Law Commons^™

The Merril Doctrine And Federally Reinsured Crop Insurers, Chad G. Marzen

North Dakota Law Review

No abstract provided.

Broken Promise: The Demise Of "Sure And Certain Relief" Under The North Dakota Workers Compensation Act, Dean J. Haas

North Dakota Law Review

No abstract provided.

A Criminal Defendant's Right To Testify: Constitutional Implications Of Presuming Waiver From A Silent Record, Alexander J. Stock

North Dakota Law Review

No abstract provided.

Annual Index, North Dakota Law Review

North Dakota Law Review

No abstract provided.

Searches And Seizures – Fourth Amendment And Reasonableness: The Maryland Dna Collection Act Allows Pre-Conviction Securing Of Dna Samples For Identification Maryland V. King, 133 S. Ct. 1958, Krista Thompson

North Dakota Law Review

No abstract provided.

The Dark Side Of The Bakken Boom: Protecting The Importance Of An Oil And Gas Lease's Bonus Payment Through Proposed Legislative Amelioration Of Irish Oil And Gas, Incorporated V. Reimer, Zachary R. Eiken

North Dakota Law Review

No abstract provided.

Punishment First: A Study Of Juvenile Pretrial Detention, Richard V. Foster, David Tanenhaus, Heather Lynn Lusty

McNair Poster Presentations

How society and the legal system should respond to youth crime is a volatile issue. Much research exists on this topic broadly. A largely overlooked subset exists regarding the rights of juveniles in the United States who face pretrial confinement, specifically how juveniles accused of delinquency are treated by the courts. Delinquency or a delinquent act, in the context of this study, is “an act that would be considered a crime if committed by an adult.”7. Adults and children are processed by the courts differently, each with their own rights and court mandated procedures to follow. This report analyzes …

The Surveillance Society And The Third-Party Privacy Problem, Shaun B. Spencer

South Carolina Law Review

No abstract provided.

Toward A Better Understanding Of Ripeness And Free Speech Claims, Wm. Grayson Lambert

South Carolina Law Review

No abstract provided.

Insider Trading Restrictions And Top Executive Compensation, David J. Denis, Jin Xu

Purdue CIBER Working Papers

The use of equity incentives is significantly greater in countries with stronger insider trading restrictions, and these higher incentives are associated with higher total pay. These findings are robust to alternative definitions of insider trading restrictions and enforcement, and to panel regressions with country fixed effects. We also find significant increases in top executive pay and the use of equity-based incentives in the period immediately following the initial enforcement of insider trading laws. We conclude that insider trading laws are one channel through which cross-country differences in pay practices can be explained.

Extraterritoriality And Extranationality: A Comparative Study, Zachary D. Clopton

Cornell Law Faculty Publications

International lawyers are familiar with the concept of extraterritoriality the application of one country's laws to persons, conduct, or relationships outside of that country. Yet the transborder application of law is not limited to international cases. In many states, the presence of indigenous peoples, often within defined borders, creates an analogous puzzle. This Article begins a comparative study of foreign- and native-affairs law by examining the application of domestic laws to foreign facts ("extraterritoriality") and to indigenous peoples, often called "nations" ("extranationality"). Using a distinctive double-comparative perspective, this Article analyzes extraterritoriality and extranationality across three countries: the United States, Canada, …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 14, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Increasing Referrals To Small Claims Mediation Programs: Models To Improve Access To Justice, Heather Scheiwe Kulp

Cardozo Journal of Conflict Resolution

The justice system is in crisis. In 2011, 85% of Connecticut's family court cases had at least one self-represented litigant. In Massachusetts, 92% of parties appearing in housing cases are selfrepresented. New York saw self-representation in 97% of child support cases. Although judges and attorneys are learning to adapt to this new reality, the strain is felt strongly by bench and bar alike.

This article explores a service that many courts already offer-small claims mediation-and studies how courts may more effectively refer parties to such services. Specifically, this article identifies six primary models courts use to refer parties to small …

Hawaiian Land Disputes: How The Uncertainty Of The Native Hawaiian Indigenous Tribal Status Exacerbates The Need For Mediation, Donna S. Salcedo

Cardozo Journal of Conflict Resolution

Many people see the Hawaiian Islands as a paradise in the Pacific Ocean. However, most are unaware that history has left an unpleasant and permanent scar on the original inhabitants of the islands, the Native Hawaiians. It is often forgotten that the islands were once ruled by its monarchy. In fact, the Hawaiian Kingdom was not overthrown until 1893, and the islands did not reach statehood until 1959. Despite this however, Native Hawaiians have never officially been considered an indigenous tribe. This lack of recognition from the federal government has caused a strong sense of injustice that is prevalent throughout …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 14, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

