Staff Jul 2010

Journal Staff

Law and Contemporary Problems

No abstract provided.


Editor’S Note, Patrick M. Duggan Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

Additionality: The Next Steps For Ecosystem Service Markets, Karen Bennett

Duke Environmental Law & Policy Forum

No abstract provided.


Journal Staff Jul 2010

Journal Staff

Duke Environmental Law & Policy Forum

No abstract provided.


Adr And The Rule Of Law: Making The Connection, Richard C. Reuben Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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 Jul 2010

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