The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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,
2013
Pepperdine University
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 ,
2013
Pepperdine University
Introduction: Second Symposium Issue On Alternative Dispute Resolution , L. Randolph Lowry
Pepperdine Law Review
No abstract provided.
Constitutional Restraints On The Doctrine Of Punitive Damages,
2013
Pepperdine University
Constitutional Restraints On The Doctrine Of Punitive Damages, Theodore B. Olson, Theodore J. Boutrous Jr.
Pepperdine Law Review
No abstract provided.
A Diversity Approach To Parenthood In Family Life And Family Law,
2013
Boston University School of Law
A Diversity Approach To Parenthood In Family Life And Family Law, Linda C. Mcclain
Faculty Scholarship
Extraordinary changes in patterns of family life and family law have dramatically altered the boundaries of parenthood and opened up numerous questions and debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Is parenthood separable from marriage or couplehood when society seeks to foster childrens well-being? What is the better model of parenthood from the perspective of child outcomes? Intense disagreements over the definition and future of marriage often rest upon conflicting convictions about parenthood. What Is Parenthood? asks bold and direct questions about parenthood in contemporary society, and it brings together …
Christopher V. Smithkline Beecham Corporation: An Unsurprising Loss For Pharmaceutical Sales Representatives And An Erosion Of Power For Administrative Agencies,
2013
University of Maryland Francis King Carey School of Law
Christopher V. Smithkline Beecham Corporation: An Unsurprising Loss For Pharmaceutical Sales Representatives And An Erosion Of Power For Administrative Agencies, Anna Johnston
Proxy
No abstract provided.
Penalty Clauses As Remedies: Exploring Comparative Approaches To Enforceability,
2013
Touro Law Center
Penalty Clauses As Remedies: Exploring Comparative Approaches To Enforceability, Jack Graves
Touro Law Review
No abstract provided.
Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?,
2013
Barry University School of Law
Amendments To Federal Removal Statutes: Curtailing Adjudication Of Diversity Cases Or Bad Faith Causes Of Action?, Brooke M. Gaffney
Barry Law Review
This student comment explores the problem facing Florida insurers preventing them from exercising their right to litigate bad faith causes of action in federal court. This article demonstrates how the federal removal statutes, and amendments thereto, have potentially precluded insurers from removing some bad faith actions from state to federal court under diversity jurisdiction. This article details the divergence in opinion among Florida’s Southern and Middle District Courts in interpreting the federal removal statutes and concludes with a prediction of how the split may be resolved by the Eleventh Circuit Court of Appeals.
A Jurisdictional Perspective On New York Times V. Sullivan,
2013
FIU College of Law
A Jurisdictional Perspective On New York Times V. Sullivan, Howard M. Wasserman
Faculty Publications
New York Times v. Sullivan, arguably the Supreme Court's most significant First Amendment decision, marks its fiftieth anniversary next year. Often overlooked in discussions of the case's impact on the freedom of speech and freedom of the press is that it arose from a complex puzzle of constitutional, statutory, and judge-made jurisdictional and procedural rules. These kept the case in hostile Alabama state courts for four years and a half-million-dollar judgment before the Times and its civil rights leader co-defendants finally could avail themselves of the structural protections of federal court and Article III judges. The case's outcome and …
In Defense Of "Super Pacs" And Of The First Amendment,
2013
Brooklyn Law School
In Defense Of "Super Pacs" And Of The First Amendment, Joel Gora
Faculty Scholarship
No abstract provided.
What's Wrong With Stereotyping?,
2013
Brooklyn Law School
What's Wrong With Stereotyping?, Anita Bernstein
Faculty Scholarship
No abstract provided.
