Law Commons^™

Visual Literacy For The Legal Profession, Richard K. Sherwin

Articles & Chapters

Digital technology has transformed the way we communicate in society. Swept along on a digital tide, words, sounds, and images easily, and often, flow together. This state of affairs has radically affected not only our commercial and political practices in society, but also the way we practice law.

Unfortunately, legal education and legal theory have not kept up. Inconsistencies and unpredictability in the way courts ascertain the admissibility of various kinds of visual evidence and visual argumentation, lapses in the cross examination of visual evidence at trial, and inadequately theorized notions of visual meaning and the epistemology of affect tell …

Performance Of The Early Access Ampliseqtm Mitochondrial Panel With Degraded Dna Samples Using The Ion Torrenttm Platform, Mark Barash

Faculty Research, Scholarly, and Creative Activity

No abstract provided.

"Arbitration Schmarbitration": Examining The Benefits And Frustrations Of Defining The Process, Jean R. Sternlight

Nevada Law Journal

No abstract provided.

Re-Inventing Arbitration: How Expanding The Scope Of Arbitration Is Re-Shaping Its Form And Blurring The Line Between Private And Public Adjudication, Deborah R. Hensler, Damira Khatam

Nevada Law Journal

Contemporary academic research and scholarship are highly specialized. Legal scholarship on arbitration reflects this trend. There is extensive literature on domestic arbitration jurisprudence, on international commercial arbitration practice, and on investor-state arbitration procedure, and there are debates about the appropriate use of arbitration within all of these domains. But few of the participants in these debates are attentive to developments outside their own domains, and there are few examples of scholarship surveying trends across the three domains. Undertaking that analysis reveals important similarities in the challenges facing arbitration in each domain and in the responses to these challenges. Looking across …

Arbitration's Dark Shadow, Benjamin P. Edwards

Nevada Law Journal

Arbitration has expanded broadly, removing disputes involving entire industries from judicial review. The absence of judicial review plunges these disputes and industries into the shadow. This shadow causes the public to lose sight of vital information about industry practices and arbitrators to gradually lose sight of the law. Federal intervention may be necessary to restore consumer protections, including customer choice, to bring these disputes out of the shadows.

Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges

Nevada Law Journal

No abstract provided.

Arbitration, What Is It Good For?, Thomas O. Main

Nevada Law Journal

In the lead piece of this symposium, Hensler and Khatam bring into relief two paradoxes in contemporary arbitration policy and practice.1 First, arbitration is beset by hyperspecialization into segmented domains, yet is plagued by reforms that transcend those boundaries. Second, arbitration seeks all the virtue of formal adjudication without the process, yet process is the principal virtue of formal adjudication.

Hensler and Khatam invite readers to think broadly about contemporary arbitration policy and practice. Accepting that invitation, I briefly explore four areas of inquiry that can be reduced to the interrogatives Why?, What?, When?, and Who?, respectively. All four questions …

Response: Public Litigation, Private Arbitration?, David L. Noll

Nevada Law Journal

How should disputes be allocated between litigation and arbitration? Given strong incentives for many actors to arbitrate everything, the question turns fundamentally on the scope of arbitration under the applicable law. In Re-Inventing Arbitration: How Expanding the Scope of Arbitration Is Re-Shaping Its Form and Blurring the Line Between Private and Public Adjudication, Professor Deborah Hensler and Damira Khatam posit that the ‘public’ or ‘private’ nature of a dispute provides the key to whether it belongs in arbitration. While arbitration of private disputes is ok, disputes with “public policy dimensions” belong in the courts. Hensler and Khatam therefore suggest that …

The Blurring Of The Public/Private Distrinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez

Nevada Law Journal

No abstract provided.

The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki

Nevada Law Journal

No abstract provided.

Narrative-Erasing Procedure, Anne E. Ralph

Nevada Law Journal

No abstract provided.

Dying For A Solution: The Regulation Of Medical Devices Falls Short In The 21st Century Cures Act, Marilyn Uzdavines

Nevada Law Journal

No abstract provided.

Join The Parties: 25+ Ways To Promote Participation In Multilateral Environmental Agreements, Susan Biniaz

Sabin Center for Climate Change Law

Negotiators of multilateral environmental agreements are frequently faced with the challenge of striking the right balance between stringency of commitment and breadth of participation. A perfect agreement on paper, with strong commitments and a robust compliance mechanism, might attract too few Parties (or too few key Parties) to achieve the agreement’s environmental objective. Conversely, broad participation in a weak agreement might also fail to accomplish the agreement’s goals.

