Law Commons^™

Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, Michael A. Helfand

Michael A Helfand

This Article considers a trend towards what I have termed the "new multiculturalism," where conflicts between law and religion are less about recognition and symbolism and more about conflicting legal orders. Nothing typifies this trend more than the increased visibility of religious arbitration, whereby religious groups use current arbitration doctrine to have their disputes adjudicated not in U.S. courts and under U.S. law, but before religious courts and under religious law. This dynamic has pushed the following question to the forefront of the multicultural agenda: under what circumstances should U.S. courts enforce arbitration awards issued by religious courts in accordance …

Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay

Paul R. Tremblay

In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns …

A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield

Kent Greenfield

Written for the recent conference at St. John’s University Law School on “People of Color, Women, and the Public Corporation,” this paper evaluates recently applied methods of influencing corporate behavior on employment practices and recommends that a dormant legal doctrine be revitalized and added to the “tool box” of activists and concerned shareholders. The methods of influencing corporate behavior that are evaluated include class action lawsuits and shareholder proposals to amend corporate policy. In both contexts, there are procedural hurdles to achieving success. Even when success is achieved, there are limits to the actual changes in organizational behavior that result. …

Fighting For The Debtor's Soul: Regulating Religious Commercial Conduct, Michael A. Helfand

Michael A Helfand

Although courts often think of religion in terms of faith, prayer, and conscience, many religious groups are increasingly looking to religion as a source of law, commerce, and contract. As a result, courts are being called upon to regulate conduct that is simultaneously religious and commercial. In addressing such cases, some courts minimize the religious features of the case and simply focus on its secular elements while others over-exaggerate the religious features of the case and thereby refuse to adjudicate the dispute on Establishment Clause grounds. As an example of this dynamic, I explore the constitutionality of imposing sanctions for …

Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp

Diane Hoffmann

No abstract provided.

The Role Of Judicial Discretion In Dispute Settlement, James Andreoni, Ray D. Madoff

Ray D. Madoff

We consider two common modes of judicial resolution: judicial discretion, where the judge or jury has broad discretion in fashioning a remedy, and winner take all where the remedy is pre-determined by the governing substantive law. We analyze these systems in light of the fact that pre-trial bargainers have been shown to have excessive confidence in their own positions. We find theoretically that winner-take-all rules magnify the effects of over-confidence and diminish the likelihood of settling relative to judicial discretion. We confirm our model with a laboratory experiment showing significantly fewer pre-trial agreements under winner-take-all. These results imply that increasing …

Vincentian Leadership—Advocating For Justice, Craig B. Mousin

Craig B. Mousin

DePaul University employs thousands of people. As Craig Mousin writes, “To do justice to those we seek to serve necessitates that we do justice to those who engage in our work.” He explores “the centrality of work to life and mission” (including the personal and individual missions employees have for themselves) and what justice in the workplace means. He “examine[s] historical concepts of justice to understand what an advocate of justice works toward in a Vincentian institution.” Mousin also discusses how Vincentian leadership principles and “understandings of justice” should be applied in employment situations, especially when the law might advise …

Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan

Donald J. Kochan

In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …

La Rebelion De Las Franquicias, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Esq.

Rodolfo C. Rivas

The authors briefly explore the differences between multi-unit franchising (several units of the same franchise) and pluri-franchising (different franchises that may or may not be in direct competition) and look at its pros and cons as well as the legal risks through a few selected case studies./////////////////////////////Los autores exploran brevemente las diferencias entre multifranquicias (varias unidades de la misma franquicia) y plurifranquicias (unidades de diferentes franquicias que pueden o no estar en competencia directa) a través de sus pros y sus contras, así como sus riesgos legales.

Final Offer Arbitration: The Last Word In Public Sector Labor Disputes, Rena Seplowitz

Rena C. Seplowitz

No abstract provided.

Marca Corporal, Derecho De Propiedad Intelectual (Derecho De Tatuajes), Rodolfo C. Rivas Rea Esq., Marco A. Vargas Esq.

