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Lumping As Default In Tort Cases: The Cultural Interpretation Of Injury And Causation, David M. Engel 2010 University at Buffalo School of Law

Lumping As Default In Tort Cases: The Cultural Interpretation Of Injury And Causation, David M. Engel

Journal Articles

Empirical studies of the tort law system suggest that "lumping, " or decisions by victims to do without adequate remedies, should be regarded as the predominant response to injury in American society and elsewhere. Yet research on lumping remains conceptually impoverished and gives insufficient attention to the culturalftameworks victims use to interpret their experiences and determine their responses. This Article presents the stories of injury victims in Thailand and compares their common-sense understandings of torts and tort law to those of injured Americans. It argues that analyses of lumping in America as well as Asia should take into account the …


Enhancing The Effectiveness Of Mediation In Korean-American Family Disputes: Cultural Sensitivity Training For Mediators And Co-Mediation Teams, Giyang An 2010 Benjamin N. Cardozo School of Law

Enhancing The Effectiveness Of Mediation In Korean-American Family Disputes: Cultural Sensitivity Training For Mediators And Co-Mediation Teams, Giyang An

Cardozo Journal of Conflict Resolution

This Note focuses primarily on first generation KoreanAmerican women who remain loyal to community values that follow traditional Korean norms, especially when it comes to gender and family roles. To demonstrate the effects of these social values, this Note will analyze conflicts stemming from the various roles and identities (e.g., as a wife or mother) of Korean-American women. In addition, this Note will discuss the different ways Koreans and Americans view the legal systems in their respective countries, and how Koreans generally have a more favorable view of mediation than the confrontational model of litigation. This Note will focus on …


Gentrification And Mediation: Where A Single Pronunciation And Differing Perceptions Converge, Tiffany Ansley 2010 Benjamin N. Cardozo School of Law

Gentrification And Mediation: Where A Single Pronunciation And Differing Perceptions Converge, Tiffany Ansley

Cardozo Journal of Conflict Resolution

This Note seeks to establish that mediation, when gentrification is involved, is the most suitable form of dispute resolution. Mediation, a form of Alternative Dispute Resolution ("ADR"), is the most well equipped method of dispute resolution to handle the emotional, legal, and community-based issues that arise as a result of gentrification. I argue in this Note that the effects of gentrification can be significantly reduced or remedied through mediation. The sources from which I draw to support my argument are research on case law dealing specifically with gentrification, research on the perspectives of persons negatively affected by gentrification, commentary and …


Mediation Ethics: An Exploration Of Four Seminal Texts, Barbara Wilson 2010 Yeshiva University, Cardozo School of Law

Mediation Ethics: An Exploration Of Four Seminal Texts, Barbara Wilson

Cardozo Journal of Conflict Resolution

The subject of mediator ethics is often conflated with discussions about standards of practice, the appropriate wording of codes of conduct, or forms of practitioner regulation. These discussions sometimes also extend to debates about practice dilemmas, such as conflicts of interest, voluntariness, confidentiality and stakeholder issues. The main purpose of this paper is instead to discuss the importance and problems of the differing ethical principles which, I argue, underlie four seminal and popular Alternative Dispute Resolution (ADR) books. These texts are in current circulation, although some have been republished as later editions since first appearing. They are often used-either separately …


Corporate Power In The Public Eye: Reassessing The Implications Of Berle’S Public Consensus Theory, Marc T. Moore, Antoine Rebérioux 2010 Seattle University School of Law

Corporate Power In The Public Eye: Reassessing The Implications Of Berle’S Public Consensus Theory, Marc T. Moore, Antoine Rebérioux

Seattle University Law Review

We analyze Berle’s overall corporate governance project in accordance with what we see as its four core sub-themes: (A) the limitations of external market forces as a constraint on managerial decision-making power; (B) the desirability of internal (corporate) over external (market) actors in allocating corporate capital; (C) civil society and the public consensus as a continuous informal check on managerial decision-making power; and (D) shareholder democracy (as opposed to shareholder primacy or shareholder wealth maximization) as a socially instrumental institution. We seek to debunk the popular misconception that Berle’s early work was a defense of the orthodox shareholder primacy paradigm …


The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman 2010 American University Washington College of Law

The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Corporate Social Responsibility And The Legal Profession, Eugene K. B. TAN 2010 Singapore Management University

Corporate Social Responsibility And The Legal Profession, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

No abstract provided.


