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Articles 1 - 30 of 36
Full-Text Articles in Law
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman
Rutgers Law School (Newark) Faculty Papers
In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …
Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson
Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson
ExpressO
A timely piece proposing solutions for issues certain to be raised in the upcoming trials of the accused Taliban and Al Qaeda operatives captured in Afghanistan and detained on a U.S. military base in Cuba. In the article, I begin by examining the history and jurisdiction of Article I and Article III courts and then address the history and structure of the Al Qaeda and Taliban regimes. After considering the Constitution, federal statutes, politics, and geographical limitations, I conclude that Al Qaeda detainees should be tried in Article III courts under terrorism statutes and Taliban detainees, as military combatants, should …
No Free Lunch: How Settlement Can Reduce The Legal System's Ability To Induce Efficient Behavior, Abraham Lee Wickelgren
No Free Lunch: How Settlement Can Reduce The Legal System's Ability To Induce Efficient Behavior, Abraham Lee Wickelgren
ExpressO
While there is widespread agreement that it is better for cases to settle than go to trial, the arguments in favor of settlement have typically overlooked how settlement affects one of the most important functions of the legal system: influencing the behavior that gives rise to lawsuits. This essay argues that, in some cases, settlement can impair the ability of the legal system to deter harmful behavior without chilling desirable behavior. Where it exists, this effect is a fundamental property of settlement in that there is no way to change other legal rules to eliminate it. Because settlements also have …
Applying The Eligibility Rule In Securities Arbitration: Resolving Circuit Court Conflict Regarding The Proper Role Of Arbitrators And Courts - Howsam V. Dean Witter Reynolds, Inc., James D. Hughes
Journal of Dispute Resolution
In Howsam v. Dean Witter Reynolds, Inc., the United States Supreme Court reviewed a Tenth Circuit holding that the eligibility rule presented a question of arbitrability, and was thus for the court to decide. Reversing, the Supreme Court held that the arbitrator, not a court, should apply the time limit rule. The Court's decision resolves the split among the circuit courts in addition to allowing arbitration clauses in securities firms' client agreements to serve their purpose of providing an efficient and less costly method of litigating disputes relating to investment accounts, ultimately increasing investor confidence in the securities industry.
International Developments In Mediation (Internationale Entwicklungen Der Gerichtsnahen Mediation), Nadja Alexander
International Developments In Mediation (Internationale Entwicklungen Der Gerichtsnahen Mediation), Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
Race And The Georgia Courts: Implications Of The Georgia Public Trust And Confidence Survey For Batson V. Kentucky And Its Progeny, George W. Dougherty, Randy Beck, Mark D. Bradbury
Race And The Georgia Courts: Implications Of The Georgia Public Trust And Confidence Survey For Batson V. Kentucky And Its Progeny, George W. Dougherty, Randy Beck, Mark D. Bradbury
Scholarly Works
Put simply, there is a perception among many Georgians that the court system treats minorities worse than whites. This Essay considers implications of the Georgia findings for a line of United States Supreme Court decisions designed to prevent racial discrimination by trial lawyers in the selection of trial juries.
First Options, Consent To Arbitration, And The Demise Of Separability: Restoring Access To Justice For Contracts With Arbitration Provisions, Richard C. Reuben
First Options, Consent To Arbitration, And The Demise Of Separability: Restoring Access To Justice For Contracts With Arbitration Provisions, Richard C. Reuben
Faculty Publications
This article describes the context and current state of the law in this area under the Federal Arbitration Act (FAA), urges the Court to continue its path toward actual consent to arbitration, and suggests an approach for finally reconciling the tension between Prima Paint and First Options. Part II describes the nature and historical context of the arbitrability problem. Part III focuses specifically on the doctrine of separability, which is the most critical (and most complex) of these exceptions. Part IV discusses the impact on separability of recent U.S. Supreme Court case law, especially the 1995 decision in First Options …
The Missing Selves In Constitutional Self-Government, James E. Fleming
The Missing Selves In Constitutional Self-Government, James E. Fleming
Faculty Scholarship
Both Christopher Eisgruber and Jed Rubenfeld have written important books developing sophisticated theories of constitutional self-government. Eisgruber's Constitutional Self-Government' and Rubenfeld's Freedom and Time: A Theory of Constitutional SelfGovernment2 join issue in significant ways, and therefore a dialogue concerning them should prove illuminating. Rubenfeld says his book and Eisgruber's book are somewhat similar, but very different.' Eisgruber says his book and Rubenfeld's book are fairly similar, yet also somewhat different-and where they differ, they sometimes complement one another, or perhaps supply the deficiencies in the other.4 I say the books are very similar-more similar than either recognizes or concedes-and that …
Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer
Criminalization Of People With Mental Illnesses: The Role Of Mental Health Courts In System Reform, Robert Bernstein, Tammy Seltzer
University of the District of Columbia Law Review
No abstract provided.
