Now showing items 1-10 of 40
Inappropriate imposition of court-ordered mediation in will contests
Victoria J. Haneman, The Inappropriate Imposition of Court-Ordered Mediation in Will Contests, 59 Clev. St. L. Rev. 513 (2011).
Following the successful implementation of court-ordered mediation programs in divorce and family law cases, similar programs are being adopted to mandate the use of mediation in other areas of litigation. Complex emotional ...
Changing the estate planning malpractice landscape: Applying the constructive trust to cure testamentary mistake
Victoria J. Haneman, Changing the Estate Planning Malpractice Landscape: Applying the Constructive Trust to Cure Testamentary Mistake, 80 UMKC L. Rev. 91 (2011).
A statistical compilation of malpractice claims released by the American Bar Association in 2008 demonstrates that estate planning cases constitute almost 10% of all actions filed. An estate planning client is uniquely ...
Corporate compliance survey
Paul E. McGreal, Corporate Compliance Survey, 67 Bus. Law. 227 (2011).
Overview of corporate compliance and ethics programs
Paul E. McGreal, An Overview of Corporate Compliance and Ethics Programs, in Advanced Compliance and Ethics Workshop 67 (Practising Law Inst. ed., 2011).
Iraq 2003-2013: A tragedy in three acts
Michael Kelly, Op-Ed, Iraq 2003-2013: A Tragedy in Three Acts, JURIST, Dec. 16, 2011, http://jurist.org/forum/2011/12/michael-kelly-iraq-retrospective.php.
Anti-bootlegging provisions: Congressional power and constitutional limitations
Craig W. Dallon, The Anti-Bootlegging Provisions: Congressional Power and Constitutional Limitations, 13 Vand. J. Ent. & Tech. L. 255 (2011).
Courts and scholars have considered the constitutional validity of 17 U.S.C.§ 1101 (civil), and 18 U.S.C. § 2319A (criminal), known as "the anti-bootlegging provisions." These provisions prohibit unauthorized recording, ...
McIntyre Machinery, Goodyear, and the incoherence of the minimum contacts test
Patrick J. Borchers, J. McIntyre Machinery, Goodyear, and the Incoherence of the Minimum Contacts Test, 44 Creighton L. Rev. 1245 (2011).
On June 27, 2011, when J. McIntyre Machinery Ltd. v. Nicastro and Goodyear Dunlop Tire Operations, S.A. v. Brown were handed down, it marked the first time in almost a quarter century that the United States Supreme Court ...
Ending corporate impunity for genocide: The case against China's state-owned petroleum company in Sudan
Michael J. Kelly, Ending Corporate Impunity for Genocide: The Case Against China's State-Owned Petroleum Company in Sudan, 90 Or. L. Rev. 413 (2011).
This case study explores the corporate criminal liability of the Chinese National Petroleum Corporation (CNPC) for complicity in the Darfur genocide in Sudan. Together with theoretical elements published elsewhere, this ...
Debate over genocide in Darfur, Sudan
Michael J. Kelly, The Debate over Genocide in Darfur, Sudan, 18 U.C. David J. Int'l L. & Pol'y 205 (2011).
Evolution of international law: Arcs and cycles
Michael J. Kelly, The Evolution of International Law: Arcs and Cycles, 44 Case W. Res. J. Int'l L. 1 41 (2011).
This essay tracks the evolution of international law from the Peace of Westphalia in 1648 and identifies recurring themes through the 20th century eras of global conflict followed by periods of multilateral institution ...