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  • Manual Covers a Lot of Ground in International ADR
    Manual Covers a Lot of Ground in International ADR

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    From:ProQuest LLC

    Document Overview:
    Manual of International Dispute Resolution, by Anthony Connerty, is reviewed.
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  • Conflict Management Made Easy
    Conflict Management Made Easy

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    From:ProQuest LLC

    Document Overview:
    The Conflict Survival Kit: Tools for Resolving Conflict at Work, by Cliff Goodwin and Daniel B. Griffith, is reviewed.
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  • TRANSFORMATION OF LAND RIGHTS IN INDONESIA: A MIXED PRIVATE AND PUBLIC LAW MODEL
    TRANSFORMATION OF LAND RIGHTS IN INDONESIA: A MIXED PRIVATE AND PUBLIC LAW MODEL

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    From:ProQuest LLC

    Document Overview:
    A global leader in serving libraries of all types, ProQuest LLC (“ProQuest”) supports the breadth of the information community with innovative discovery solutions that power the business of books and the best in research experience. More than a content provider or aggregator, ProQuest is an information partner, creating indispensable research solutions that connect people and information. Through innovative, user-centered discovery technology, ProQuest offers billions of pages of global content that includes historical newspapers, dissertations, and uniquely relevant resources for researchers of any age and sophistication—including content not likely to be digitized by others.
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  • JOHNNIE'S POULTRY - STILL KOSHER
    JOHNNIE'S POULTRY - STILL KOSHER

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    From:ProQuest LLC

    Document Overview:
    Employee interrogation is always a situation fraught with perils for potential interrogators. Cooperation by potential witnesses is often by compulsion only. This article will try to shed some light on pitfalls in the process and how to minimize them. Johnnie's Poultry has been the lynchpin for employee interrogations for almost fifty years. In its classic formulation on employee interrogation, Johnnie's Poultry, 146 N.L.R.B. 770 (1964), the National Labor Relations Board (NLRB) identified the parameters of appropriate and inappropriate conduct in questioning employees. Johnnie's Poultry itself devolved from an organizational campaign and underlying inquiry regarding authorization cards. In A&R, the Court of Appeals paid homage to Johnnie's Poultry and said that the interrogation standards set forth in Johnnie's Poultry are relevant in determining whether an interview was coercive and thus violative of Section 8(1)(1).
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  • TRANSPORTATION ANTI-INDEMNITY STATUTES
    TRANSPORTATION ANTI-INDEMNITY STATUTES

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    From:ProQuest LLC

    Document Overview:
    Motor carrier related anti-indemnity statutes from the point of view of the motor carrier will be discussed in three parts with an introduction. First, a survey of their general survey and scope. Second, the applicability of the statute to a contract dispute generally. Third, the potential scope of the statute. From a motor carrier's point of view, the problem usually arises when its driver is injured on a shipper's or terminal's premise and then sues the shipper or terminal alleging their negligence. The defendant then tenders the defense and indemnity to the motor carrier pursuant to contractual indemnity agreement. [PUBLICATION ABSTRACT]
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  • Conflicting ARBITRATION CLAUSES and the
    Conflicting ARBITRATION CLAUSES and the "Battle of the Forms"

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    From:ProQuest LLC

    Document Overview:
    The "battle of the forms" refers to disputes involving conflicting provisions in the offer and acceptance, or in succeeding iterations of an agreement between the parties. In everyday business, parties send out contract forms without ever reading the boilerplate terms. Variances in those terms will not become apparent as long as each party respects and fulfills its duties under the contract. A problem arises only if one party believes that the other party has breached the contract and decides to seek relief under its form. Conflicting arbitration clauses can result in four scenarios: 1. The parties exchange offers and acceptances that both contain non-identical arbitration clauses. 2. The offer does not contain an arbitration clause but the acceptance does. 3. The parties change the arbitration clause in succeeding contracts. 4. A single form contains more than one arbitration or dispute resolution clause. This article discusses how these problems are addressed under arbitration law, common law contract principles and Article 2 of the Uniform Commercial Code (UCC).
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  • Clarifying the Article 138 Complaint Process
    Clarifying the Article 138 Complaint Process

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    From:ProQuest LLC

    Document Overview:
    Making a Complaint A Soldier who requests redress and has been refused a remedy or did not receive a response within fifteen days may submit an Article 138 complaint.10 As with the request for redress, AR 27-10 contains example Article 138 complaints that may be used by the Soldier and his counsel.11 The complaint should be in writing and include all pertinent information such as the identity of the commanding officer being complained against, the dates a written request for redress was submitted and denied, a concise description of the wrong, and any remedy sought.12 The Soldier has ninety days from the time of the perceived wrong to submit an Article 138 complaint.13 The complaint should be submitted to the respondent-commander's immediate superior commissioned officer.14 Therefore, if the respondent-commander is the Soldier's company commander, the Soldier should submit the Article 138 complaint to his battalion commander.
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  • EMPLOYMENT AT-WILL
    EMPLOYMENT AT-WILL