A Tale Of Two Lawyers: How Arbitrators And Advocates Can Avoid The Dangerous Convergence Of Arbitration And Litigation, Neal M. Eiseman, John E. Bulman, R. Thomas Dunn

Cardozo Journal of Conflict Resolution

When modern arbitration became popular in the United States in the 18th and 19th centuries, courts viewed it as a threat to their exclusive powers. Over time, that mindset has changed dramatically. The passage of the Federal Arbitration Act ("FAA") in 1926 embraced a federal policy strongly favoring arbitration as a method of relieving court congestion and providing parties with a speedier, less costly means of resolving disputes. Thereafter, agreements to arbitrate found their way into many standard form agreements and business contracts as arbitration became accepted as a bona fide alternative to litigating in court. Today, as litigators can …

Is Adjudication A Public Good? "Overcrowded Courts" And The Private Sector Alternative Of Arbitration, Stephen J. Ware

Cardozo Journal of Conflict Resolution

Courts are underfunded, dockets are crowded, and litigation is slow. These observations lead many lawyers and judges to call for increased court funding. While I would like to see a significantly higher percentage of government spending go to courts, I do not believe that is likely to happen. So I suggest we think about "underfunded" courts differently.

Exchanging Shares To Settle A Lawsuit: Should A Confidentiality Agreement Bar Evidence Of Securities Fraud?, Christopher Tao

Cardozo Journal of Conflict Resolution

Suppose that two parties enter into a mediated written settlement, but in a subsequent court proceeding, one party claims to have discovered evidence clearly establishing fraud by the opposing party during the mediation process. When a court has to determine whether or not to enforce a negotiated settlement, do mediation confidentiality rules permit the court to admit one party's evidence of the other party's fraud or misrepresentations during the mediation?

Is Adr The Solution? How Adr Gets Around The Get Controversy In Jewish Divorce, Aviva Vogelstein

Cardozo Journal of Conflict Resolution

The New York State government in particular has attempted to find creative solutions to the modern problems associated with Jewish divorce issues. This Note first gives a brief historical background of the beth din and the reasons for its authority, elucidating why alternative dispute resolution (ADR) benefits the American legal system and explaining how and why the beth din serves as a preferred method of ADR in contemporary America. Using New York as a case study, this Note then proposes that, although New York civil legislative solutions and tort claims for intentional infliction of emotional distress may sometimes achieve satisfactory …

Law And Negotiation: Necessary Partners Or Strange Bedfellows?, Nancy L. Schultz

Cardozo Journal of Conflict Resolution

Almost thirty years ago, Robert Condlin wrote an article discussing the frustrations of students in his Negotiations class. He noted that his law students saw legal argument in negotiation primarily as a source of vexation rather than resolution. In the twenty-plus years I have taught negotiations, I have heard the same thing many times. Students will prepare and research and then be disconcerted when their negotiating partners are not swayed by their brilliant legal arguments. One comment by a student in a paper discussing his team's preparation for negotiation shows the initial thought process in a domestic relations negotiation: "It …

The Age Of (Guilt Or) Innocence: Using Adr To Reform New York's Juvenile Justice System In The Wake Of Miller V. Alabama, Morgan Molinoff

Cardozo Journal of Conflict Resolution

"Youth matters." The concept is deceptively simple. Of course youth matters. One must be a certain age to drive, to vote, to drink, to be elected president. However, the issue becomes much more complex in the context of criminal responsibility and punishment. Should children be held less accountable for their crimes because of their age? Do juveniles have a greater capacity for rehabilitation than adults? By explaining that youth matters in Graham v. Florida and holding that juveniles cannot be sentenced to life in prison without parole for non-homicide crimes, Justice Kennedy of the United States Supreme Court answered these …

Motions In Motion: Teaching Advanced Legal Writing Through Collaboration, Elizabeth Shaver, Sarah Morath, Richard Strong

Akron Law Faculty Publications

Legal education is at a crossroads. Practitioners, academics, and students agree that more experiential learning opportunities are needed in law school.

