Law School Scholarly Works: Recent submissions
Now showing items 341-360 of 629
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Jurisdiction of Arbitrators to Decide Their Own Jurisdiction: Competence-Competence in Kansas and MBNA America Bank N.A. v. Credit
(Kansas Bar Association, 2007-05) -
Electronic commerce in Kansas: Contract formation and formalities under Article 2
(Kansas Bar Association, 1999-05) -
The New Kansas Estate Tax
(Kansas Bar Association, 2006-09) -
The Kansas Estate Tax Problem
(Kansas Bar Association, 2005) -
Today's Law School Curriculum
(Kansas Bar Association, 1972) -
Preventive ethics
(Kansas Bar Association, 1999-05) -
General Jurisdiction in Kansas
(Kansas Bar Association, 2007-04) -
Service of Process by Certified Mail
(Kansas Bar Association, 1990) -
An Empirical Study of AAA Consumer Arbitrations
(Ohio State University Michael E. Moritz College of Law, 2010)This Article presents the results from the first detailed empirical study of consumer arbitration as administered by the American Arbitration Association. Primarily using a sample of 301 AAA consumer arbitrations that ... -
The More Things Change: A Psychological Case Against Allowing the Federal Sentencing Guidelines to Stay the Same in Light of Gall, Kimbrough, and New Understandings of Reasonableness Review
(Catholic University of America, Columbus School of Law, 2009)This Article uses an analysis of the psychology of decision-making to argue that it is time to rethink the proper role of the Sentencing Guidelines. Psychology teaches that guidelines have an anchoring influence on an ... -
In Whose “Best Interests”? -- an International and Comparative Assessment of Us Rules on Sentencing of Juveniles
(Howard University School of Law, 2008)According to numerous sources, both at the international level and within the USA, legal standards governing the treatment of children (commonly defined as persons under 18 years old) -- including their treatment at the ... -
Driving Misjoinder: The Improper Party Problem in Removal Jurisdiction
(University of Alabama School of Law, 2006)This Article explores, and ultimately embraces, a new exception to the complete diversity rule in removal cases: the doctrine of procedural misjoinder. We argue that the doctrine offers federal courts a vital tool with ... -
Obstacles to Determining Punitive Damages in Class Actions
(Wake Forest Law Review, 2001)Courts and commentators have often embraced the class action device as an ideal means of assessing punitive damages fairly in mass tort cases. In this Article, Professor Hines sounds a cautionary note by identifying a ... -
China's Treatment of Crimes Against the Environment: Using Criminal Sanctions to Fight Environmental Degradation in the PRC
(Center for Chinese Legal Studies, Columbia University School of Law, 1994)Change is coming rapidly to the People's Republic of China (the "PRC" or "China"), especially in three related areas — degradation of its physical environment, transformation of its economic system and modernization of its ... -
Global Implications of the Asian Financial Crisis: Banking, Economic Integration, and Crisis Management in the New Century
(William Mitchell College of Law, 1999)[...] My thesis, in a nutshell, is this: the Asian financial crisis has revealed some deep fault lines in our international economy, and for years to come we shall look back on it as a turning point in economic history. ... -
Evolution of the Governing Law for Loan Agreements of the World Bank and Other Multilateral Development Banks
(American Society of International Law, 1996)What is the governing law for loan agreements entered into by the World Bank and other multilateral development banks (MDBs) in carrying out their public sector lending? That question was first definitively addressed about ... -
Protecting and Supporting Indigenous Peoples in Latin America: Evaluating the Recent World Bank and IDB Policy Initiatives
(Michigan State University College of Law, 2006)In this article, John Head draws on his experience with international financial institutions to offer both descriptive and prescriptive observations about the recent legal initiatives taken by the World Bank and the ... -
Codes, Cultures, Chaos, and Champions: Common Features of Legal Codification Experiences in China, Europe, and North America
(Duke University School of Law, 2003)What are the key conditions and factors that contribute to a successful effort within a political unit to create a new legal code? This article builds of the existing "comparative codification" literature by examining that ... -
Suspension of Debtor Countries' Voting Rights in the IMF: An Assessment of the Third Amendment to the IMF Charter
(University of Virginia School of Law, 1993)Two conclusions emerge from an examination of the Third Amendment to the IMF Charter, which was approved in 1992 to introduce a new form of sanction against countries failing to repay the IMF. First, going to the effort ... -
Clear Rules—Not Necessarily Simple or Accessible Ones
(University of Virginia, 2011-05-11)In The Complexity of Jurisdictional Clarity, 97 VA. L. REV. 1 (2011), Professor Dodson argues that the traditional call for clear and simple rules über alles in subject matter jurisdiction is misplaced. In this response ...