American Justice At A Crossroads: Opening Remarks,
2012
Pepperdine University
American Justice At A Crossroads: Opening Remarks, Kenneth Starr
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 …
Economical Litigation Agreements: The "Civil Litigation Prenup" Need, Basis, And Enforceability ,
2012
Pepperdine University
Economical Litigation Agreements: The "Civil Litigation Prenup" Need, Basis, And Enforceability , Daniel B. Winslow, Alexandra Bedell-Healy
Pepperdine Dispute Resolution Law Journal
This article identifies the basis and limits of the parties' abilities to define and enforce discovery in an ex ante contract. Despite the deficiencies of litigation, the free, public dispute resolution forum of the civil justice system provides significant value in commercial disputes. That value can be used to maximum mutual advantage only if parties replace the infinite discovery permitted in conventional litigation with the finite discovery contracted in Economical Litigation Agreement (ELA) litigation. This article will help parties to understand the benefit and enforceability of the ELA.
Getting To Yes In Specialized Courts: The Unique Role Of Adr In Business Court Cases,
2012
Pepperdine University
Getting To Yes In Specialized Courts: The Unique Role Of Adr In Business Court Cases, Bejamin F. Tennille, Lee Applebaum, Anne Tucker Nees
Pepperdine Dispute Resolution Law Journal
The assumed compatibility between ADR and specialized courts is largely unexamined. Without being able to statistically validate the motivations and preferences of individual disputants in a manner to draw generalized conclusions, this article examines the relationship between ADR and specialized business courts by looking at how the two are structurally intertwined through existing procedural rules and implementation practices. Part I of this article describes the foundational structures and concepts behind both ADR and specialized business courts, as well as the similarities and differences between them. Part II explores the existing formal structural relationship between ADR and specialized courts by examining …
Keynote Address: Civil Justice At A Crossroads ,
2012
Pepperdine University
Keynote Address: Civil Justice At A Crossroads , Rebecca Love Kourlis
Pepperdine Dispute Resolution Law Journal
I really do believe that, as your title suggests, the civil justice system is at a crossroads and that, as a result, we all have new opportunities and old responsibilities. Four years ago, concerns about skyrocketing costs, unprofessional gamesmanship, and long delays in civil litigation were the stuff of grousing and shoulder shrugs. We all had a level of fatalism or cynicism about our inability to change any of those factors. Now, that is not true. There is a window of opportunity that has opened-a convergence of various forces resulting in a willingness of decision-makers to consider change. As a …
The Disempowering Relationship Between Mediator Neutrality And Judicial Impartiality: Toward A New Mediation Ethic,
2012
Pepperdine University
The Disempowering Relationship Between Mediator Neutrality And Judicial Impartiality: Toward A New Mediation Ethic, Ronit Zamir
Pepperdine Dispute Resolution Law Journal
The issue I shall discuss in this article is whether the concept of mediator neutrality advances the empowering and effective participation of parties from disadvantaged groups. Section II will deal with the relationship between the concept of neutrality in the adversarial legal process, in the mediation process, and the concept of procedural justice. I shall then present the meanings ascribed to the concept of mediator neutrality in the two prevailing models of mediation: the problem-solving model and the transformative model. The affinity between these meanings and the concept of judicial impartiality will be discussed and critiqued. Finally, I shall suggest …
Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International ,
2012
Pepperdine University
Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales
Pepperdine Dispute Resolution Law Journal
This article first argues that to determine the enforceability of a class action waiver, courts should take a "totality of the circumstances" approach rather than adopting a bright-line rule. A set of defined factors that also allows courts to consider real-world issues facing litigants will provide a substantial framework for courts to interpret this area of the law and will lead to more consistent and well-reasoned outcomes in the future. These factors include: the probable size of each class member's individual recovery, the potential for retaliation against class members, the awareness of potential class members that their rights have been …
Law, Higher Law, And Human Making,
2012
Pepperdine University
Law, Higher Law, And Human Making, William S. Brewbaker Iii
Pepperdine Law Review
This paper is a preliminary investigation of what Christian theology might teach us about the nature of human creative activity and its relationship to judging and lawmaking. Rather than attempt to survey and synthesize multiple theological accounts of human making, it focuses on just one - Dorothy Sayers' The Mind of the Maker. The foundational analogy that drives Sayers' account of human creativity is the relation between God's creative activity and that of human beings made in his image. Sayers argues that human creative activity has a Trinitarian structure, which she identifies as Idea, Energy and Power. These three elements …
Kimbrough And Gall: Taking Another "Crack" At Expanding Judicial Discretion Under The Federal Sentencing Guidelines,
2012
Pepperdine University
Kimbrough And Gall: Taking Another "Crack" At Expanding Judicial Discretion Under The Federal Sentencing Guidelines, Chris Gaspard
Pepperdine Law Review
No abstract provided.
