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2013

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Institution
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Articles 151 - 180 of 396

Full-Text Articles in Law and Society

Rationales And Designs To Implement An Institutional Big Bang In The Governance Of Global Finance, Emilios Avgouleas Mar 2013

Rationales And Designs To Implement An Institutional Big Bang In The Governance Of Global Finance, Emilios Avgouleas

Seattle University Law Review

The colossal challenges facing international finance pertain to both its governance system and its dual utility and speculative functions, which have become ever more intertwined with the advent of financial innovation. In the aftermath of the Global Financial Crisis (GFC), a number of significant reforms are under way to address the second issue, including additional capital and liquidity requirements for banks, measures to battle interconnectedness in the financial sector, new resolution regimes that would allow banks to fail more easily, and stricter frameworks for bank supervision and monitoring of systemic risk. Yet limited progress has been made with respect to …


Framing Address: A Framework For Analyzing Financial Market Transformation, Steven L. Schwarcz Mar 2013

Framing Address: A Framework For Analyzing Financial Market Transformation, Steven L. Schwarcz

Seattle University Law Review

The title of this Symposium originally was “Rethinking Financial and Securities Markets.” It is, of course, somewhat presumptuous for scholars to try to rethink financial markets per se. Markets, including financial markets, are driven primarily by supply and demand. But scholars can and should try to influence the future of financial markets by rethinking their fundamental aspects. This Symposium presents work from leading scholars in the fields of law, economics, finance, and accounting. I will try to frame the discussion from the perspectives of these four disciplines. First, however, we need to identify what it is about financial markets that …


Disproving The Myths Of Poverty And Breaking The Cycle Of Homelessness Shades Of Gray: The Future Of Affirmative Action In Higher Education, Ian Lisman, Kristen David Adams, David Whisnant, Alex Scherr Mar 2013

Disproving The Myths Of Poverty And Breaking The Cycle Of Homelessness Shades Of Gray: The Future Of Affirmative Action In Higher Education, Ian Lisman, Kristen David Adams, David Whisnant, Alex Scherr

Working in the Public Interest Conferences

Covers the complex subjects of homelessness and poverty and the widespread effect these conditions have on individuals in the South with discussion on both the legal and practical aspects of experiencing homelessness, including eviction, family issues, veterans’ issues, domestic violence, mental and physical health, addiction, and recidivism.


Where Islam Meets The West: A Recommendation For The United Arab Emirates And Dubai In Implementing Casino-Style Gaming, Kirsten Van Ry Mar 2013

Where Islam Meets The West: A Recommendation For The United Arab Emirates And Dubai In Implementing Casino-Style Gaming, Kirsten Van Ry

UNLV Gaming Law Journal

No abstract provided.


Growing Inequality And Racial Economic Gaps, Thomas W. Mitchell Mar 2013

Growing Inequality And Racial Economic Gaps, Thomas W. Mitchell

Faculty Scholarship

Over the past several decades, economic inequality has grown dramatically in the United States while inter-generational economic mobility has declined, which has challenged the very notion of the "American Dream." In fact, the United States is more economically unequal than most other industrialized countries. Further, there are dramatic and growing racial economic gaps in this country. Despite the Occupy Wall Street Movement, and the various spinoffs it has catalyzed, there has not been any sustained, widespread social movement to address economic inequality in the United States over the course of the past several decades. Furthermore, it is unlikely that a …


Justice For All, Patricia Kay Oliver Feb 2013

Justice For All, Patricia Kay Oliver

Pepperdine Law Review

Fourteen years into her career at a top U.S. law firm, no one would have imagined that Patricia K. Oliver would walk away from her private practice to return to the world of her poverty-filled childhood in Compton. But in 2011, she left her practice to serve as the President and Executive Director of Christian Legal Aid of Los Angeles (CLA-LA). This is the story of her journey, which she was honored to share at the Pepperdine Law Review's The Lawyer of the Future symposium.


Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr. Feb 2013

Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr.

Pepperdine Law Review

The law practice of Louis Brandeis serves as an appropriate vehicle for examining both the history of the legal profession in the United States and the role of lawyers as philanthropists. Brandeis was one of America's most successful and innovative lawyers at the turn of the twentieth century, and serves as a role model for lawyers in his dedication to public service. Brandeis, of course, is best known for his work as a Justice on the United States Supreme Court; however, he is less well known for his work as a lawyer-though he practiced law for 40 years before he …


Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark Feb 2013

Religions As Sovereigns: Why Religion Is "Special", Elizabeth Clark

Faculty Scholarship

Commentators increasingly challenge religion’s privileged legal status, arguing that it is not “special” or distinct from other associations or philosophical or conscientious claims. I propose that religion is “special” because it functions metaphorically as a legal sovereign, asserting supreme authority over a realm of human life. Under a religion-as-sovereign theory, religious freedom can be understood as at least partial deference to a religious sovereign in a system of shared or overlapping sovereignty. This Article suggests that federalism, which also involves shared sovereignty, can provide a useful heuristic device for examining religious freedom. Specifically, the Article examines a range of federalism …


