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2012

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Articles 91 - 120 of 260

Full-Text Articles in Legal History

Negotiating On Un-Holy Land: The Road From Israel To Palestine , Randolph "Michael" Nacol Ii Mar 2012

Negotiating On Un-Holy Land: The Road From Israel To Palestine , Randolph "Michael" Nacol Ii

Pepperdine Dispute Resolution Law Journal

The Middle East is no stranger to conflict. In particular, the land currently called "Israel" has been through the hands of many dynasties and has long been the center of religious development and identity. Despite turmoil and failed attempts at achieving peace, there is no excuse for complacency in resolving this intolerable Israeli-Palestinian divide. The conflict is arguably the longest, most complicated, deep-seated, and vicious battle in modern history. This article explores various fundamentals of negotiation and settlement with the hopes of spurring ideas, and furthering an interest in how this great conflict might finally be resolved. Recognizing most topics …


Building A Nation From Thirteen States: The Constitutional Convention And Preemption, Edward J. Larson Mar 2012

Building A Nation From Thirteen States: The Constitutional Convention And Preemption, Edward J. Larson

Pepperdine Law Review

This article is adapted from a talk Professor Larson gave at Pepperdine’s symposium on federal preemption of state tort law - the problem of medical drugs and devices. Professor Larson begins with a discussion of the Constitutional Convention and James Madison’s role in the creation of the U.S. Constitution. He relates how fifteen resolutions, developed by Madison and the other Virginia delegates, became known as the Virginia Plan, and served as the foundation for the Constitution. Professor Larson continues by examining Madison’s notes of the Convention. Specifically he shares what the notes relate about the deliberations at the Convention regarding …


Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom Mar 2012

Back To The Basics: Looking Again To State Constitutions For Guidance On Forming A More Perfect Vice Presidency, Jamin Soderstrom

Pepperdine Law Review

No abstract provided.


American Influence On Israeli Law: Freedom Of Expression, Pnina Lahav Mar 2012

American Influence On Israeli Law: Freedom Of Expression, Pnina Lahav

Faculty Scholarship

This chapter provides a historical overview of the American influence on Israel’s jurisprudence of freedom of expression from the 1950s to the first decade of the twenty first century. The chapter uses the format of decades, presenting representative cases for each decade, to record the process by which Israeli judges incorporated and sometimes rejected themes from the U.S. jurisprudence of freedom of expression. In the course of discussing the jurisprudential themes the chapter also highlights the historical context in which the cases were decided, from the war in Korea and McCarthyism in the 1950s, to the process of globalization which …


Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers Mar 2012

Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers

Pepperdine Dispute Resolution Law Journal

This paper reports on the final phase of a three-year study into the role of lawyers in the development of Alternative Dispute Resolution (ADR) following the implementation of the Civil Procedure Rules in 1999 and draws comparisons between US and Canadian studies. The paper centres on the use of mediation, which is recognised as the pre-eminent ADR process in the UK. Data are analysed from 30 interviews with specialist commercial and construction-related lawyers who have utilised mediation in the dispute resolution process. Interviewees were selected from respondents to a national survey of lawyers specializing in commercial and construction-related practice. Whereas …


The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper Mar 2012

The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper

Pepperdine Dispute Resolution Law Journal

Since its rise to power in July of 1994, the Rwandan government has been committed to prosecuting all those accused of genocide. To prosecute the approximately 130,000 defendants, Rwanda has adopted a program called gacaca, based on Rwanda's traditional customary dispute resolution system. The gacaca law provides a reconciliation component that allows defendants to trade confessions of past genocide crimes for indemnification, as well as a prosecution component that holds the most serious offenders accountable in a Western style prosecution in a formal court of law. One of the main goals of gacaca is to end the so-called "culture …


Team Mediation: An Interdisciplinary Model Balancing Mediation In The "Matrix" , David C. Hesser, Elizabeth Jarrell Craig Mar 2012

Team Mediation: An Interdisciplinary Model Balancing Mediation In The "Matrix" , David C. Hesser, Elizabeth Jarrell Craig

Pepperdine Dispute Resolution Law Journal

The Team Mediation model proposed in this article lays a foundation for the resolution of civil disputes utilizing an interdisciplinary team, which will attempt to balance mediation styles in a team dynamic in such a way as to provide the parties with a greater chance of success. Such a model will likely be met with skepticism and, as with any new idea, its benefits will need to be demonstrated to overtake the skeptics.


