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Articles 326251 - 326280 of 545730
Full-Text Articles in Law
When Is The New York Court Of Appeals Justified In Deviating From Federal Constitutional Interpretation?, Honorable Richard D. Simons
When Is The New York Court Of Appeals Justified In Deviating From Federal Constitutional Interpretation?, Honorable Richard D. Simons
Touro Law Review
No abstract provided.
Arbitration: Time Limits And Continuing Violations, Richard I. Bloch
Arbitration: Time Limits And Continuing Violations, Richard I. Bloch
Michigan Law Review
Time limits in a collective bargaining agreement, particularly as they apply to the grievance procedure, are very important. Filing or processing deadlines are taken as seriously in the context of these private documents and negotiated time limits as they are in the world of standard litigation, with deadlines that are imposed statutorily or otherwise. Management advocates often view the time limitation provisions as virtually the only thing employers gain, as opposed to give, in the bargaining relationship. Deadlines have been strictly, if reluctantly, construed by most arbitrators. The "continuing violation" provides a meaningful exception to the otherwise immutable time bar. …
International Law And International Relations Theory: A New Generation Of Interdisciplinary Scholarship, Anne-Marie Slaughter, Andrew S. Tulumello, Stepan Wood
International Law And International Relations Theory: A New Generation Of Interdisciplinary Scholarship, Anne-Marie Slaughter, Andrew S. Tulumello, Stepan Wood
All Faculty Publications
Nine years ago, Kenneth Abbott published an article exhorting international lawyers to read and master regime theory, arguing that it had multiple uses for the study of international law. 1 He went as far as to call for a "joint discipline" that would bridge the gap between international relations theory (IR) and international law (IL). Several years later, one of us followed suit with an article mapping the history of the two fields and setting forth an agenda forjoint research. 2 Since then, political scientists and international lawyers have been reading and drawing on one another's work with increasing frequency …
Primum Non Nocere: The Expanding "Honest Services" Mail Fraud Statute And The Physician-Patient Fiduciary Relationship, Gregory D. Jones
Primum Non Nocere: The Expanding "Honest Services" Mail Fraud Statute And The Physician-Patient Fiduciary Relationship, Gregory D. Jones
Vanderbilt Law Review
In one case, a physician refers a patient to a certain hospital in return for an undisclosed referral fee from the hospital. In another, a physician decides not to refer a patient to a specialist for further examination. The physician, however, does not disclose to the patient that part of the cost of sending the patient to the specialist would come out of the physician's potential earnings. In the previous examples, has the physician breached her fiduciary duty to the patient by not disclosing her own financial interest in the patient's treatment? If so, the physician could be guilty of …
Functus Officio: Does The Doctrine Apply In Labor Arbitration - Teamsters Local 312 V. Matlack, Inc., Amy Markel
Functus Officio: Does The Doctrine Apply In Labor Arbitration - Teamsters Local 312 V. Matlack, Inc., Amy Markel
Journal of Dispute Resolution
The doctrine of functus officio was developed at common law in response to concerns about the "solemnity of judgments" and the effect of outside influences on arbitrators' decisions.2 Although not strictly applied in arbitration that is conducted pursuant to the Labor Management Relations Act,3 the doctrine of functus officio prevents an arbitrator from vacating, modifying, supplementing, or correcting his award . Most courts recognize three narrow exceptions to the doctrine which allow an arbitrator to revisit his award under limited circumstances. This Note examines the application of the "clarification exception" to the doctrine in a labor dispute setting and outlines …
Restoring Faith In The Attorney/Client Relationship: Alaska's Mandatory Fee Arbitration - A. Fred Miller, Attorneys At Law, P.C. V. Purvis, Byron D. Brown
Restoring Faith In The Attorney/Client Relationship: Alaska's Mandatory Fee Arbitration - A. Fred Miller, Attorneys At Law, P.C. V. Purvis, Byron D. Brown
Journal of Dispute Resolution
Arbitration is an effective method of alternative dispute resolution (ADR) in resolving a disagreement between an attorney and client over legal fees. The arbitration proceeding offers benefits for both lawyers and clients. Attorneys avoid having to sue a former client for a delinquent bill and face the very real possibility of a malpractice counterclaim. The client, on the other hand, avoids the aggravation of retaining another counsel to defend the suit. Mandatory fee arbitration, as established by the Alaska Supreme Court, places the decision to submit to arbitration squarely in the client's hands. Once the client chooses arbitration, the attorney …
Qualification Requirements Of Mediators, Norma Jeanne Hill
Qualification Requirements Of Mediators, Norma Jeanne Hill
Journal of Dispute Resolution
As the use of Alternative Dispute Resolution spreads, the question of who is qualified to provide mediation services becomes ever more important. In determining which selection methods to use in choosing qualified mediators for a particular court or program, attention should be paid to the effectiveness of each specific method, the cost to use it, and whether the method unduly discriminates against individuals of different cultural groups or with varying mediation styles. Just like any other selection procedure in the world of employment, a mediator qualification requirement ought to be analyzed in terms of effectiveness, cost, and discriminatory effects before …
Poland's 1997 Constitution In Its Historical Context, Daniel H. Cole
Poland's 1997 Constitution In Its Historical Context, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Behavioral Economics Analysis Of Redistributive Legal Rules, Christine Jolls
Behavioral Economics Analysis Of Redistributive Legal Rules, Christine Jolls
Vanderbilt Law Review
This Essay offers a behavioral economic analysis of redistributive legal rules. Redistributive legal rules are rules chosen for their effects in shifting wealth from high-income to low-income individuals(progressive redistribution). The desirability of such rules has been the subject of intense debate within the legal community. Many law and economics scholars have urged that legal rules be chosen solely with an eye towards Kaldor-Hicks efficiency (which I will call simply "efficiency" for the remainder of this Essay); these scholars often urge that distributional considerations be addressed (if they are to be addressed at all) exclusively through the tax and welfare systems. …
Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie
Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie
All Faculty Publications
There is a common perception that elements of mainstream society are disrespectful of Aboriginal culture. This article argues that developments in the law offer promise for the protection of Aboriginal "intellectual products," manifestations of Aboriginal culture reflecting their world-view. What Aboriginal peoples would like to see protected, however, are not so much words, pictures, or acts but rather the values, beliefs, and principles that give these meaning. Such, the author argues, are best protected by mechanisms internal to Aboriginal communities. Furthermore, the lack of such mechanisms would not justify the intrusion of Canadian law, but rather raises a call within …
Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha Affolder
Tadić, The Anonymous Witness And The Sources Of International Procedural Law, Natasha Affolder
All Faculty Publications
On May 7, 1997, Trial Chamber II of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia released its verdict in its first trial. While the proceedings of the International Tribunal were commended for their fairness, criticism quickly erupted as a result of the Trial Chamber's decision to allow anonymous testimony to be used in the Tadic trial. This article explores the Trial Chamber's decision to allow the use of anonymous testimony as a protective measure. It focuses on the challenge of defining the sources …
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith
Articles by Maurer Faculty
No abstract provided.
Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown
Book Review. Making Civil Rights Law: Thurgood Marshall And The Supreme Court, 1936-1961, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Chilling Child Abuse Reporting: Rethinking The Capta Amendments, Caroline T. Trost
Chilling Child Abuse Reporting: Rethinking The Capta Amendments, Caroline T. Trost
Vanderbilt Law Review
On a December night in 1993, Gregory Bryant-Bruce, age six months, was rushed to Vanderbilt University Medical Center Emergency Room for treatment of severe anemia, shock, and abnormally low hematocrit.' A CT scan revealed brain hemorrhaging, and a physical examination showed retinal hemorrhages of varying ages. Retinal bleeding in a young child is almost always caused by traumatic injury, and is considered to be a classic sign of "Shaken Impact Syndrome" ("SIS"), a life-threatening and relatively common form of child abuse. Thus, on the basis of Gregory's symptoms and the in- adequacy of his parents' explanation of his injuries, Gregory's …
The Limits Of Religious Values In Judicial Decisionmaking, Scott C. Idleman
The Limits Of Religious Values In Judicial Decisionmaking, Scott C. Idleman
Marquette Law Review
No abstract provided.
The Last Stage In Reprofessionalizing The Bar: The Wisconsin Bar Integration Movement, 1934-1956, Terry Radtke
The Last Stage In Reprofessionalizing The Bar: The Wisconsin Bar Integration Movement, 1934-1956, Terry Radtke
Marquette Law Review
No abstract provided.
The Bar Association Movement In Nineteenth Century, J. Gordon Hylton
The Bar Association Movement In Nineteenth Century, J. Gordon Hylton
Marquette Law Review
No abstract provided.
The Risks Of Copyright Infringement On The Internet: A Practitioner's Guide, David N. Weiskopf
The Risks Of Copyright Infringement On The Internet: A Practitioner's Guide, David N. Weiskopf
University of San Francisco Law Review
No abstract provided.
Catholic Judges In Capital Cases, John H. Garvey, Amy V. Coney
Catholic Judges In Capital Cases, John H. Garvey, Amy V. Coney
Marquette Law Review
No abstract provided.
Response To Judge Wendell Griffen, Joan B. Gottschall
Response To Judge Wendell Griffen, Joan B. Gottschall
Marquette Law Review
No abstract provided.
Responding To The Supreme Court's Effort To End The Conversation About Religious Exemptions And Welcoming Professor Sullivan Into The Conversation, Rodney K. Smith
Responding To The Supreme Court's Effort To End The Conversation About Religious Exemptions And Welcoming Professor Sullivan Into The Conversation, Rodney K. Smith
Marquette Law Review
No abstract provided.
Table Of Contents For Volume 81, Number 2, Marquette University
Table Of Contents For Volume 81, Number 2, Marquette University
Marquette Law Review
No abstract provided.
Legal Discource And The De Facto Disestablishment, Steven D. Smith
Legal Discource And The De Facto Disestablishment, Steven D. Smith
Marquette Law Review
No abstract provided.
Religion As Object And The Grammar Of Law, Larry Cata Backer
Religion As Object And The Grammar Of Law, Larry Cata Backer
Marquette Law Review
No abstract provided.
The Religious Dimension Of Judicial Decision Making And The De Facto Disestablishment, Mark Modak-Truran
The Religious Dimension Of Judicial Decision Making And The De Facto Disestablishment, Mark Modak-Truran
Marquette Law Review
No abstract provided.
Two Footnotes To Garvey And Coney: A Dilemma About Material Cooperation, And A Concern About The Nomination Process, Mark V. Tushnet
Two Footnotes To Garvey And Coney: A Dilemma About Material Cooperation, And A Concern About The Nomination Process, Mark V. Tushnet
Marquette Law Review
No abstract provided.
Opening The Door To School Choice In Wisconsin: Is Agostini The Key?, Peter M. Kimball
Opening The Door To School Choice In Wisconsin: Is Agostini The Key?, Peter M. Kimball
Marquette Law Review
No abstract provided.