The Role Of Language Interpretation In Providing A Quality Mediation Process,
2016
Columbia Law School
The Role Of Language Interpretation In Providing A Quality Mediation Process, Alexandra Carter, Shawn Watts
Faculty Scholarship
This paper focuses on the role of language in mediation and the challenges multiple language fluencies bring to the practice. Beginning with a discussion of the process and ethics of mediation as a form of alternative dispute resolution, as distinct from other forms of dispute resolution including arbitration, the paper shifts to consider the importance of language. Language, and more specifically interpretation, plays a central role in the integrity of the mediation process and the quality of its outcomes. Each stage of mediation requires the participants and the mediator understand one another to ensure effective communication and a quality process. …
The Amplified Need For Supreme Court Guidance On Student Speech Rights In The Digital Age,
2016
St. Mary's University School of Law
The Amplified Need For Supreme Court Guidance On Student Speech Rights In The Digital Age, William Calve
St. Mary's Law Journal
Abstract forthcoming.
Punish The Crown, But Protect The Government: A Comparative Analysis Of State Tort Liability For Exemplary Damages In England And Punitive Damages In The United States,
2016
Yeshiva University, Cardozo School of Law
Punish The Crown, But Protect The Government: A Comparative Analysis Of State Tort Liability For Exemplary Damages In England And Punitive Damages In The United States, Bradley Raboin
Cardozo Journal of International and Comparative Law
The article examines the contrasting approaches of the United States and England regarding punitive and exemplary damages in tort claims against the government. While the U.S. prohibits punitive damages against the government under the Federal Tort Claims Act (FTCA), England allows exemplary damages against the Crown in specific cases. The author argues that England's approach, which holds the government accountable through exemplary damages, is preferable and suggests that the U.S. should consider a similar, regulated approach to enhance government accountability.
Panel 2: Issues In China For U.S. Businesses,
2016
Harris Moure
Panel 2: Issues In China For U.S. Businesses, Dan Harris, Cedric Lam, Ling Zhao, Lara Miller, Stephen Lamar
Cardozo Journal of International and Comparative Law
The symposium examines the challenges of enforcing intellectual property (IP) rights in China, particularly for U.S. companies, and highlights the efforts of organizations like the American Apparel and Footwear Association (AAFA) and the International Anti-Counterfeiting Coalition (IACC) to address counterfeit goods on platforms like Alibaba. It underscores the complexities of protecting IP in China despite relatively straightforward registration processes.
Time To Repair The Chain: Void Deeds, Subsequent Purchasers, And The Texas Recording Statutes,
2016
St. Mary's University School of Law
Time To Repair The Chain: Void Deeds, Subsequent Purchasers, And The Texas Recording Statutes, Richard E. Flint
St. Mary's Law Journal
Abstract forthcoming.
Gay Rights Versus Religious Freedom, And The Influence Of Obergefell V. Hodges On Distinguishing The Dividing Line,
2016
St. Mary's University School of Law
Gay Rights Versus Religious Freedom, And The Influence Of Obergefell V. Hodges On Distinguishing The Dividing Line, Kathleen Rainey Mcstravick
St. Mary's Law Journal
Obergefell v. Hodges, a United States Supreme Court case, added more fuel to the fire, leaving many to wonder how to voice religious opposition to same-sex marriages, and what are the second order effects for religious opposition in light of the new rule. The Court held the Equal Protection Clause in the Fourteenth Amendment of the United States Constitution guarantees protection against discrimination based on sexual orientation. Obergefell, brings the conflict between freedom of religion and LGBT rights to a new level by questioning how far freedom of religion can be used to refuse anti-discrimination statutes regarding sexual …
Everyone Makes Mistakes: Attorney's Fee Recovery In Legal Malpractice Suits,
2016
Loyola Law School Los Angeles
Everyone Makes Mistakes: Attorney's Fee Recovery In Legal Malpractice Suits, Sande L. Buhai
St. Mary's Journal on Legal Malpractice & Ethics
This Article argues that the American Rule should be changed for legal malpractice suits because the attorney–client relationship is the quintessential fiduciary relationship and because of the added concern of unequal information available to each party as a result of the large disparity in power. Attorneys must abide by ethical rules and owe fiduciary duties to their clients, which include the duties of competence, diligence, and loyalty. Because it is this very relationship that distinguishes legal malpractice suits from an ordinary lawsuit, awarding attorney’s fees to the damaged plaintiff client helps maintain fiduciary relationships and furthers the interests of justice. …
Judicial Disqualification And Recusal In Criminal Cases,
2016
St. Mary's University
Judicial Disqualification And Recusal In Criminal Cases, Edward L. Wilkinson
St. Mary's Journal on Legal Malpractice & Ethics
The United States Supreme Court has recognized circumstances in which the probability of judicial bias requiring disqualification or recusal is “too high to be constitutionally tolerable.” At the same time, the Texas Constitution contains a number of provisions barring a judge from presiding over a case under specific circumstances, while statutes and procedural rules either disqualify a judge or require him or her to be recused. Thus, whether a particular judge may preside over a given criminal case may be questioned under the Due Process Clause, the Texas Constitution, statue, or the rules of procedure. This Article will examine the …
Reconsidering The Remedy Of Gender Quotas,
2016
1877
Reconsidering The Remedy Of Gender Quotas, Tracy A. Thomas
Akron Law Faculty Publications
When newly-elected Canadian Prime Minister Justin Trudeau was asked by surprised reporters why he appointed women as fifty percent of his new cabinet, he responded simply, “Because it’s 2015.” Just because. Because it’s time. In fact, he suggested, it is long past time for having to justify including women as one-half of the power structure when women constitute one-half of the population. And it’s time for meaningful change in shared governance by something as pragmatically simple as selecting fifteen women and fifteen men for appointments. Similarly, it is long past time for justifying the need to reform American institutions that …