The Iranian Hostage Crisis And The Iran-U.S. Claims Tribunal: Implications For International Dispute Resolution And Diplomacy, Warren Christopher, Richard M. Mosk Mar 2012

The Iranian Hostage Crisis And The Iran-U.S. Claims Tribunal: Implications For International Dispute Resolution And Diplomacy, Warren Christopher, Richard M. Mosk

Pepperdine Dispute Resolution Law Journal

This is the twenty-fifth anniversary of what has become known as the Iranian Hostage Crisis. We shall look back on those events in order to point to possible issues, lessons and solutions for the future.


Is Three A Crowd? Neutrality, Partiality And Partisanship In The Context Of Tripartite Arbitrations , David J. Mclean, Sean-Patrick Wilson Mar 2012

Is Three A Crowd? Neutrality, Partiality And Partisanship In The Context Of Tripartite Arbitrations , David J. Mclean, Sean-Patrick Wilson

Pepperdine Dispute Resolution Law Journal

This paper will discuss issues surrounding party-appointed arbitrators on tripartite panels and will attempt to offer practical observations about what parties can expect under the tripartite system.


Style Vs. Model: Why Quibble? , Susan Oberman Mar 2012

Style Vs. Model: Why Quibble? , Susan Oberman

Pepperdine Dispute Resolution Law Journal

This article raises some of the questions necessary to address criticisms about quality and ethics of mediation practices: (Part I) Is there a "mandate" to provide informal justice through mediation? (Part II) Why challenge the generic mediation mythology? (Part III) Does naming differences as 'styles' result in greater clarity? (Part IV) Is mediation fulfilling its "mandate" to serve the court? (Part V) What are the obstacles to changing the dominant discourse on mediation? (Part VI) In answering these questions, an alternative framework is proposed to shift the current discourse about generic mediation based on artistry or style, to a discourse …


Women In Legal Education Section, Elizabeth Defeis Mar 2012

Women In Legal Education Section, Elizabeth Defeis

UMKC Law Review

Elizabeth Defeis shares the history and her own experiences with The Women in Legal Education (WLE) Section of the AALS.


A Section Memoir, Patricia Cain Mar 2012

A Section Memoir, Patricia Cain

UMKC Law Review

Patricia Cain discusses her experiences as a member and as Chair of the Women in Legel Education Section of the AALS.


1992: A Year Of Women, Bravery, And Growth, Karen Czapanskiy Mar 2012

1992: A Year Of Women, Bravery, And Growth, Karen Czapanskiy

UMKC Law Review

No abstract provided.


The Gendered Aspects Of Social Justice Work And Occupational Segregation In The Legal Academy: A Review Of 2003, Barbara Cox Mar 2012

The Gendered Aspects Of Social Justice Work And Occupational Segregation In The Legal Academy: A Review Of 2003, Barbara Cox

UMKC Law Review

No abstract provided.


Reflections From An Era Of Breaking Glass - 1984-1998, Laura Rothstein Mar 2012

Reflections From An Era Of Breaking Glass - 1984-1998, Laura Rothstein

UMKC Law Review

No abstract provided.


The Path Of Women In The Legal Academy: Gender, Race, And Culture, Melissa Tatum Mar 2012

The Path Of Women In The Legal Academy: Gender, Race, And Culture, Melissa Tatum

UMKC Law Review

No abstract provided.


Introduction: Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, Linda Jellum, Nancy Levit Mar 2012

Introduction: Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, Linda Jellum, Nancy Levit

UMKC Law Review

An introduction is presented in which the editors discuss stories of women legal educators, who have served as Chair of the Association of American Law Schools' (AALS) Women in Legal Education Section in the U.S. and what that service meant to them over the years.


Memory Or Imagination: Reflections On The Section On Women In Legal Education, Joyce E. Mcconnell Mar 2012

Memory Or Imagination: Reflections On The Section On Women In Legal Education, Joyce E. Mcconnell

UMKC Law Review

No abstract provided.


Regaining Momentum, Pat K. Chew Mar 2012

Regaining Momentum, Pat K. Chew

UMKC Law Review

No abstract provided.


An Unexpected Chair, Elizabeth Nowicki Mar 2012

An Unexpected Chair, Elizabeth Nowicki

UMKC Law Review

No abstract provided.