Rodolfo C. Rivas

The authors go back to the origins of tattoos and trace its way into mainstream pop culture. In doing so, they analyze the legal implications of tattoos relating to IP through various brief case studies.////////////////////////////////////////////////////////////////////////////////////////////////Los autores se remontan a los orígenes de los tatuajes y trazan su camino dentro de la cultura pop. Paralelamente, analizan las implicaciones jurídicas de los tatuajes a través de diversos casos.

Similarities Between Arbitration And Bankruptcy Litigation, Stephen Ware

Stephen Ware

El "Product Placement" En El Cine, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.

Rodolfo C. Rivas

The authors discuss briefly the history of product placement in film citing several examples. Then, they analyze the current state of regulation and look forward at what lies ahead, as product placement has become ingrained in the entertainment industry.///////////////////////////////////////////////////////////////////////////////////////////////Los autores analizan de una forma breve la historia del emplazamiento de productos o product placement en el cine, utilizando varios ejemplos. Después se adentran en el estado actual de la regulación y miran hacia el futuro de la industria.

Paper For Presentation At The Jpil 2011 Conference In Milan: New Technology, New Problems And New Solutions - Private International Law And The Internet Revisited, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Speaker, “Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders”, Michael Helfand

Michael A Helfand

No abstract provided.

Predisposed With Integrity: The Elusive Quest For Justice In Tripartite Arbitrations, Deseriee A. Kennedy

Deseriee A. Kennedy

No abstract provided.

The Slings And Arrows Of Outrageous Fortune: Can You 'Lose' The Lottery But Still Win?, Mary J. Shariff, Darcy L. Macpherson

Mary J. Shariff

This article discusses potential legal arguments that can be made for a lottery player in a seemingly hopeless situation: buying a winning lottery ticket immediately before the deadline, only to find out that the ticket was mistakenly dated for the next week’s draw. Although the lottery rules and regulations and the courts’ interpretation thereof are strongly slanted against lottery players, the authors nevertheless argue that a consistent and coherent application of traditional contact law principles could favor the claimant. They note that Canadian courts have rarely been consistent in their application of contract law to lottery situations, with courts sometimes …

Franquicia Maestra (Master Franchise), Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.

Rodolfo C. Rivas

The authors focus on how the Master Franchise agreement provides a solid legal strategy to expand a successful franchise beyond domestic borders.//////////////////////////////////////////////////Los autores analizan como el contrato de Master Franquicia proporciona una sólida estrategia legal para expandir una exitosa franquicia más allá de las fronteras nacionales.

Understanding Conflict Resolution From The Inside Out Or Why 800 Pound Gorillas Aren’T Great Mediators, Sherrill W. Hayes

Sherrill W. Hayes

Speaker, “Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders”, Michael Helfand

Michael A Helfand

No abstract provided.

Panelist, “Rabbinical Arbitration In The 21st Century: Contemporary Issues And Challenges”, Michael Helfand

Michael A Helfand

No abstract provided.

Considering Recalibration Of International Investment Agreements: Empirical Insights, Susan Franck

Susan D. Franck

No abstract provided.

Investor-State Disputes: Prevention And Alternatives, Susan Franck

Susan D. Franck

No abstract provided.

Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten

Ulf Maunsbach

No abstract provided.

Universal Arbitration Between Freedom And Constraint: The Challenges Of Assessment And Control Of Jurisdiction In Multiparty Multi-Contract Arbitration In Arbitration, Karim Youssef

Dr. Karim Y Youssef

No abstract provided.

Confirming Piskei Din In Secular Court, Michael Helfand

Michael A Helfand

No abstract provided.

Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Moving Beyond "Just" A Deal, A Bad Deal Or No Deal: How A Deal-Facilitator Engaged By The Parties As "Counsel To The Deal" Can Help Them Improve The Quality And Sustainability Of The Outcome, Manon Schonewille, Kenneth Fox

Kenneth H Fox

Mediation is commonly characterized as one of several core ADR processes. The vast majority of the mediation literature focuses on dispute settlement and resolution. However, relatively little attention is paid to the transactional potential of business mediation - ways in which this ADR process can assist the parties to build better deals. This article describes mediation as a deal-facilitation process.

Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs

Olanike Sekinat Adelakun