St. John's Law Review

St. John's Law Review is a magazine focusing on Law

Articles from Vol. 81, No. 1/2, Winter

A Comparative Assessment of Labor Dispute Resolution in the United States & the United Kingdom
INTRODUCTION1Think Billy Elliott.2 More specifically, think of the movie's vignettes of the massed riot police facing off the striking, enraged coal miners in the north of England.3 After the English coalminers' strike, circa 1984, the world changed....
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Adr Education from a Litigator/educator Perspective
Litigation through the years has significantly advanced the public interest and provided justice for those who otherwise have no real power to effectuate just results.1 Without litigation, specific advances in civil rights,2 consumer law,3 environmental...
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Assignment of Labor Arbitration
INTRODUCTIONImagine that you are a union lawyer assigned to represent an individual union member in a disciplinary arbitration.1 The grievant has an excellent case that the union has agreed to arbitrate. The grievant, however, is distrustful of his or...
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Bait and Switch in Hosty V. Carter: The Seventh Circuit's Recipe for Limiting Free Speech Rights of College Journalists by Extending the "Hazelwood Doctrine" and Misusing Qualified Immunity
INTRODUCTIONThe scope of free speech rights of public school students has been at issue for more than a century.1 Although freedom of speech is a fundamental American right,2 it often conflicts with other interests when public officials control the purse...
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Beyond Idr: Resolving Hospital Disputes and Healing Ailing Organizations through Itr
I. INTRODUCTIONIn early July of 2006, yet another scandal regarding professional and ethical standards in Israeli hospitals broke out: it was revealed in Haaretz, Israel's most influential newspaper, that a series of experiments in women and the elderly...
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Consideration of "Contracting Culture" in Enforcing Arbitration Provisions
INTRODUCTIONForm contract provisions requiring binding arbitration are becoming increasingly important due to their rising prevalence in a wide variety of contracting contexts. Furthermore, most countries, including the United States, strictly enforce...
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Crossing the Great Sexual Divide: Transsexuals Seeking Redress under Title VII of the Civil Rights Act of 1964
INTRODUCTIONIt might surprise one to learn that man's scientific achievements in the twentieth century far exceeded those he achieved in all previous centuries combined.1 This is especially true in the field of medicine-where procedures such as organ...
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Disclosure and Disqualification Standards for Neutral Arbitrators: How Far to Cast the Net and What Is Sufficient to Vacate Award
INTRODUCTIONSince the U.S. Supreme Court's decision in Gilmer v. Interstate/Johnson Lane Corp.,1 increasingly more employers require as a term of employment that the prospective or current employee agree to arbitrate any dispute, claim, or controversy...
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Judicial Review and the Limits of Arbitral Authority: Lessons from the Law of Contract
There are two ways to conceptualize the role of an arbitrator. First, we might think of an arbitrator as a private judge, hired by the parties but tasked with performing the same sorts of functions that public judges normally perform: finding facts and...
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Keynote Address
President, Dean and Professor, and colleagues. "Colleagues" because having retired from my position as Chief Justice, I was made a Chartered Arbitrator of the Chartered Institute, which is a great honour. In addition, I went on a course as a mediator...
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Mandatory Court-Annexed Alternative Dispute Resolution in the United States Federal Courts: Panacea or Pandemic?1
INTRODUCTIONIt is almost exactly thirty years since the pivotal American Bar Association-sponsored Pound Conference, which heralded the modern era of alternative dispute resolution ("ADR") in the courts. At that Conference, Professor Frank Sander put...
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Nowhere to Run, Nowhere to Hide: The Impact of Sarbanes-Oxley on Securities Arbitration
Securities arbitration is a "rigged system" that is unfair to investors.-William F. Galvin, Massachusetts secretary of the Commonwealth1INTRODUCTIONA. A Hollow VictoryWe won. For over two years, we won appeal after appeal in the New York state courts...
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Symposium: Transatlantic Perspectives on Alternative Dispute Resolution
INTRODUCTIONOn July 26, 2006, the historic and majestic Old Hall of Lincoln's Inn was the site of the opening reception for the landmark symposium conference, Transatlantic Perspectives on Alternative Dispute Resolution. On the following morning, July...
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Teaching Comparative Perspectives in Mediation: Some Preliminary Reflections
INTRODUCTIONMediation is no longer the stepchild of international dispute resolution practice. Scholars and practitioners recognize its enormous potential as a confidential, cost-saving, time-saving, relationship-enhancing process that gives control...
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The Dwindling Class of "Disabled Individuals": An Exemplification of the Americans with Disabilities Act's Inadequacies in D'angelo V. Conagra Foods, Inc
INTRODUCTIONThe Americans with Disabilities Act of 1990 ("ADA")1 sought to eliminate discrimination in the workplace against individuals with disabilities by creating clear and consistent standards of protection for deserving employees.2 Unfortunately,...
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The Past Coming Back to Haunt Them: The Prosecution and Sentencing of Once Deadly but Now Elderly Criminals
INTRODUCTIONWhen an eighty-year-old man in a wheelchair and on oxygen is wheeled past any citizen on a sidewalk, sympathy for his plight is surely felt.1 When the same man is wheeled into a courtroom to stand trial for the murder of three young men forty...
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The Use of Technology in Arbitration: Ensuring the Future Is Available to Both Parties
INTRODUCTIONAmong the advantages typically given for arbitration are its potential speed and cost benefits over traditional litigation. Yet, it would probably not surprise anyone familiar with the arbitral process that these supposed benefits can be...
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Was Harry Shulman Right?: The Development of Arbitration in Labor Disputes
I. EARLY JUDICIAL RELUCTANCE: WILKO V. SWANIn 1952, a customer brought suit against the partners of a securities brokerage firm under section 12(2) of the Securities Act of 1933 ("Securities Act"),1 alleging misrepresentation.2 The firm moved to stay...
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"We Express No View on This Issue": The Standard of Proof for the Element of Falsity in a New York Public Official/figure Defamation Action
An individual's ability to protect his reputation and good name "reflects no more than our basic concept of the essential dignity and worth of every human being-a concept at the root of any decent system of ordered liberty."1 Defamation law serves an...
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