At the crossroads; seen as a shortcut in mass tort cases, the ADR highway has become a rockier road because of constitutional and fairness issues
Article Abstract:
Alternative dispute resolution (ADR) seems to supporters of this method to be the only fair and effective way to dispose of the thousands of individual claims which can flow from a single mass tort action. They argue that standard courts lack sufficient time and judicial personnel to deal with these actions, also that individual judicial decisions on claims costs unnecessary money and that such money could go to plaintiffs. Critics contend that ADR deprives plaintiffs of due process and that its use is thinly disguised tort reform.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
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Agenda augurs lively debate; death penalty, domestic violence on the table for San Antonio midyear meeting
Article Abstract:
The 58th ABA midyear meeting will take place in San Antonio, TX, and will cover topics including a proposed moratorium on the death penalty and the organization's policy on domestic violence. The Litigation Section and the Section of Individual Rights and Responsibilities will recommend the death penalty moratorium until it devises policies to ensure fair administration of the punishment. The Commission on Domestic Violence is to seek delegate approval of an update of its 1978 policy.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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Lucas deserved better; what should have had a happy ending - foster parents adopting the children they had taken into their home - turned into a nightmare of abuse, neglect and death
Article Abstract:
The death in Florida of Lucas Ciambrone due to longtime child abuse is an example of the child welfare system permitting adoption by foster parents unfit for the task. The department allowed the Ciambrones to become foster and later adoptive parents despite serious misgivings expressed by medical officials, school officials and neighbors, and some welfare workers.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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- Abstracts: When an earnout is to be used in an acquisition, the parties must resolve the accounting, tax and securities issues involved
- Abstracts: Beat the clock. Watch out for the tax attack; when it comes to capital gains, procrastination can be a virtue
- Abstracts: Facilitated negotiation; an effective ADR technique. Facilitating construction negotiations. Partnering; a commitment to common goals
- Abstracts: The bought deal: the edge of the shelf? Recent capital-raising reform activities: official and public responses to the Task Force and Advisory Committee proposals
- Abstracts: Nourishing the profession; report on professionalism calls for ethics training, civility rules in court. part 2