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Law As A Healing Profession: The "Comprehensive Law Movement" , Susan Daicoff 2012 Pepperdine University

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 2012 Pepperdine University

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 2012 Pepperdine University

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 2012 Pepperdine University

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 2012 Pepperdine University

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 2012 Pepperdine University

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 2012 Pepperdine University

Intermittent State Constitutionalism, Justin Long

Pepperdine Law Review

No abstract provided.


Benefits Of Courtroom Cameras Outweigh Costs, Jeremy Harris Lipschultz 2012 University of Nebraska at Omaha

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 2012 Pepperdine University

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 2012 Pepperdine University

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 2012 Pepperdine University

Free Speech, Kathleen M. Sullivan

Pepperdine Law Review

No abstract provided.


Criminal Justice, Vikram Amar 2012 Pepperdine University

Criminal Justice, Vikram Amar

Pepperdine Law Review

No abstract provided.


The Roberts Court & Executive Power, Jeffrey Rosen 2012 Pepperdine University

The Roberts Court & Executive Power, Jeffrey Rosen

Pepperdine Law Review

No abstract provided.


Standing Still - Did The Roberts Court Narrow, But Not Overrule, Flast To Allow Time To Re-Think Establishment Clause Jurisprudence?, Douglas W. Kmiec 2012 Pepperdine University

Standing Still - Did The Roberts Court Narrow, But Not Overrule, Flast To Allow Time To Re-Think Establishment Clause Jurisprudence?, Douglas W. Kmiec

Pepperdine Law Review

No abstract provided.


The Alito/O'Connor Switch, Joan Biskupic 2012 Pepperdine University

The Alito/O'Connor Switch, Joan Biskupic

Pepperdine Law Review

No abstract provided.


Introduction To Symposium: An Enigmatic Court? Examining The Roberts Court As It Begins Year Three, Douglas W. Kmiec, Kenneth W. Starr 2012 Pepperdine University

Introduction To Symposium: An Enigmatic Court? Examining The Roberts Court As It Begins Year Three, Douglas W. Kmiec, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr 2012 Pepperdine University

The Inaugural William French Smith Memorial Lecture: A Look At Supreme Court Advocacy With Justice Samuel Alito, Samuel A. Alito Jr, Douglas W. Kmiec, Carter G. Phillips, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


How To Take Control Of The Runaway Litigation Train , Jeremy Fogel 2012 Pepperdine University

How To Take Control Of The Runaway Litigation Train , Jeremy Fogel

Pepperdine Dispute Resolution Law Journal

My subject today is how informed and appropriate use of alternative dispute resolution can benefit the parties in a business dispute, both by reducing costs and by producing qualitatively better results. As I will explain, although my colleagues on the bench and I do not mind presiding over your cases, litigating a commercial case rarely is the best means of advancing the interests of the companies involved.


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

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 …


Unraveling The Mystery Of Wilko V. Swan: American Arbitration Vacatur Law And The Accidental Demise Of Party Autonomy , James M. Gaitis 2012 Pepperdine University

Unraveling The Mystery Of Wilko V. Swan: American Arbitration Vacatur Law And The Accidental Demise Of Party Autonomy , James M. Gaitis

Pepperdine Dispute Resolution Law Journal

This article begins with a brief description of what the Wilko Court said with respect to the vacatur of arbitral awards and how federal and state appellate courts have construed that language. Traditional American arbitration vacatur law, including but not limited to the cases relied upon by the Wilko Court, are then reviewed in depth such that the Wilko decision and the Wilko Court's choice of language may be placed in context and fully examined. The intent and proper operation of the FAA are then discussed based on both the legislative history of the FAA and other authorities that consistently …


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