When Intercultural Competency Comes To Class: Navigating Difference In The Modern American Law School, Rachel F. Moran Feb 2013

When Intercultural Competency Comes To Class: Navigating Difference In The Modern American Law School, Rachel F. Moran

Faculty Scholarship

There has been increased interest in intercultural competency training at American law schools. Implementing that training can be complicated by disagreements about the meaning of culture and the purpose of promoting intercultural competency. In professional schools, awareness of different cultures can be a way of fulfilling moral obligations as a global citizen or honing skills in a global economy. Even when a law school determines what it means by culture and why it wants to promote the training, there are different methods of inculcating intercultural competency. Clinical instructors already incorporate these concerns into their teaching and can provide useful insights …


Precautionary Constitutionalism In Ancient Athens, Adriaan Lanni, Adrian Vermeule Feb 2013

Precautionary Constitutionalism In Ancient Athens, Adriaan Lanni, Adrian Vermeule

Cardozo Law Review

No abstract provided.


The Not-So-Golden Years: The Legal Response To Elder Abuse, David P. Mathews Jan 2013

The Not-So-Golden Years: The Legal Response To Elder Abuse, David P. Mathews

Pepperdine Law Review

No abstract provided.


Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle Jan 2013

Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle

Pepperdine Law Review

No abstract provided.


Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler Jan 2013

Benign Sex Discrimination Revisited: Constitutional And Moral Issues In Banning Sex-Selection Abortion , George Schedler

Pepperdine Law Review

No abstract provided.


Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear Jan 2013

Land Use Aesthetics: A Citizen Survey Approach To Decision Making , John Edward Van Vlear

Pepperdine Law Review

No abstract provided.


Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae Jan 2013

Alienating Sham Marriages For Tougher Immigration Penalties: Congress Enacts The Marriage Fraud Act, Karen L. Rae

Pepperdine Law Review

No abstract provided.


Consumer Debt And Usury: A New Rationale For Usury , Robin A. Morris Jan 2013

Consumer Debt And Usury: A New Rationale For Usury , Robin A. Morris

Pepperdine Law Review

No abstract provided.


The Mandatory Summary Jury Trial In Federal Court: Foundationally Flawed, Nina Jill Spiegel Jan 2013

The Mandatory Summary Jury Trial In Federal Court: Foundationally Flawed, Nina Jill Spiegel

Pepperdine Law Review

No abstract provided.


Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone Jan 2013

Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone

Pepperdine Law Review

No abstract provided.


The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun Jan 2013

The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun

Pepperdine Law Review

No abstract provided.


Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel Jan 2013

Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel

Pepperdine Law Review

No abstract provided.


The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield Jan 2013

The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield

Pepperdine Law Review

No abstract provided.


The Unjustified Furor Over Securities Arbitration, Gilbert R. Serota Jan 2013

The Unjustified Furor Over Securities Arbitration, Gilbert R. Serota

Pepperdine Law Review

No abstract provided.


Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman Jan 2013

Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman

Pepperdine Law Review

No abstract provided.


Mediation - A Preferred Method Of Dispute Resolution, Kenneth R. Feinberg Jan 2013

Mediation - A Preferred Method Of Dispute Resolution, Kenneth R. Feinberg

Pepperdine Law Review

No abstract provided.


Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation, John L. Barkai, Gene Kassebaum Jan 2013

Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation, John L. Barkai, Gene Kassebaum

Pepperdine Law Review

No abstract provided.


Introduction: Second Symposium Issue On Alternative Dispute Resolution , L. Randolph Lowry Jan 2013

Introduction: Second Symposium Issue On Alternative Dispute Resolution , L. Randolph Lowry

Pepperdine Law Review

No abstract provided.


It's All Mine - Or At Least Part Of It Is: A California Look At Property Apportionment Between The Families Of An Interstate And An Intestate's Predeceased Spouse, Robert G. Popovich Jan 2013

It's All Mine - Or At Least Part Of It Is: A California Look At Property Apportionment Between The Families Of An Interstate And An Intestate's Predeceased Spouse, Robert G. Popovich

Pepperdine Law Review

No abstract provided.


Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons Jan 2013

Thompson V. Oklahoma: Debating The Constitutionality Of Juvenile Executions, Susan M. Simmons

Pepperdine Law Review

No abstract provided.


Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers Jan 2013

Coy V. Iowa: A Constitutional Right Of Intimidation, John A. Mayers

Pepperdine Law Review

No abstract provided.


United States V. Kozminski: On The Threshold Of Involuntary Servitude , Kenneth T. Koonce Jr. Jan 2013

United States V. Kozminski: On The Threshold Of Involuntary Servitude , Kenneth T. Koonce Jr.

Pepperdine Law Review

No abstract provided.