Law Commons^™

Facilitative Mediation Or Evaluative Mediation: May Your Choice Be A Wise One, Scott H. Hughes

Faculty Scholarship

Describing the distinctions and criticisms between facilitative mediation, that provides a setting for disputants to understand and make choices, and evaluative mediation, where the mediator provides guidance. Attorneys should fully understand mediation styles, and explore these options with their client.

Managing Urban Land In China: The Emerging Legal Framework And Its Role In Development, Mark T. Kremzner

Washington International Law Journal

This Article examines the emerging legal framework for urban land management in China with reference to several perspectives on the role of the state in economic development: modernization, dependency, and statism. A key function of the urban land management and planning regime in the People's Republic of China is to promote economic development. Similarly, law and legal institutions in the reform era are used as an instrument to secure development policies. China's urban land use laws have the purpose and effect of channeling capital into land development and urban renewal projects through the commodification of land use rights. While the …

A Report To Alumni & Friends - Issue No. 67, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Colleen Khoury Selected as Dean of the Law School
• 1997 Annual Fund Report of Giving
• 1998 Law School Commencement
• Dean Zillman’s Final Report
• Professor Scott Gould Joins Faculty

The Right To Work And Earn A Living Wage: A Proposed Constitutional Amendment, William P. Quigley

City University of New York Law Review

No abstract provided.

Baby Richard And Beyond: The Future For Adopted Children, Anthony S. Zito

Northern Illinois University Law Review

The author sets forth the facts underlying the Baby Richard case from the time he was conceived until the time of his adoption and analyzes the case law which ensued as a result of the situation. The author then addresses the amendment to the adoption act which resulted from the Baby Richard case. The article next explores the Does' possible courses of action and evaluates the chances of them regaining custody. Finally, the article suggests the possibility of a solution for the future of adopted children.

Symposium Luncheon Address, Claire A. Manning

Northern Illinois University Law Review

Overview of the role and function of the Illinois Pollution Control Board in citizen enforcement and other actions, and the Board's role in recent environmental achievements.

Law Student Advocates And Conflicts Of Interest, Adrienne Thomas Mccoy

Washington Law Review

Law students who represent clients under attorney supervision are subject to no clear conflict of interest rules. Whether they are considered lawyers or nonlawyers for purposes of each state's ethics rules is uncertain. Available rules governing lawyer and nonlawyer conflicts of interest ignore the competing interests of legal education, law student employment, clients, and public service. This Comment proposes a student conflict of interest rule that balances these interests by (1) holding student advocates to high ethical standards and (2) allowing screening to cure most conflicts that occur within student representation and that would otherwise handicap students in future employment

Environmental Audits, Privileges From Disclosure, And Small Business Penalty Policies, James E. Meason

Northern Illinois University Law Review

Federal environmental enforcement is currently on the rise. United States Environmental Protection Agency ("USEPA") statistics indicate an increase in criminal prosecutions and the targeting of individual employees. It is the government's hope to encourage individuals to pay greater attention to environmental laws and regulations. The author contends that knowledge of USEPA's new environmental audit policy is the best protection against criminal prosecution for environmental violations. Under the new audit policy, a company can qualify for 100% punitive penalty reduction by discovering violations through a self-imposed environmental audit and expeditiously remedying those violations. Moreover, the USEPA interim policy implemented on June …

Hedge-To-Arrive Contracts: Jurisdictional Issues Under The Commodity Exchange Act, Jennifer Durham King, James J. Moylan

Northern Illinois University Law Review

This article addresses the conflicting judicial and administrative agency interpretations of a recent innovation in agricultural merchandising known as Hedge-to-Arrive ("HTA") contracts. This article examines the first federal district court opinion upholding HTA contracts as forward contracts, exempt from the Commodity Exchange Act ("CEA") and regulation by the Commodity Futures Trading Commission ("CFTC"). The article also examines the CFTC's approach to regulating HTA contracts in its administrative forum. The CFTC has taken the position that HTA contracts marketed to the general public are illegal futures contracts. A CFTC Administrative Law Judge recently took the position that HTA contracts are not …

Negotiating Resolution Of Environmental Enforcement Actions, Jon S. Faletto

Northern Illinois University Law Review

The author asserts that aggressive identification and correction of compliance problems are the best defenses in an environmental enforcement action. The purpose of the article is to provide an understanding of how civil penalties in environmental enforcement actions are calculated. The author suggests ways in which the civil penalties can be reduced and ways to secure some "return of value" to the company. The author also addresses the concept of recouping the economic benefit of non-compliance. Finally, the author suggests that there may be unanticipated consequences of settling an environmental enforcement action.

Vol. 18, No. 3, Summer 1998: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Compromise And Continuity: Miranda Waivers, Confession Admissibility, And The Retention Of Interrogation Protections, Mark Berger

Faculty Works

No abstract provided.