The Third Annual William French Smith Memorial Lecture: A Conversation With Retired Justice Sandra Day O'Connor,
2012
Pepperdine University
The Third Annual William French Smith Memorial Lecture: A Conversation With Retired Justice Sandra Day O'Connor, Sandra Day O'Connor, Kenneth W. Starr, Carol A. Chase, Colleen Graffy, Virginia Milstead
Pepperdine Law Review
No abstract provided.
The Second Conversation With Justice Samuel A. Alito, Jr.: Lawyering And The Craft Of Judicial Opinion Writing,
2012
Pepperdine University
The Second Conversation With Justice Samuel A. Alito, Jr.: Lawyering And The Craft Of Judicial Opinion Writing, Samuel A. Alito Jr, Michael W. Mcconnell, Kenneth W. Starr, Walter E. Dellinger Iii, Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
The Second Annual William French Smith Memorial Lecture: A Conversation With Justice Clarence Thomas,
2012
Pepperdine University
The Second Annual William French Smith Memorial Lecture: A Conversation With Justice Clarence Thomas, Clarence Thomas, Kenneth W. Starr, Shelley Saxer, Douglas W. Kmiec, Charles R. Eskridge
Pepperdine Law Review
No abstract provided.
Thirty-First Annual Pepperdine University School Of Law Dinner: Keynote Address,
2012
Pepperdine University
Thirty-First Annual Pepperdine University School Of Law Dinner: Keynote Address, John G. Roberts Jr
Pepperdine Law Review
No abstract provided.
Introduction ,
2012
Pepperdine University
Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges ,
2012
Pepperdine University
Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges , Michael I. Meyerson, William Meyerson
Pepperdine Law Review
This article will explore several areas in which judges, hampered by their mathematical ignorance, have permitted numerical analysis to subvert the goals of our legal system. In Part II, I will examine the perversion of the presumption of innocence in paternity cases, where courts make the counter-factual assumption that regardless of the evidence, prior to DNA testing, a suspect has a 50/50 chance of being the father. In Part III, I will explore the unnecessary injection of race into trials involving the statistics of DNA matching, even when race is entirely irrelevant to the particular case. Next, in Part IV, …
Timeline Of African-American Legal History In Nevada (1861-2011),
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Timeline Of African-American Legal History In Nevada (1861-2011), Rachel J. Anderson
Scholarly Works
For the first time in Nevada history, this timeline depicts selected events in the history of African-American lawyers, civil rights, and diversity in Nevada's bar and bench. It includes many historically significant pictures and is part of a special Black History Month issue of the Nevada Lawyer, the official publication of the State Bar of Nevada. That issue highlights the achievements and contributions of African-American lawyers in Nevada in honor of the 51st anniversary of the first African American (Charles L. Kellar) passing the Nevada state bar examination, the 48th anniversary of the first two African Americans admitted to the …
Preserving The Past In The Present For The Future: Las Vegas Chapter Of The National Bar Association Archive At The Wiener-Rogers Law Library,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Preserving The Past In The Present For The Future: Las Vegas Chapter Of The National Bar Association Archive At The Wiener-Rogers Law Library, Jeanne Price, Rachel J. Anderson
Scholarly Works
This co-authored article documents the establishment of the Las Vegas Chapter of the National Bar Association (LVNBA) Archive in 2011 at the Wiener-Rogers Law Library at the University of Nevada, Las Vegas, William S. Boyd School of Law, which may be the first of its kind in the nation. The LVNBA archive was established in cooperation with the LVNBA, the local affiliate of the National Bar Association, which is the nation’s oldest minority bar and largest national association of over 44,000 predominately African-American lawyers, judges, professors, and law students. Materials donated by the LVNBA and its members document the role …
Due Process And Judicial Disqualification: The Need For Reform,
2012
Pepperdine University
Due Process And Judicial Disqualification: The Need For Reform, Gabriel D. Serbulea
Pepperdine Law Review
No abstract provided.
Supreme Court Of The United States, October Term 2011 Preview, Update: January 3, 2012,
2012
Georgetown University Law Center
Supreme Court Of The United States, October Term 2011 Preview, Update: January 3, 2012, Georgetown University Law Center, Supreme Court Institute
Supreme Court Overviews
No abstract provided.
Touched By Greatness,
2012
University of Maryland Francis King Carey School of Law
Random Chance Or Loaded Dice: The Politics Of Judicial Designation,
2012
Washington and Lee University School of Law
Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn
Scholarly Articles
Here, we take advantage of a unique characteristic of the procedures of the U.S. courts of appeals—the discretion held by chief judges to designate district court judges to three-judge appellate panels— to examine empirically the importance of oversight and judicial hierarchy on judges' behavior in those courts. Specifically, we examine the extent to which decisions about the policy preferences of designated judges vary systematically with the ideological tenor of the chief judge himself, the court as a whole, and the U.S. Supreme Court. More simply put, we ask: are district court judges selected to sit on appeals court panels simply …
