Law Commons^™

The Creation Of Tribal Cultural Hegemony Under The Indian Arts And Crafts Act And Native American Graves Protection And Repatriation Act, Andrew W. Minikowski

North Dakota Law Review

No abstract provided.

Closing The Gender Pay Gap In The European Union: The Equal Pay Guarantee Across The Member-States, Jarrod Tudor

North Dakota Law Review

No abstract provided.

Air Ambulance Service Providers: A Lifesaving Industry And A Financial Catastrophe, Tanner Holten

North Dakota Law Review

No abstract provided.

North Dakota Supreme Court Review, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.

Proceedings Of The One Hundred Seventeenth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.

A Colorblind Discourse Analysis Of Higher Education Race-Conscious Admissions In A "Post-Racial" Society, David H.K. Nguyen, Lawanda Ward

North Dakota Law Review

No abstract provided.

The Dog Days Should Be Over: The Inequality Between The Privacy Rights Of Apartment Dwellers And Those Of Homeowners With Respect To Drug Detection Dogs, Megan Gordon

North Dakota Law Review

Recent judicial opinions throughout the country have muddied the waters concerning the extent of privacy rights protected by the Fourth Amendment beyond the walls of an individual’s home. More specifically, courts have drawn a distinction between an apartment dweller’s privacy rights and the privacy rights of a homeowner concerning drug detection dogs. In Florida v. Jardines, the Supreme Court of the United States held the use of a drug detection dog on a front porch violates the homeowner's constitutional rights. In State v. Nguyen, the North Dakota Supreme Court followed the Eighth and other federal circuit courts to …

Expiring Seed Patents And The Farming Communities Of North Dakota: Where Gaps In Patent Protection Offer Opportunities For Innovation, Laura Goforth

North Dakota Law Review

No abstract provided.

Defining Residence For Income Tax Purposes: Domicile As Gap-Filler, Citizenship As Proxy And Gap-Filler, Edward A. Zelinsky

Articles

The states' income tax systems are important repositories of experience which confirm the administrative benefits of citizenship-based taxation. Domicile today plays an important role in state tax systems as a gap-filler when more objective statutory residence laws fail to assign any state of residence to the taxpayer. Citizenship is an administrable proxy for domicile and serves a similar gap-filling role in the federal taxation of individuals whose income and activities straddle across national boundaries.

The states' difficulties enforcing domicile-based taxation highlight the administrative benefits of citizenship-based taxation. As long as residence is understood for tax purposes in terms of domicile, …

Novelty After Novelty, Anna Piszcz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

From the Volume Editor

Entire Issue Vol. 6 No. 1

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol. 6(1)

4th International Consumer Conference ‘Consumer Rights In Theory And Practice’, Katowice, February 23–24, 2017 R., Monika Michońska, Marta Pasieka, Sylwia Zemła

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Katowice, February 23–24, 2017 r.

Entire Issue Vol. 6 No. 3

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol. 6(3)

Table Of Contents

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Table of Contents

Cars Honorary Award 2017. Big Owl For Professor Anna Fornalczyk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

CARS Honorary Award 2017

Entire Issue Vol. 6 No. 6

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol 6(6)

Go Tiny Or Go Home: How Living Tiny May Inadvertently Reduce Privacy Rights In The Home, Marc C. Mcallister

South Carolina Law Review

No abstract provided.

The Professional Responsibility Of Fair Play When Dealing With A Pro Se Adversary, Davis G. Yee

South Carolina Law Review

No abstract provided.

Use Of Force: A Split-Second Decision, Samantha Mcnulty

Williams Honors College, Honors Research Projects

This paper discusses the compliance and measures taken by Summit County, Ohio police departments in their efforts to meet use of force policy standards set by the Ohio Collaborative Community-Police Advisory Board. This board was established by Kasich's Executive Order 2015-04K to create standards on what the departments' use of force or response to resistance policies should contain and determine the Ohio departments which comply with the certification standards.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 18, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

When "Getting It Right" Is What Matters Most, Arbitrations Are Better Than Trials, Wayne D. Brazil

Cardozo Journal of Conflict Resolution

Serving as an arbitrator since retiring from the bench has inspired me to think about the quality of the adjudicative process in new ways-and to assess, from an insider's perspective, the pros and cons of trials (especially court trials) and arbitrations. The purpose of this essay is to share my thoughts on this subject-some of which have surprised me.

