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During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed legislation, and populist sentiments are important and obviously can result in significant changes. But many of the criticisms leveled at arbitration can be addressed and, most...
Persistent link: https://www.econbiz.de/10014177067
This is the first and only casebook geared entirely to the study of access to government, or freedom of information law, in the United States. Unlike other treatments that focus exclusively on the federal FOIA or on statutory FOI, this book takes a broader approach, recognizing that...
Persistent link: https://www.econbiz.de/10014084527
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There is great fragility in the maintenance of civil discourse. History tells us that it can, and will, fracture, counseling vigilance in its defense. And, that commitment requires revisiting from time to time valuable insights from great minds of the past who have pondered why civil discourse...
Persistent link: https://www.econbiz.de/10013295084
This article reviews the decisions of the U.S. Supreme Court for the 2007-2008 Term that are of particular relevance to state and local governments including those involving voting and elections, speech, class-of-one equal protection claims, immunity, taxation, preemption, and the Fourth and...
Persistent link: https://www.econbiz.de/10012764937
From produce to wine, we only consume things when they are ready. The courts are no different. That concept of "readiness" is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to...
Persistent link: https://www.econbiz.de/10013095893
This paper examines school finance in Wisconsin. The focus is on school finance efforts following World War II with particular emphasis on the 1960's and early 1970's. Several themes run throughout: activist lawyers and judges may be conservative or liberal, efforts at financial equalization are...
Persistent link: https://www.econbiz.de/10014055878
This article concerns the Lakeland Health case and the employer's to re-classify licensed practical nurses (LPNs), from protected employees to statutory supervisors, so as to remove them from employee protections afforded by the National Labor Relations Act (NLRA). Under NLRA law, the article...
Persistent link: https://www.econbiz.de/10012927903
In the book, some 25 authors report on the implementation of the ECHR in their respective countries, including questions of ratification and implementation in law, awareness by legal professionals, inclusion in the curricula of law schools, practice of the courts, cases brought to Strasbourg,...
Persistent link: https://www.econbiz.de/10014175008
This Article examines the scope of Sorrell v. IMS Health, its potential impact on legislative efforts to enact comprehensive consumer privacy legislation, and its implications for targeted Internet advertising. Part I provides a general overview of ad-targeting technology, emphasizing the...
Persistent link: https://www.econbiz.de/10013105568