In 2007, the Carnegie Foundation report, Educating Lawyers: Preparation for the Profession of Law (Carnegie Report), called for law schools to provide apprentice experiences to better prepare prospective attorneys for the world of practice. That same year, the Best Practices in Legal Education advocated for “experiential education” and “encourage[d] law school[s] to expand its use.” More recently, in August 2011, the American Bar Association adopted a resolution sponsored by the New York Bar Association summoning law schools to “focus …

Lrw's The Real World: Using Real Cases To Teach Persuasive Writing, Elizabeth Shaver

Akron Law Faculty Publications

Today’s law students approach their legal education with a clear focus on acquiring the skills needed to succeed in the “real world” of lawyering. Legal writing professors can leverage this focus on the real world by using real cases to teach the principles of persuasive writing. This article describes a “case-study” method in which students analyze materials from real cases to learn the most critical components of persuasive writing – development of a theme, organization of legal arguments, and best use of case authority. As part of this exercise, students step into the role of the practitioner and construct arguments …

Supreme Court Review: Legalistic Argle-Bargle, Molly Mcburney, Kristen Barnes, Bernadette Genetin, Wilson Huhn, William Jordan, Marge Koosed, Rich Lavoie, Brant Lee, Elizabeth Reilly, Bill Rich, Kalyani Robbins, Jeff Samuels, Tracy Thomas, Katharine Van Tassel

Akron Law Faculty Publications

No abstract provided.

Motions In Motion: Teaching Advanced Legal Writing Through Collaboration, Richard Strong, Elizabeth Shaver, Sarah Morath

Akron Law Faculty Publications

Legal education is at a crossroads. Practitioners, academics, and students agree that more experiential learning opportunities are needed in law school.

In 2007, the Carnegie Foundation report, Educating Lawyers: Preparation for the Profession of Law (Carnegie Report), called for law schools to provide apprentice experiences to better prepare prospective attorneys for the world of practice. That same year, the Best Practices in Legal Education advocated for “experiential education” and “encourage[d] law school[s] to expand its use.” More recently, in August 2011, the American Bar Association adopted a resolution sponsored by the New York Bar Association summoning law schools to “focus …

Back To The Future Of Abortion Regulation In The First Term, Tracy A. Thomas

Akron Law Faculty Publications

Abortion and women's reproductive rights have reemerged as front-page news. As popular culture grapples with election rhetoric, states continue to engage in aggressive anti-abortion regulation of first-term abortions. In the first half of 2011, more abortion bills have passed to restrict abortion than ever before. The 162 new abortion bills passed by 19 states in the first six months of the year dwarf the average number of abortion bills for the last three decades of 15 per year. Even more, these bills propose significantly more stringent limits on abortion than in the past, including mandatory ultrasound viewings, intensive counseling, and …

Battling Collateral Consequences: The Long Road To Redemption, Joann M. Sahl

Akron Law Faculty Publications

Mississippi Governor Haley Barbour issued 193 controversial pardons on January 10, 2012, his last day in office. Former Ohio Governor Ted Strickland, who left office in January 2011, also faced criticism when he granted 280 pardons. Both governors publicly acknowledged that they granted most of their pardons to rehabilitated ex-offenders who sought to overcome the civil consequences of their criminal convictions. These consequences, known as collateral consequences, impede the ability of millions of ex-offenders to find employment, housing or other important benefits.

This Article explores the increasingly important, but controversial, role that governors play in the battleground of collateral consequences. …

Super-Intermediaries, Code, Human Rights, Ira S. Nathenson

Intercultural Human Rights Law Review

We live in an age of intermediated network communications. Although the internet includes many intermediaries, some stand heads and shoulders above the rest. This article examines some of the responsibilities of "Super-Intermediaries" such as YouTube, Twitter, and Facebook, intermediaries that have tremendous power over their users' human rights. After considering the controversy arising from the incendiary YouTube video Innocence of Muslims, the article suggests that Super-Intermediaries face a difficult and likely impossible mission of fully servicing the broad tapestry of human rights contained in the International Bill of Human Rights. The article further considers how intermediary content-control procedures focus too …

Compensating Collateral Damage In Elective International Conflict (Distinguished Lecture), W. Michael Reisman

Intercultural Human Rights Law Review

"Compensating Collateral Damage in Elective International Conflict", a Distinguished Lecture by W. Michael Reisman.

Embracing Mercy: Rehabilitation As A Means To Fairly And Efficiently Address Immigration Violations, David C. Koelsch

Intercultural Human Rights Law Review

Efforts by the U.S. Congress and the Obama Administration to provide millions of undocumented immigrants a path to legal status will fail unless deserving immigrants are allowed to overcome prior immigration or minor criminal violations. Indeed, a pathway to legal status is a hollow gesture if the path is either too narrow or too steep. As one means of evaluating which immigrants should benefit from comprehensive immigration reform, rehabilitation allows immigrants to demonstrate that they deserve a second chance and provides policymakers with a buffer against critics of immigration reform who allege it is nothing more than an amnesty for …