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Full-Text Articles in Law

Reconstructing The Voice Of Authority, Susie Salmon Nov 2017

Reconstructing The Voice Of Authority, Susie Salmon

Akron Law Review

Notwithstanding the presence of three women on the Supreme Court of the United States, in terms of gender equality, surprisingly little has changed in the legal profession over the past 20 years. This stagnation is particularly apparent in the highest paying and most prestigious sectors, such as the Supreme Court bar, the top echelons of the top law firms, the judiciary, and the general-counsel’s office. Even where objective facts suggest that female lawyers should be hired, billed out, or compensated at the same or higher rate than their male peers, subjective decisions informed, in part, by bias and stereotype drive …


Do Muddy Waters Shift Burdens?, Carrie Sperling, Kimberly Holst Jun 2017

Do Muddy Waters Shift Burdens?, Carrie Sperling, Kimberly Holst

Maryland Law Review

No abstract provided.


Resurrecting (And Modernizing) The Research Treasure Hunt, Nancy E. Vettorello Jan 2017

Resurrecting (And Modernizing) The Research Treasure Hunt, Nancy E. Vettorello

Articles

First-year associates will spend forty-five percent of their time on legal research; second- and third-year associates will spend thirty percent. And unfortunately, employers find their associates’ research skills lacking. This is not a new complaint. Employers have been complaining for more than a hundred years that recent law graduates cannot research well. None of this is lost on those who teach legal research, who have long debated the best way to do so. Techniques for teaching research have changed over time, and methods once thought appropriate were sometimes later disfavored. Changes were driven both by pedagogy and by the ever-changing …


The Lost Promise Of Arbitration, Sarah Rudolph Cole Jan 2017

The Lost Promise Of Arbitration, Sarah Rudolph Cole

SMU Law Review

This article disputes the notion that arbitration, a historically informal process, tends to disadvantage minority disputants or provide them with quick decisions tainted by prejudice. Responding to Richard Delgado’s seminal work, Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution, this article attempts to shed greater light on the benefits of modern arbitration for minority disputants. Although still capable of improvement, arbitration may well provide greater protections to minority disputants than does litigation. Since Delgado first wrote his article, the use of arbitration as a primary dispute resolution mechanism has increased dramatically, particularly among businesses and …


Small Claims Court: A Vehicle For Social Change And The Case For Equitable Relief, Shelly Mcgill Jan 2017

Small Claims Court: A Vehicle For Social Change And The Case For Equitable Relief, Shelly Mcgill

Journal of Law and Social Policy

Small Claims Court has a long history in debt collection and a popular image as the “People’s Court.” This article examines a little known emerging function as a forum where pressing social issues are given voice and social policy is implemented on the grassroots level. The Ontario Small Claims Court is a recent recipient of this social policy mandate. Over the past fifteen years, the Ontario Legislature and Court of Appeal have directly or indirectly given the Small Claims Court new responsibility for implementing modern social policy in the areas of child supervision, discrimination, and privacy. This article examines the …