The Good, The Bad, And The Ugly, Lisa R. Pruitt Mar 2012

The Good, The Bad, And The Ugly, Lisa R. Pruitt

UMKC Law Review

No abstract provided.


Aals Section On Women In Legal Education Reflections: 2002-2011, Danne L. Johnson Mar 2012

Aals Section On Women In Legal Education Reflections: 2002-2011, Danne L. Johnson

UMKC Law Review

No abstract provided.


Antitrust Energy, D. Daniel Sokol, Barak Orbach Mar 2012

Antitrust Energy, D. Daniel Sokol, Barak Orbach

UF Law Faculty Publications

Marking the centennial anniversary of Standard Oil Co. v. United States, we argue that much of the critique of antitrust enforcement and the skepticism about its social significance suffer from “Nirvana fallacy” — comparing existing and feasible policies to ideal normative policies, and concluding that the existing and feasible ones are inherently inefficient because of their imperfections. Antitrust law and policy have always been and will always be imperfect. However, they are alive and kicking. The antitrust discipline is vibrant, evolving, and global. This essay introduces a number of important innovations in scholarship related to Standard Oil and its modern …


Women In Legal Education Iii, Marina Angel Mar 2012

Women In Legal Education Iii, Marina Angel

UMKC Law Review

Marina Angel shares her experiences with the Association of American Law Schools ("AALS") Section on Women in Legal Education. The first part of this article discusses her experience with the Section prior to becoming Chair, followed by a discussion of her experiences directly related to chairing the Section, and recommendations for future officers of the Section.


The Aals Section On Women In Legal Education: The Past And The Future, Elizabeth M. Schneider Mar 2012

The Aals Section On Women In Legal Education: The Past And The Future, Elizabeth M. Schneider

UMKC Law Review

Elizabeth Schneider discusses her experiences as a member and as chair of the Women in Legal Education Section of the AALS and the importance of reflection on the history of the Section.


Gender Integration And The Legal Academy: The Role Of The Aals Section On Women In Legal Education, Stephanie M. Wildman Mar 2012

Gender Integration And The Legal Academy: The Role Of The Aals Section On Women In Legal Education, Stephanie M. Wildman

UMKC Law Review

No abstract provided.


Americans' Unwillingness To Pay Taxes Before The American Revolution: An Uncomfortable Legacy, Richard A. Westin Mar 2012

Americans' Unwillingness To Pay Taxes Before The American Revolution: An Uncomfortable Legacy, Richard A. Westin

Law Faculty Scholarly Articles

When one reflects on the sorry condition of America’s finances one has to wonder why there is such resistance to fiscal discipline. Is it merely because there is an obstreperous group in the US Congress who cannot abide any tax? Has the public been subtly lobbied into believing that American taxes are high, pointless and intolerable or is there some gene in the America’s body politic that has always been there that expresses itself from time to time in a pernicious cheapness? Perhaps all those things are true, or perhaps none. Nevertheless, a glance backward at Colonial days can stimulate …


States' Rights And State Standing, Stephen I. Vladeck Mar 2012

States' Rights And State Standing, Stephen I. Vladeck

University of Richmond Law Review

No abstract provided.


Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto Feb 2012

Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto

Pepperdine Dispute Resolution Law Journal

Last year, a law review solicited my thoughts about, in their words, pushing the envelope with social justice and negotiating peace in a world dominated by power and violence. Taking their language literally, one must ask how to effectively address contemporary obstacles to ensure that the message and, most importantly, the means of justice are truly delivered to those in need. One answer-which may seem obvious to readers but is actually much too rare in practice-is to work with, empower, and support the conflict work of the community members themselves. This article introduces the plans of five African professionals, demonstrating …


A Reflection On American Justice At A Crossroads: A Public And Private Crisis, Maureen A. Weston Feb 2012

A Reflection On American Justice At A Crossroads: A Public And Private Crisis, Maureen A. Weston

Pepperdine Dispute Resolution Law Journal

In April, 2010, a prominent group of judges, attorneys, academics, private dispute resolution professionals, and policymakers gathered to reflect upon the current state and future of the American justice system. A symposium entitled American Justice at a Crossroads: A Public and Private Crisis was held at Pepperdine University School of Law under the joint sponsorship of the Straus Institute for Dispute Resolution, the Pepperdine Dispute Resolution Law Journal, and the International Institute for Conflict Prevention and Resolution (CPR Institute). This special symposium edition of the Journal is comprised of select papers and speeches presented at that event and provide thoughtful …