Competing For The People's Affection: Federalism's Forgotten Marketplace, Todd E. Pettys
Competing For The People's Affection: Federalism's Forgotten Marketplace, Todd E. Pettys
Todd E. Pettys
Returning to forgotten themes in the Federalist Papers, the article argues that the state and federal governments compete with one another for the “affection” of their citizens and for the regulatory power that often accompanies that affection. The article further contends that citizens and politicians are able fully to participate in this affection-driven marketplace only if three prerequisites are met: each sovereign must be assured of an opportunity to demonstrate its competence; each sovereign must enjoy a significant measure of autonomy from the other; and the two sovereigns’ dealings with one another must be sufficiently transparent to enable citizens to …
Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder
Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder
Introduction To The Jury At A Crossroad: The American Experience (Symposium Editor), Nancy S. Marder
Nancy S. Marder
No abstract provided.
Federal Judicial Selection As War: Part Iii --The Role Of Ideology, Michael J. Gerhardt
Federal Judicial Selection As War: Part Iii --The Role Of Ideology, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Trials And Tribulations: Science In The Law, Susan Haack
Trials And Tribulations: Science In The Law, Susan Haack
Articles
No abstract provided.
Voting And Electoral Politics In The Wisconsin Supreme Court, Jason J. Czarnezki
Voting And Electoral Politics In The Wisconsin Supreme Court, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Article examines criminal cases decided by the Wisconsin Supreme Court over a fifteen-year period in an effort to discern whether judicial elections undercut judicial independence by affecting the ways justices vote. Wisconsin was chosen for this study because the state's mix of appointed and elected judges allows a researcher to control for different judicial selection systems. Specifically, this Article questions whether voting patterns may be affected by a justice's proximity to judicial elections, election margins, and whether a justice was appointed or elected in the initial term, since the governor may appoint a justice to fill a vacancy on …
The International Criminal Court And The Future Of Legal Accountability, William W. Burke-White
The International Criminal Court And The Future Of Legal Accountability, William W. Burke-White
ILSA Journal of International & Comparative Law
With unexpected speed, the International Criminal Court has become a reality.
Justices At Home: Three Supreme Court Memoirs, Laura K. Ray
Justices At Home: Three Supreme Court Memoirs, Laura K. Ray
Laura K. Ray
No abstract provided.
Judging The Justices: A Supreme Court Performance Review, Laura K. Ray
Judging The Justices: A Supreme Court Performance Review, Laura K. Ray
Laura K. Ray
No abstract provided.
Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr.
Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr.
NYLS Law Review
No abstract provided.
Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas
Apprendi In The States: The Virtues Of Federalism As A Structural Limit On Errors, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Judicial Selection As War, Michael J. Gerhardt
Judicial Selection As War, Michael J. Gerhardt
Faculty Publications
No abstract provided.
In Praise Of The Rule Of Law, The Role Of Judges, And The Right To Shop, Nadine Strossen
In Praise Of The Rule Of Law, The Role Of Judges, And The Right To Shop, Nadine Strossen
NYLS Law Review
No abstract provided.
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Reply--The Missing Portion, Pierre Schlag
The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy
The Interaction Of The Ada, The Fmla, And Workers' Compensation: Why Can't We Be Friends?, S. Elizabeth Malloy
Faculty Articles and Other Publications
This Article addresses some of the issues that arise when an employee injured at work qualifies for leave under the ADA, the FMLA and workers' compensation statutes. Part II of the Article provides a brief overview of these
three statutory schemes, focusing on the provisions, which define employee and employer qualification and the rights and responsibilities surrounding leave due to a work-related injury. Part III examines how the courts have resolved some of the overlapping and conflicting provisions contained in these statutes. This section particularly focuses on how the courts address employer obligations under all three statutes when an employee …
Responding To Developments In Economics And The Courts: Entry In The Merger Guidelines, Jonathan Baker
Responding To Developments In Economics And The Courts: Entry In The Merger Guidelines, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Goldwasser, The Telecom Act, And Reflections On Antitrust Remedies, Philip J. Weiser
Goldwasser, The Telecom Act, And Reflections On Antitrust Remedies, Philip J. Weiser
Publications
No abstract provided.
The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch
The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch
All Faculty Scholarship
No abstract provided.