This paper focuses on the various ways in which negotiators have worked to encourage participation in multilateral environmental agreements. In some cases, they involve steps taken before and during the negotiation of …

Prison Preparedness And Legal Obligations To Protect Prisoners During Natural Disasters, William Omorogieva

Sabin Center for Climate Change Law

Since at least 2004, the intensity of hurricanes and the damage they have caused in America has increased significantly. After the turbulent hurricane season of 2017, citizens should recognize the elevated risks to safety that occur when individuals stay put, especially during high-intensity hurricanes (Category 3 and higher). States of emergency and evacuation orders have been declared recently in many states and cities that anticipated extreme hurricane conditions. However, even with increased calls for evacuations, warnings from public officials, and around the clock media coverage, a significant portion of the population has continued to be overlooked during times of natural …

Human Rights And Article 6 Of The Paris Agreement: Ensuring Adequate Protection Of Human Rights In The Sdm And Itmo Frameworks, Romany M. Webb, Jessica A. Wentz

Sabin Center for Climate Change Law

Article 6 of the Paris Agreement recognizes the right of Parties to cooperate in the implementation of their nationally determined contributions (NDCs) through both market- and non-market-based approaches. One market-based approach is outlined in Article 6.2 which provides for “the use of internationally transferred mitigation outcomes [(ITMOs)] towards” NDCs. This is widely seen as establishing a “bottom-up” approach, whereby “mitigation outcomes,” representing emission reduction credits, can be transferred internationally and then become ITMOs. It can be contrasted with other market-based approaches that are “top-down,” involving centralized programs supporting emission reduction projects. One such program is created in Article 6.4 of …

Microgrids And Resilience To Climate-Driven Impacts On Public Health, Justin Gundlach

Sabin Center for Climate Change Law

“Resilience” has burst into the lexicons of several policy areas in recent years, owing in no small part to climate change’s amplification of extreme events that severely disrupt the operation of natural, social, and engineered systems. Fostering resilience means anticipating severe disruptions and planning, investing, and designing so that such disruptions, which are certain to occur, are made shallower in depth and shorter in duration. Thus a resilient system or community can continue functioning despite disruptive events, return more swiftly to routine function following disruption, and incorporate new information so as to improve operations in extremis and speed future restorations. …

The Long March Toward Abolition: From The Enlightment To The United Nations And The Death Penalty's Slow Demise, John D. Bessler

University of Florida Journal of Law & Public Policy

No abstract provided.

Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 2

Cardozo International & Comparative Law Review

No abstract provided.

Biased Damages Awards: Gender And Race Discrimination In Tort Trials, Goran Dominioni

Cardozo International & Comparative Law Review

Current U.S. tort law incentivizes potential tortfeasors to target members of underprivileged social groups by using gender and race-based statistical tables life expectancy; work-life expectancy and average wage) to award damages. Legal scholars have long criticized this practice from the point of view of distributive justice but supported it on welfarist grounds. Recent research in law and economics has however cast doubts on the efficiency of this practice. On this basis, some propose abandoning it in favor of gender and race neutral tables. In this article, I contribute to this debate by analyzing from a behavioral law and economics perspective …

New York Right Of Publicity Law: Panel Discussion, Kevin Goering, Justin Hughes, Mary Lafrance, Jennifer Rothman, Nathan Siegel, Nancy Wolff, Jeremy Sheff

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 36 (2017-2018)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Fiduciary Principle Of Insider Trading Needs Revision, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Public Requitals: Corrective, Retributive, And Distributive Justice, Bailey Kuklin

Faculty Scholarship

No abstract provided.

Special Issue: Athlete Activism And Sports Social Responsibility, Jodi Balsam, Arthur Miller

Faculty Scholarship

No abstract provided.

Group Homes As Sex Police And The Role Of The Olmstead Integration Mandate, Natalie Chin

Faculty Scholarship

No abstract provided.

Infrastructural Regulation And The New Utilities, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

Effect Of Irs Nonacquiesence On Tax Planning And Reporting, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Distilling Fear, Heidi K. Brown

Faculty Scholarship

No abstract provided.

Characterizing Constitutional Inputs, Michael Coenen

Journal Articles

No abstract provided.

It's The Ambiance, Thomas C. Galligan Jr.

Journal Articles

In this article, the author discusses his experience of serving at Southeastern Association of Law Schools (SEALS). It informs that he became dean at the University of Tennessee twelve years later and attended his first SEALS conference; his experience of teaching torts to law students; and scholars' workshops offered by SEALS.