Based on 300 hours of interviews with coaches, athletic directors, student-athletes, and NCAA officials, Undue Process examines the NCAA's system of "justice" -- the organization's history and its growth in power over the years, the lack of due process for its accused, its guilty-until-proven-innocent attitude, and its 100 percent conviction rate.
Why do autocrats hold political trials when outcomes are presumed known from the start? Focusing on sub-Saharan Africa since independence, this book provides insight into the role of judiciaries in authoritarian regimes: how courts can be used to repress political challengers, institutionalize punishment, and undermine the rule of law.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
In the early 1960s, a remarkable crop of students graduated from a small New York City school renowned for progressive pedagogy and left-wing politics: Little Red School House and Elisabeth Irwin High School. These young people entered college at the peak of the transformative era we now call The Sixties, and would go on to impact the course of United States history for the next half century. Among them were Angela Davis, the brilliant, stunning African American Communist and academic who became the face of the Black Power movement; Tom Hurwitz, Students for a Democratic Society (SDS) activist and cinematographer who played a key role in the occupation of Columbia University; and Elliott Abrams, who rebelled against the leftist political orthodoxies of the school and of the times, and ultimately played key roles in the Reagan administration, the George W. Bush administrations and the neoconservative movement. In Little Red, based on extensive original interviews and archival research, Dina Hampton tells the compelling, interwoven life stories of these three schoolmates. Their tumultuous, divergent, public and private paths wind through the seminal events and political conflicts of recent American history, from the civil rights movement to the Vietnam War; the Summer of Love to the feminist uprising; Iran-Contra to Occupy Wall Street. As they pursue political ends, each of their lives will be shaped by events, relationships and social changes they never imagined. Their successes and setbacks will resonate with anyone who has struggled to reconcile the utopian goals of The Sixties -- or of youth itself -- with the realities of day-to-day life in the world as it is. Today, a new generation is taking to the streets, galvanized by controversial wars and social and economic inequities as troubling as those we faced in the 1960s. The stories of Angela, Tom and Elliott serve as both road map and cautionary tale for anyone engaged in that most American of acts -- trying to perfect the world.
In History Ahead, Utley and Beeman introduce readers to the famous (Charles Lindbergh, Will Rogers, The Big Bopper and jazz great Charlie Christian) and the not-so-famous (Elmer "Lumpy" Kleb, Don Pedro Jaramillo and Carl Morene, the "music man" of Schulenburg) who have left their marks on the history of Texas. They visit cotton gins, abandoned airfields, forgotten cemeteries, and former world War II alien detention camps to dig up the little-known and unsuspected narratives that have slipped from the knowledge of the general public.