Courts Commons^™

The Photographer's Copyright - Photograph As Art, Photograph As Database, Justin Hughes

Articles

No abstract provided.

Georgia's New Evidence Code - An Overview, Paul S. Milich

Georgia State University Law Review

On May 3, 2011, Governor Nathan Deal signed into law House Bill 24 (HB 24) bringing a new set of evidence rules to the State of Georgia.

The new rules went into effect on January 1, 2013. The author of this article was the Reporter for the State Bar Evidence Study Committee when new rules were first proposed back in the mid-1980s, and again throughout the recent, successful effort to reform the rules.

Part I of this article will give a brief history of the twenty-six-year effort to bring new evidence rules to Georgia. Part II will provide a structural …

"Expanded" Judicial Review Revisited: Kyocera Overturns Lapine, Eric Van Ginkel

Pepperdine Dispute Resolution Law Journal

Just when you thought you could validly add a clause to your client's arbitration agreement providing that the losing party may take an appeal from the award to the district court having jurisdiction over the parties, think again. What was the law of the Ninth Circuit since December 1997, when a three-judge panel of the Ninth Circuit Court of Appeals decided LaPine Technology Corporation v. Kyocera Corporation ("LaPine I"), has just been reversed by the Ninth Circuit Court of Appeals sitting en banc. In its decision, on a rehearing of what the court refers to as " …

Evaluating The New Justices In Light Of The Confirmation Ordeal, Gina Holland

Pepperdine Law Review

No abstract provided.

Evaluating The New Justices In Light Of The Confirmation Ordeal, Marcia Coyle

Pepperdine Law Review

No abstract provided.

Evaluating The New Justices In Light Of The Confirmation Ordeal, David G. Savage

Pepperdine Law Review

No abstract provided.

The Political Process, Elizabeth Garrett

Pepperdine Law Review

No abstract provided.

The Separation Of Powers: Hamdan V. Rumsfeld - The Anti-Roberts, Douglas W. Kmiec

Pepperdine Law Review

No abstract provided.

Criminal Justice, Akhil Reed Amar

Pepperdine Law Review

No abstract provided.

Civil Rights, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.

Overview Of The Term: The Rule Of Law & Roberts's Revolution Of Restraint, Douglas W. Kmiec

Pepperdine Law Review

In this introduction to a symposium on Chief Justice Roberts’ first term, Professor Kmiec begins with a discussion of how the addition of Chief Justice Roberts and Justice Alito to the Supreme Court resulted in a continuation of the center-right tradition of the Rehnquist-O’Connor era, and he addresses the impact of Justice O’Connor’s retirement on Justice Kennedy’s jurisprudence. Professor Kmiec also evaluates Rehnquist’s final term, determining that, during this term, Rehnquist lost some of the hard earned constitutional advantages in the areas of religious accommodation, federalism, and the protection of property rights. Professor Kmiec ends his article with a discussion …

"Of A Judiciary Nature": Observations On Chief Justice's First Opinions, Diane S. Sykes

Pepperdine Law Review

No abstract provided.

The Third Party Non-Signatory's Ability To Compel International Commercial Arbitration: Doing Justice Without Destroying Consent , James M. Hosking

Pepperdine Dispute Resolution Law Journal

This article analyzes the legal theories and other mechanisms employed in international commercial arbitration to achieve a workable compromise among the above-cited propositions. In so doing it touches on larger, more complex questions like the position of third parties in contract law, the jurisdictional foundations of arbitration, and the role of choice-of-law issues in determining the validity of the arbitration agreement. However important these broader concerns may be, they should not undermine the importance of the issue in its own right.

The Center Of The Center For Alternative Dispute Resolution, Wayne D. Brazil

Pepperdine Dispute Resolution Law Journal

Hawaii was one of the first states to establish within its judiciary a Center for Alternative Dispute Resolution. The Center's mission is: to mediate major public policy disputes and to facilitate policy formulation dialogues, to design and help implement mediation and other ADR programs for state and local governmental agencies, to provide education about and training in mediation for the public and for employees of state and local government, and to oversee the extensive network of community mediation centers that provide grass-roots mediation services throughout the Islands. In November of 2005 the Center celebrated its 20th anniversary by sponsoring various …

A Civil Matter For A Common Expert: How Should Parties And Tribunals Use Experts In International Commercial Arbitration?, Ruth Fenton

Pepperdine Dispute Resolution Law Journal

How should parties and tribunals use experts in international commercial arbitration? Are the common and civil law traditions blurred or blended, or should there be specific practices for international arbitration? To answer these questions, it is necessary to look at the common and civil law approaches to the use of experts in international commercial arbitration. This article will look at circumstances that may require an expert and arbitration laws and rules that assist parties and arbitrators in appointing an appropriate expert. The article highlights and discusses differences and similarities between civil and common law traditions and draws a conclusion as …

The Confirmation Of Punitive Awards In Arbitration: Did Due Process Disappear?, Stuart M. Boyarsky

Pepperdine Dispute Resolution Law Journal

Part I of this article provides a brief overview of the reasoning behind the limited judicial review of an arbitral award. Part II describes the state action doctrine and explains how several courts have used the doctrine in order to apply due process protection to proceedings involving private actors. In particular, this section discusses several significant decisions that involve the issue of whether a court's confirmation of an arbitrator's award of punitive damages creates state action and requires the application of constitutional protections such as due process. This Note concludes that due to a leading decision by the Eleventh Circuit, …

Sailing Around Erie: The Emergence Of A Federal General Common Law Of Arbitration , Kenneth F. Dunham

Pepperdine Dispute Resolution Law Journal

This paper traces the history of American arbitration from the common law to the FAA. It discusses the FAA as a procedural act prior to Southland v. Keating and as a substantive law act following Southland. It discusses the Erie doctrine as applicable to federal courts and state law preemption. The article concludes that Southland by-passed Erie using the Commerce Clause and the Supremacy Clause to create a federal common law of arbitration.