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    From:ProQuest LLC

    Document Overview:
    The doctrine of employment at-will emerged as the predominant rule in wrongful discharge cases in America during the latter part of the 19th century. This doctrine states that the business should have the freedom to discharge or retain employees at-will for good cause, for no cause, or even for bad cause, without thereby being guilty of an unlawful act. It is a right which an employee may exercise in the same way, to the same extent, for the same cause or want of cause as the employer. In essence, the doctrine recognizes that the wage owner's the full owner of his labor services, and the business the full owner of his capital. Each is free to exchange on whatever terms they see fit. Thus, the doctrine of employment at-will is well established in the American legal system. In recent years, however, this doctrine has been eroding. Many employers now find that the legal environment relative to the right to fire is confusing and ripe with potential liability. In essence, employment at-will - - - a term that is music in the ears of most employers - - - is under attack. This paper seeks to address the solvency of the employment at-will doctrine in the state of Mississippi. Recent court cases and rulings will be addressed to determine and suggest the direction and longevity of this doctrine. [PUBLICATION ABSTRACT]
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  • Lessons from the Silver Screen: Must-See Movies for Military Lawyers
    Lessons from the Silver Screen: Must-See Movies for Military Lawyers

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    From:ProQuest LLC

    Document Overview:
    Book reviews steer readers toward literature that enhances professional development, provides information on a novel area of law, or provokes thought concerning legal, political, or ethical issues. First on the list is a military courtroom drama with a twist-this time, the judges are the accused.
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  • HOW TO WIN YOUR ARBITRATION CASE BEFORE THE HEARING EVEN STARTS
    HOW TO WIN YOUR ARBITRATION CASE BEFORE THE HEARING EVEN STARTS

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    From:ProQuest LLC

    Document Overview:
    Most advocates, upon receiving an arbitration award, turn immediately to the last page to see if they have won or lost. But a complete victory in arbitration means more than receiving an award that says "Grievance sustained" or "Grievance denied." Labor arbitration was promised to be a superior method for resolving disputes than traditional courtroom litigation. Arbitration was supposed to be cheaper, quicker, and friendlier. But, in recent years, it has come to resemble the litigation model it was intended to supplant. This article explores some ways that the parties can arrange to conduct the arbitration in a way that, regardless of the outcome of the case, delivers the outcome as efficiently, swiftly, and amicably as possible. One of the simplest ways to streamline the process is to facilitate communication between parties and arbitrator. The more professional you appear at the hearing, the more confidence the arbitrator will have in your representations and your arguments.
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  • EMPLOYEE AGREEMENTS FOR REPAYMENT OF TRAINING COSTS: THE EMERGING CASE LAW
    EMPLOYEE AGREEMENTS FOR REPAYMENT OF TRAINING COSTS: THE EMERGING CASE LAW

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    From:ProQuest LLC

    Document Overview:
    Agreements requiring employees to repay training costs to their employers, if they separate from employment before a specified period, have become increasingly familiar in the American workplace. The types of training that are potentially subject to repayment commitments can vary significantly. One source of potential constraints on repayment agreements is the law of restrictive covenants. Typically, such covenants temporarily prohibit employees from competing, post-termination, with their former employers. Another question frequently arising in litigation concerning repayment agreements, is whether the stipulated recoupment amount qualifies as an appropriate measure of damages under contract law for the breach of the service requirement. In cases involving mandatory training and assumption of repayment obligations, employees predictably have raised defenses on the basis of duress and unconscionability. One of the thorniest issues in the law of repayment agreements concerns whether the repayment obligation has any impact on the employee's entitlement to ongoing employment.
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  • Contract Changes
    Contract Changes