Favoritism And Corporate Law: The Confused Corporate Opportunity Doctrine In The Hyundai Motor Case,
2013
Seoul National University; University of Michigan Law School
Favoritism And Corporate Law: The Confused Corporate Opportunity Doctrine In The Hyundai Motor Case, Hwa-Jin Kim, Seung Hwan Lee, Stephen M. Woodcock
Michigan Business & Entrepreneurial Law Review
Core legal principles of U.S. corporate law are often met with perplexity in foreign jurisdictions. This is especially true for legal principles that are controversial even in the U.S. This Article takes the corporate opportunity doctrine and examines how it has been exported to the civil law regime in Korea. Korean conglomerates such as Samsung Group and Hyundai Motor Group have become major players in the global market, but corporate law and practice in Korea have had a difficult time keeping up with developments in the business sector. The Hyundai Motor Case demonstrates an ambitious, but ill-fated, attempt at the …
Utah's Children Need A Tourniquet, Not A Band-Aid: Why Utah Should Adopt A Separate Involuntary Civil Commitment Statute For Incompetent Sexual Offenders,
2013
SJ Quinney College of Law, University of Utah
Utah's Children Need A Tourniquet, Not A Band-Aid: Why Utah Should Adopt A Separate Involuntary Civil Commitment Statute For Incompetent Sexual Offenders, Tara Pincock
Utah OnLaw: The Utah Law Review Online Supplement
Utah needs to close the loophole that allows ISOs to be released by adopting a separate civil commitment statute. Utah should model its statute after similar statutes passed in Kansas and Washington, except Utah’s statute should only apply to incompetent individuals who are unlikely to regain competency. This separate civil commitment procedure will ensure that the ISO is sequestered until such a time that he is no longer a threat to society. The state could house those committed under this statute at a secure facility, such as the Utah State Hospital. The state could then use the sex-offender-treatment program used …
The Paradoxes Of Restitution,
2013
Mitchell Hamline School of Law
The Paradoxes Of Restitution, Mark A. Edwards
Faculty Scholarship
Restitution following mass dispossession is often considered both ideal and impossible. Why? This article identifies two previously unnamed paradoxes that undermine the possibility of restitution.
First, both dispossession and restitution depend on the social construction of rights-worthiness. Over time, people once considered unworthy of property rights ‘become’ worthy of them. However, time also corrodes the practicality and moral weight of restitution claims. By the time the dispossessed ‘become’ worthy of property rights, restitution claims are no longer practically or morally viable. This is the time-unworthiness paradox.
Second, restitution claims are undermined by the concept of collective responsibility. People are sometimes …
Consumer Financial Services Arbitration: What Does The Future Hold After Concepcion?,
2013
University of Maryland Francis King Carey School of Law
Consumer Financial Services Arbitration: What Does The Future Hold After Concepcion?, Alan S. Kaplinsky, Mark J. Levin
Journal of Business & Technology Law
No abstract provided.
State Speech And Political Liberalism,
2013
Fordham University School of Law
State Speech And Political Liberalism, Abner S. Greene
Faculty Scholarship
Jim Fleming and Linda McClain have written an impressive book on the responsible exercise of rights, which flows from prior writing by each.Their title, "Ordered Liberty," is a bit of a misnomer, however. When one thinks of that phrase, one thinks of the ways in which we balance liberty against order, i.e., against security, police power, controlling the excesses of liberty. Responsibility in the exercise of rights is an aspect of how rights are orderly, but the major hard cases involving rights are hard because significant claims of harm are in play. Think of much of constitutional criminal procedure, free …
Debt And Discipline: Neoliberal Political Economy And The Working Classes,
2013
Seattle University School of Law
Debt And Discipline: Neoliberal Political Economy And The Working Classes, Tayyab Mahmud
Faculty Articles
Over the last three decades, neoliberal restructuring of the economy created a symbiosis of debt and discipline. New legal regimes and strategic use of monetary policy displaced Keynesian welfare, facilitated financialization of the economy, broke the power of organized labor, and expanded debt to sustain aggregate demand. Public laws and policies created a field of possibility within which financial markets extended their reach and brought ever-increasing sections of the working classes and the marginalized within the ambit of the credit economy. Reordered public policies and new norms of personal responsibility demarcated the horizon within which the economically vulnerable pursued strategies …