Emerging Internal Control In Institutional Arbitration, Meng Chen

Cardozo Journal of Conflict Resolution

To some extent, the charm of international commercial arbitration derives from its complexity, involving many inherent contradictions. It is developed as autonomous and internationalized dispute resolution, while it inevitably relies on sovereign support. With arbitration becoming more and more internationalized and autonomous, rules and regulations generated inside of the arbitration community have gradually played important roles in arbitration governance. Contributions from numerous international arbitration institutions are particularly noticeable in this development. Institutional arbitration takes the lead in the development of international commercial arbitration. Rules and regulations generated in institutional arbitration practice not only facilitate single institutional arbitration processes, but also …

Hollywood Accounting: Profit Participation And The Use Of Mediation As A Mode Of Resolving These Disputes, Eric Strum

Cardozo Journal of Conflict Resolution

This Note proposes that the entertainment industry employ mediation to resolve profit participation disputes. Section II of this Note focuses on profit participation agreements through their history and their legal context. Section III provides a discussion of the arbitration and litigation of participation claims, as well as their weaknesses. In Section IV, this Note proposes the use of mediation in handling claims in the entertainment industry and a new model of mediation that would best serve profit participation disputes. With the engagement of mediation, profit participation lawsuits can be handled in the most effective and fair way for both the …

Is It Time To Pay Attention? Critiquing The Cognitive Enhancement Drug Policies And Appeals Process In United States Collegiate Sports, David Swiedler

Cardozo Journal of Conflict Resolution

This Note examines PED use in college sports, focusing primarily on cognitive enhancing drugs as an example of a common lethal PED, and the current NCAA drug-testing regulations and disciplinary process to explore its efficiency and fairness. Then, the Note proposes changes to the NCAA protocol, specifically changes to the appeals process for student-athletes who fail drug tests for PED use and request a review of the disciplinary actions taken against them by the NCAA.

Dispute System Design And The Global Pound Conference, Lisa Blomgren Amsler

Cardozo Journal of Conflict Resolution

Since Roscoe Pound's famous 1906 speech to the American Bar Association on popular dissatisfaction with the administration of justice, the field of dispute resolution has taken up his cause. Frank Sander's speech at the 1976 Pound Conference marked a turning point in the field's growth and development within the United States. This symposium on its 40th Anniversary also marks a turning point: the globalization of alternative or appropriate dispute resolution ("ADR") in all its forms, in person and online, within and across national boundaries.

Access To Digital Justice: Fair And Efficient Processes For The Modern Age, Orna Rabinovich-Einy, Ethan Katsh

Cardozo Journal of Conflict Resolution

A recent New York Times article described a floating courthouse operating in rural Brazil, traversing the Amazon River in an attempt to bring the rule of law to the far ends of the country and overcome the many barriers in approaching Brazilian courts. Other countries, such as Pakistan, have relied on mobile courtbuses, while others still have proposed "pop-up courts" as a solution to over-crowded, inaccessible, and costly court proceedings.

Transforming Business Through Proactive Dispute Management, Deborah Masucci, Shravanthi Suresh

Cardozo Journal of Conflict Resolution

The first part of this article deals with "midnight clauses," referring to the low level of importance placed on drafting a dispute resolution clause during the course of structuring a deal. The design of the clause should be multi-dimensional and not focused on a single process. Further, there needs to be a shift in attitude towards the drafting of dispute resolution clauses across the business and not limited to one transaction. This part also highlights the important role played by the lawyer/advisor 2 in the drafting and formulating dispute resolution clauses in agreements in collaboration with their client. Part II …

The History And Legacy Of The Pound Conferences, Lara Traum, Brian Farkas

Cardozo Journal of Conflict Resolution

In light of the GPC, it is useful to take a brief step back to consider the legacy of self-reflection that brings the field to this exciting moment. As we reflect, we find ourselves facing new challenges and raising new questions about the direction of alternative dispute resolution ("ADR") in the 21st century. In this Article, Sections II and III will introduce the "Framers" of the ADR industry's "Constitution," and Section IV will evaluate their 100-year legacy and consider the extent to which it now needs further amendments.

Investor Corruption As A Defense Strategy Of Host States In International Investment Arbitration: Investors' Corrupt Acts Give An Unfair Advantage To Host States In Investment Arbitration, Margareta Habazin

Cardozo Journal of Conflict Resolution

First, the paper will analyze the issue of corruption in international investment arbitration. Second, the paper will examine the deployment of corruption as a defense strategy by host states in international investment arbitration. Next, it will address the jurisdictional consequences of proving corruption in the making of the investment. Further, it will describe the distinctive features of relevant ICSID awards and key issues that led to the dismissal of claims. The paper will also estimate the possible implications of the awards to future ICSID claims affected by bribery and try to predict the outcome of the MOL v. Republic of …

The Waning Of The Indian Child Welfare Act: How Mediation May Help Save The Act And Preserve Its Original Intent, Alice Wade

Cardozo Journal of Conflict Resolution

This note proposes a solution to the current crisis of the Indian Child Welfare Act, by establishing mediation forums both for parents of Native American children not domiciled on the reservation, and for tribal members and tribes wishing to utilize state courts when seeking to have their children adopted by non-Native American families. Part A of Section II provides clarification on the definitions of Native American for the purpose of the Act. Part B of Section II discusses the common law origins of the Act and court created exceptions to it. Part C of Section II discusses jurisdiction over Non-Native …