Of State, Market And Justice: Latcritical Challenges To Theory, Praxis And Policy, Francisco Valdes 2010 American University Washington College of Law

Of State, Market And Justice: Latcritical Challenges To Theory, Praxis And Policy, Francisco Valdes

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri 2010 University of Miami School of Law

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

Articles

No abstract provided.


Sexual Abuse Of Power, Michal Buchhandler-Raphael 2010 University of Florida Levin College of Law

Sexual Abuse Of Power, Michal Buchhandler-Raphael

University of Florida Journal of Law & Public Policy

No abstract provided.


Florida's Unnatural Disaster: Who Will Pay For The Next Hurricane?, Bradley G. Bodiford 2010 University of Florida Levin College of Law

Florida's Unnatural Disaster: Who Will Pay For The Next Hurricane?, Bradley G. Bodiford

University of Florida Journal of Law & Public Policy

No abstract provided.


The Effectiveness Of The Internal Revenue Code's Adoption Tax Credit: Fostering The Nation's Future?, Leah Carson Kanoy 2010 University of Florida Levin College of Law

The Effectiveness Of The Internal Revenue Code's Adoption Tax Credit: Fostering The Nation's Future?, Leah Carson Kanoy

University of Florida Journal of Law & Public Policy

No abstract provided.


Seeing Is Believing: The Detainee Abuse Photos And "Open" Government's Enduring Resistance To Their Release During An Age Of Terror, Jay A. Yagoda 2010 University of Florida Levin College of Law

Seeing Is Believing: The Detainee Abuse Photos And "Open" Government's Enduring Resistance To Their Release During An Age Of Terror, Jay A. Yagoda

University of Florida Journal of Law & Public Policy

No abstract provided.


In Memory Of Professor Robert C. L. Moffat, Laura E. Kuipers 2010 University of Florida Levin College of Law

In Memory Of Professor Robert C. L. Moffat, Laura E. Kuipers

University of Florida Journal of Law & Public Policy

No abstract provided.


An Unsettling Outcome: Why The Florida Supreme Court Was Wrong To Ban All Settlement Evidence In Saleeby V. Rocky Elson Construction, Inc., 3 So. 3d 1078 (Fla. 2009), Michael L. Seigel, Robert J. Hauser, Allison D. Sirica 2010 University of Florida Levin College of Law

An Unsettling Outcome: Why The Florida Supreme Court Was Wrong To Ban All Settlement Evidence In Saleeby V. Rocky Elson Construction, Inc., 3 So. 3d 1078 (Fla. 2009), Michael L. Seigel, Robert J. Hauser, Allison D. Sirica

University of Florida Journal of Law & Public Policy

No abstract provided.


A Poor Player: Exempting Theatrical Productions From Smoke-Free Laws, Michael Freiberg 2010 William Mitchell College of Law

A Poor Player: Exempting Theatrical Productions From Smoke-Free Laws, Michael Freiberg

University of Florida Journal of Law & Public Policy

No abstract provided.


When Courts Let Insane Delusions Pass The Rational Basis Test: The Newest Challenge To Florida's Exclusion Of Homosexuals From Adoption, Amy D. Ronner 2010 St. Thomas University School of Law

When Courts Let Insane Delusions Pass The Rational Basis Test: The Newest Challenge To Florida's Exclusion Of Homosexuals From Adoption, Amy D. Ronner

University of Florida Journal of Law & Public Policy

No abstract provided.


Valuing Grief: A Proposal To Compensate Relocated Public Housing Residents For Intangibles, Dawn Jourdan, Ryan Feinberg 2010 University of Florida

Valuing Grief: A Proposal To Compensate Relocated Public Housing Residents For Intangibles, Dawn Jourdan, Ryan Feinberg

University of Florida Journal of Law & Public Policy

No abstract provided.


Squelching Student Speech In Florida?: Cyberbullying And The First Amendment, Kara Carnley Murrhee 2010 University of Florida Levin College of Law

Squelching Student Speech In Florida?: Cyberbullying And The First Amendment, Kara Carnley Murrhee

University of Florida Journal of Law & Public Policy

No abstract provided.


Bleeping Expletives: Adequate Protection Of The Public Or Unjustified Censorship?, Chad M. Muir 2010 University of Florida Levin College of Law

Bleeping Expletives: Adequate Protection Of The Public Or Unjustified Censorship?, Chad M. Muir

University of Florida Journal of Law & Public Policy

No abstract provided.


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