Testing The Partnership Model Of Growth Management, Jeffrey Patterson

Washington International Law Journal

Three major events can be expected to influence land use and tenure in British Columbia, Canada, well into the future. A new Forest Practices Code and harvesting regulations and settlement of aboriginal land claims will profoundly affect B.C.'s rural and wilderness landscape. A third initiative, a growth management strategy act adopted by the B.C. legislature in 1995 will, however, potentially have a major impact on the urban landscape that most British Columbians experience in their daily lives. Its objective is the promotion of human settlements that are socially, economically and environmentally halthy. This paper explores the particular geographic and political …

Front Matter

City University of New York Law Review

No abstract provided.

Gender Inequality In In Vitro Fertilization: Controlling Women's Reproductive Autonomy, Melissa E. Fraser

City University of New York Law Review

No abstract provided.

Punitive Damages: Their Determinants, Effects On Firm Value, And The Impact Of Supreme Court And Congressional Attempts To Limit Awards, John Lott, Jonathan M. Karpoff

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Fallacy Of Duffield V. Robertson And Rosenberg V. Merrill Lynch: The Continuing Viability Of Mandatory Pre-Dispute Title Vii Arbitration Agreements In The Post-Civil Rights Act Of 1991 Era, The, Kristen Decker, William Krizner

Journal of Dispute Resolution

Two recent decisions, one in the Ninth Circuit and one in a Massachusetts District Court, have erroneously held that mandatory Title VII pre-dispute arbitration clauses are unenforceable under the Civil Rights Act of 1991.' A statutory construction analysis of the 1991 Civil Rights Act demonstrates that Congress did not intend to abolish the use of such clauses. Instead, Congress intended to support the use of mandatory pre-dispute arbitration as a valid and useful forum for the resolution of disputes arising under Title VII of the Civil Rights Act of 1964. The purpose of the following Article is twofold. First, this …

Eleventh Circuit Adopts Manifest Disregard Of The Law As A Non-Statutory Ground For Vacating An Arbitration Award - Montes V. Shearson Lehman Brothers, Inc., The, Daniel S. Cohen

Journal of Dispute Resolution

When parties agree to resolve disputes through arbitration, they expect the resolution to be binding and final. There are a few situations, however, where a court will be willing to intervene and vacate the arbitration board's award. The Eleventh Circuit Court of Appeals, in Montes v. Shearson Lehman Brothers, Inc., recognized that manifest disregard of the law by an arbitrator is a reason to abandon the arbitrator's ruling and remand the case to a new arbitration board. The court established that when it can be shown that the arbitrator knew the law and expressly ignored it, his decision will not …

Survey Of Domestic Mediator Qualifications And Suggestions For A Uniform Paradigm, A, Timothy Lohmar, Heidi Gryte, Amy Markel

Journal of Dispute Resolution

Plagued by the burdens of congestion in the family courts system, many jurisdictions have resorted to both court-connected and independent mediation referral as a means to relieve the hurdles of domestic litigation.' In efforts to ensure the quality of mediators to whom they refer cases, many states have resorted to statutory provisions which prescribe certain criteria which domestic mediators must meet. What has evolved is a variety of domestic mediator skills, personal qualities, and knowledge standards incorporated by jurisdictions throughout the United States. This note will attempt to identify the predominant themes recurrent in states ordaining statutory domestic mediator qualifications, …

Recent Developments: The Uniform Arbitration Act, Benjamin K. Byrd, Mondonna L. Ghasedi, Robert J. Steintjes, Michelle Trant

Journal of Dispute Resolution

This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A.").' Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia.' The goal of this project is to promote uniformity in the interpretation of the U.A.A. by articulating the underlying policies and rationales of recent court decisions interpreting the U.A.A.

The Cost Of Noncompliance: The Economic Value Of Water In The Middle Arkansas River Valley, Robert Benjamin Naeser, Lynne Lewis Bennett

Natural Resources Journal

No abstract provided.

Title Page

South Carolina Law Review

No abstract provided.

Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn

South Carolina Law Review

No abstract provided.

Electronic Commerce On The Internet And The Statute Of Frauds, R. J. Robertson Jr.

South Carolina Law Review

No abstract provided.

Professional Responsibility

South Carolina Law Review

No abstract provided.

Employment Law

South Carolina Law Review

No abstract provided.

Judiciary

South Carolina Law Review

No abstract provided.

Balancing Act: Public Policy And Punitive Damages Caps, Andrea Moore Hawkins

South Carolina Law Review

No abstract provided.

Video Poker And The Lottery Clause: Where Common Law And Common Sense Collide, Michael William Eisenrauch

South Carolina Law Review

No abstract provided.

At Least Treat Us Like Criminals: South Carolina Responds To Victims' Pleas For Equal Rights, Thad H. Westbrook

South Carolina Law Review

No abstract provided.