Forgive And Forget: Recognition Of Error And Use Of Apology As Preemptive Steps To Adr Or Litigation In Medical Malpractice Cases , Ashley A. Davenport

Pepperdine Dispute Resolution Law Journal

Medical malpractice cases are a special breed within the field of tort jurisprudence as mistakes in the medical field are regrettably inevitable. Medical universities use some of the greatest hospitals in this country as interactive classrooms to teach future physicians. A vast number of people are treated in hospitals throughout the United States every day, and of those treated, a number are neglected under the confines of the law. The American public expects infallible care from our health care system and any deviation from perfection may result in legal action. Those wronged seek litigation primarily as a means to punish …

In The Aftermath Of The Terri Schiavo Case: Resolving End-Of-Life Disputes Through Alternative Dispute Resolution, Alisa L. Geller

Pepperdine Dispute Resolution Law Journal

Imagine yourself the proud parent of an adult daughter. You have spent many years nurturing your precious child so that she may excel in the world. Just as all of your dreams for her are coming true, the news no parent wants to hear was delivered. Your daughter lost control of her car, the vehicle overturned and she was found lying face down in a ditch. You gasped. You expected the worst. A tragic end to a life yet lived. Then, the good news was delivered. You breathed a sigh of relief. You learned she survived. She was in a …

Law As A Healing Profession: The "Comprehensive Law Movement" , Susan Daicoff

Pepperdine Dispute Resolution Law Journal

This article outlines the history, context, importance, and development of ten or so "vectors" of an emerging change in the law comprising the "comprehensive law movement." This is a movement towards law as a positive force in the resolution and administration of legal matters. The vectors include: creative problem solving, therapeutic jurisprudence, preventive law, restorative justice, collaborative law, transformative mediation, and holistic justice. The movement utilizes the insights of procedural justice and other social science-based understanding of the intrapersonal and interpersonal dynamics of legal affairs and legal disputes. Developments such as problem solving courts, which include drug treatment courts, unified …

Brushing Off Lawsuits: Dental Peer Review Examined , Lisa C. Markarian

Pepperdine Dispute Resolution Law Journal

For all contractual and legal intents and purposes, a dentist is a provider of services, while the patient who consents to treatment is a consumer. A dentist's fees reflect, in part, the cost of malpractice insurance protection. Dentists can also calculate into their fees any refunds they may pay back to patients who suffer adverse results.8 An injured patient on the other hand has limited means of protection against damages resulting from the wrongful acts of dentists. The options open to patients include: (1) filing a complaint in civil court, (2) reporting the incident to a government agency such as …

Mediation By Judges: A New Phenomenon In The Transformation Of Justice , Louise Otis, Eric H. Reiter

Pepperdine Dispute Resolution Law Journal

This article has three principal parts. In the first, we present an overview of judicial mediation and how it responds to some of the perceived problems with the classical model of adjudication. In this analysis, we draw especially on the experience with judicial mediation at the appellate level at the Quebec Court of Appeal. In the second part, we examine the unfolding of the mediation process itself, using an annotated guide to judicial mediation to address broader issues of both practical and theoretical concern. In the third part, we consider the crucial question of ethics in mediation, signaling some of …

Alternative Dispute Resolution And Court-Appointed Experts , Joseph R. Slights Iii, Mark G. Haug

Pepperdine Dispute Resolution Law Journal

This article shamelessly borrows its subtitles-the Court's Tale and the Expert's Tale-from Chaucer's tale-telling. The two tales examine the life cycle of a case utilizing a court-appointed expert. The Court's Tale begins with a presumption against the court-appointed expert. Certain characteristics of a dispute, however, may be sufficient to rebut this presumption. The Court's Tale tells of one such case. The case involved complex damage calculations and irreconcilable positions that invite an objective analysis. The article then turns toward the Expert's Tale which describes how an expert helped resolve the problem. Following the Expert's Tale, the court assesses the outcome …

Loud Rules, David Coale, Wendy Couture

Pepperdine Law Review

This article defines a "loud rule" as a court's statement of substantive law accompanied by a warning that future litigants risk sanctions if they relitigate the issue. The authors examine the incidence of loud rules, noting patterns in their use. Then, the authors apply the substantive "necessity" test for distinguishing dicta and holdings, concluding that although the "loud" component of the rule is technically dictum, it does not raise the same policy concerns that underlie the dicta-holding distinction. Further, the authors apply the procedural "necessity" test for the appropriate exercise of a court's inherent power, concluding that many of the …

Does The First Amendment's "Right Of Access" Require Court Proceedings To Be Televised? A Constitutional And Practical Discussion, Audrey Maness

Pepperdine Law Review

No abstract provided.

Intermittent State Constitutionalism, Justin Long

Pepperdine Law Review

No abstract provided.

Benefits Of Courtroom Cameras Outweigh Costs, Jeremy Harris Lipschultz

Communication Faculty Publications

The Illinois Supreme Court recently authorized the use of television cameras and "other recording devices" for "extended media coverage" of the courts in the state. For the first time, this extends access in that state to all trial courts following an appellate experiment that began in the 1980s. It took the efforts of Illinois Supreme Court Chief Justice Thomas Kilbride to "bring more transparency and accountability" to the sometimes troubled Illinois criminal justice system.

The Roberts Court & The Business Cases, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.

Roundtable Discussion, Vikram Amar, Joan Biskupic, Douglas W. Kmiec, Jeffrey Rosen, Kenneth W. Starr, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.

Free Speech, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.