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    From:ProQuest LLC

    Document Overview:
    "10 During contract performance, the contractor failed to complete the project by the completion date.11 Although the parties modified the contract to adjust the contract completion date to 1 July 2004, the contractor did not complete the project until 19 November 2004.12 Since Trawick completed the project after the completion date, the government assessed liquidated damages by retaining progress payments in the amount of $98,394.13 On 4 April 2005, Trawick contacted the contracting officer stating that the contracting officer had improperly assessed liquidated damages.14 As such, the contractor stated that it was due the entire contract price.15 Two months later, Trawick revised its earlier contention by informing the contracting officer that the government owed it a lesser amount of $68,394 in progress payments and further that Trawick owed the government only $30,000 in liquidated damages.16 Trawick based its contention on its allegation that the contracting officer orally agreed that the contractor owed the government only $68,394 (vice $98,394) in liquidated damages.17 On 29 June 2005, Trawick filed a proper claim with the contracting officer for the differing amount of $68,394 that the government was retaining as liquidated damages.18 The contracting officer denied the claim.19 The contractor then filed an appeal with the ASBCA.20 The government argued that it properly assessed liquidated damages in the amount of $98,394.21 Further, the government issued a written modification to the contract on 8 July 2005 articulating that the contractor owed this amount in liquidated damages.22 Moreover, the government argued that there was no oral agreement to reduce the amount of liquidated damages and even if there had been such an agreement, oral contract modifications are unenforceable.23 Finally, the government moved for summary judgment contending that the government should prevail as a matter of law.24 After examining both parties' arguments, the ASBCA was unpersua
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  • NATIONAL ORGAN TRANSPLANT ACT'S BAN ON BONE MARROW DONATION COMPENSATION: LEGAL COMPENSATION TO CREATE A LIFE, BUT NOT TO SAVE A LIFE
    NATIONAL ORGAN TRANSPLANT ACT'S BAN ON BONE MARROW DONATION COMPENSATION: LEGAL COMPENSATION TO CREATE A LIFE, BUT NOT TO SAVE A LIFE

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    From:ProQuest LLC

    Document Overview:
    In 1984, Congress passed The National Organ Transplant Act ("NOTA"), 42 USC 274e, banning compensation for the donation and receipt of human organs. This note argues that this piece of legislation is sorely outdated and the continued ban on bone marrow donation compensation no longer serves NOTA's stated purposes. Part I of this note briefly discusses the background of NOTA and several recent scientific and legal developments in the field of bone marrow donation. Part II sets forth the policy and legal arguments for why the continued ban on bone marrow compensation is illogical, outdated, and possibly even unconstitutional. Part III discusses the benefits and potential problems of three possible solutions to deal with remaining ethical issues that would exist if Congress were to legalize bone marrow compensation, and concludes that government regulation and procurement is the optimal solution.
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  • ABUSIVE: DODD-FRANK SECTION 1031 AND THE CONTINUING STRUGGLE TO PROTECT CONSUMERS
    ABUSIVE: DODD-FRANK SECTION 1031 AND THE CONTINUING STRUGGLE TO PROTECT CONSUMERS

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    From:ProQuest LLC

    Document Overview:
    On Jul 21, 2011, the Consumer Financial Protection Bureau ("Bureau" or "CFPB") stood up and gazed over a fragmented and ineffective regulatory landscape. Originally proposed only in 2007, the Bureau was ushered into the US Code via Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act with remarkable speed in response to a remarkable crisis. What Congress's desire to protect consumers lacked in novelty was more than made up for by the unique and necessary powers granted to the Bureau to secure the dangerous wilderness of the consumer credit market. The crux of Congress's power grant lies in Section 1031. This note first contextualizes the need for Section 1031 by examining the roots and shortcomings of existing consumer protection law embodied in unfairness, deception, and unconscionability doctrines. Part II chronicles the enactment of Section 1031. Part III applies the enacted definition of "abusive" to several widespread practices in the consumer credit market, and urges the CFPB to adopt a broad interpretation of the term as consistent with Congress's longstanding intent to protect consumers.
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  • REVERSE PIERCING OF THE CORPORATE VEIL: A STRAIGHTFORWARD PATH TO JUSTICE
    REVERSE PIERCING OF THE CORPORATE VEIL: A STRAIGHTFORWARD PATH TO JUSTICE

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    From:ProQuest LLC

    Document Overview:
    When a corporation is used as a shield for liability or for an illegitimate business purpose, courts will exercise their equitable power in applying the "equally fundamental principle" of piercing the corporate veil. Piercing the corporate veil allows one to puncture the "veil" of limited liability in order to hold a shareholder liable for the corporation's conduct. Because of the competing interests that reverse piercing implicates, this note proposes that the doctrine be permitted against both legal and equitable owners, but only when traditional, less intrusive remedies are insufficient. Part I discusses both traditional and outside reverse veil piercing. Part II discusses the arguments for and against the various methods of outside reverse piercing through a case law analysis. Finally, Part III advances a solution that safeguards the interests of all involved parties by first identifying the shortcomings of more traditional remedies and then proposing a new approach.
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