Anti-Incarcerative Remedies For Illegal Conditions Of Confinement,
2016
University of Michigan Law School
Anti-Incarcerative Remedies For Illegal Conditions Of Confinement, Margo Schlanger
Articles
Opposition to mass incarceration has entered the mainstream. But except in a few states, mass decarceration has not, so far, followed: By the end of 2014 (the last data available), nationwide prison population had shrunk only 3% off its (2009) peak. Jail population, similarly, was down just 5% from its (2008) peak. All told, our current incarceration rate - 7 per 1,000 population - is the same as in 2002, and four times the level in 1970, when American incarceration rates began their rise. Our bloated prisoner population includes many groups of prisoners who are especially likely to face grievous …
Are You Faux Real? An Examination Of Art Forgery And The Legal Tools Protecting Art Collectors,
2016
Galluzzo & Amineddoleh LLP
Are You Faux Real? An Examination Of Art Forgery And The Legal Tools Protecting Art Collectors, Leila A. Amineddoleh
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic,
2016
Brooklyn Law School
Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli
Brooklyn Journal of International Law
In the last two decades, the overall activity of the counterfeit market has expanded and risen 10,000 percent. This dramatic shift corresponds to growth of the Internet, which has unified the fascination of obtaining cheap, illegitimate goods with the efficiency of a mouse click. With the expected continued inflation of the counterfeit market comes a host of new concerns, namely, how to determine who is responsible for the distribution of these knockoffs, and who should be ordained to limit them in the marketplace. In both the United States and the European Union, however, outdated laws produce a mélange of inadequate …
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing,
2016
Brooklyn Law School
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Journal of Law and Policy
Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …
Patent Litigation In China: Protecting Rights Or The Local Economy?,
2016
Vanderbilt University Law School
Patent Litigation In China: Protecting Rights Or The Local Economy?, Brian J. Love, Christian Helmers, Markus Eberhardt
Vanderbilt Journal of Entertainment & Technology Law
Though it lacked a patent system until 1985, China is now the world leader in patent filings and litigation. Despite the meteoric rise of the Chinese patent system, many in the West believe that it acts primarily to facilitate local protectionism rather than innovation. Recent high-profile patent suits filed by relatively unknown Chinese firms against high-profile foreign tech companies, like Apple, Samsung, and Dell, have only added fuel to the fire. Surprisingly, given how commonplace assertions of Chinese protectionism are, little empirical evidence exists to support them. This Article contributes to the literature on this topic by analyzing five years …
Fourth Amendment Implications Of Police-Worn Body Cameras,
2016
Alston & Bird
Fourth Amendment Implications Of Police-Worn Body Cameras, Erik Nielsen
St. Mary's Law Journal
Abstract forthcoming.
Personal Jurisdiction In Legal Malpractice Litigation,
2016
Case Western Reserve University School of Law
Personal Jurisdiction In Legal Malpractice Litigation, Cassandra Burke Robertson
St. Mary's Journal on Legal Malpractice & Ethics
Lawyers are increasingly engaging in multi-jurisdictional practice—and their representation is increasingly giving rise to cross-jurisdictional malpractice actions. Over the years, courts have issued divergent and contradictory opinions about whether out-of-state attorneys representing clients only on out-of-state matters can constitutionally be subject to personal jurisdiction in the client’s home state. The Supreme Court’s recent opinions in Daimler v. Bauman and Walden v. Fiore do little to settle this question and, in fact, may raise more questions than they answer. Nevertheless, the Supreme Court’s new personal jurisdiction jurisprudence offers an opportunity for courts to adopt a more cohesive analysis of personal jurisdiction …
Use Of Expunged Records In Attorney-Disciplinary Proceedings,
2016
St. Mary's University
Use Of Expunged Records In Attorney-Disciplinary Proceedings, Roland D. Ramos
St. Mary's Journal on Legal Malpractice & Ethics
The Texas Supreme Court’s decision in In re State Bar of Texas should be modified. In In re State Bar of Texas, the Court allowed the use of a criminal defendant’s expunged records in a subsequent disciplinary proceeding against his attorney. Allowing the use of expunged records for any purpose violates Texas law. For example, under the Texas Code of Criminal Procedure, it is an offense to knowingly release or use expunged records for any reason, unless a court’s final expunction order permits the expunged records to be retained for future use or if a defendant waives his or …
X-Factoring: Why The Texas Supreme Court Should Revisit Its Examination Of Paid Or Incurred Medical Expenses,
2016
Harris County District Attorney's Office
X-Factoring: Why The Texas Supreme Court Should Revisit Its Examination Of Paid Or Incurred Medical Expenses, Zachary J. Lee
St. Mary's Law Journal
Abstract forthcoming.
The Right To Be Forgotten: Comparing U.S. And European Approaches,
2016
Ketterman, Rowland & Westlund, P.C.
The Right To Be Forgotten: Comparing U.S. And European Approaches, Samuel W. Royston
St. Mary's Law Journal
This Article compares the European and United States stances regarding the right to be forgotten. Within that context, this Article explores the implications of technological advances on constitutional rights, specifically the intersection of the right to free speech and the right to privacy, commonly referred to as the "right to be forgotten" paradox. In the United States, the trend is to favor free speech, while Europe places an emphasis on human rights. Each approach is analyzed based on supporting case law. The consequences of each approach on society, both long- and short-term, are also discussed. This Article argues that a …
Filming The Police: An Interference Or A Public Service,
2016
St. Mary's University School of Law
Filming The Police: An Interference Or A Public Service, Aracely Rodman
St. Mary's Law Journal
Abstract forthcoming.
