Spartan Daily, September 16, 1980

Volume 75, Issue 11https://scholarworks.sjsu.edu/spartandaily/6647/thumbnail.jp

Spartan Daily, December 9, 1997

Volume 109, Issue 68https://scholarworks.sjsu.edu/spartandaily/9215/thumbnail.jp

Before You Log-On: Incorporating the Free Web in Your Legal Research Strategy

In 2006, the American Bar Association (ABA) published its Legal Technology Survey Report, which included a volume on Online Research. In the report, attorneys responded that 91% are conducting at least some of their research online. Though 39% report that they start their research using a fee-based service like Westlaw or Lexis, the report shows that even those who start their research with a fee-based resource eventually get it right-87% of attorneys report using some free online resources at some point over the course of a research project

An Evaluation of the New York State Workers’ Compensation Pilot Program for Alternative Dispute Resolution

In 1995, the State 0f New York enacted legislation authorizing the establishment of a workers\u27 compensation alternative dispute resolution pilot program for the unionized sector of the construction industry. Collective bargaining agreements could establish an alternative dispute resolution process for resolving claims (including but not limited to mediation and arbitration), use of an agreed managed care organization or list of authorized providers for medical treatment that constitutes the exclusive source of all medical and related treatment, supplemental benefits, return-to-work programs, and vocational rehabilitation programs. The legislation also directed the School ofIndustrial and Labor Relations at Cornell University (ILR) to evaluate compliance with state and federal due process requirements provided in the collective bargaining agreements authorized by this act, and the use, costs and merits of the alternative dispute resolution system established pursuant to this act. In response to this legislative mandate, ILR reviewed the research previously conducted on alternative dispute resolution (ADR), generally, and in workers\u27 compensation. This included examining the purported advantages and disadvantages of ADR, the prevalence of ADR, and published statistical or anecdotal evidence regarding the impact of ADR. ILR created a research design for claimant-level and project-level analyses, and developed data collection instruments for these analyses that included an injured worker survey for ADR claimants and claimants in the traditional (statutory)workers\u27 compensation system, an Ombudsman\u27s log, a manual of data elements pertaining to ADR and comparison group claimants, and interview questions for ADR signatories and other officials. The findings in this report draw upon a comparison of claimant-level, descriptive statistics (averages) for injured workers in the ADR and traditional (statutory) workers\u27 compensation system; the results of more sophisticated, statistical analyses of claimant-level data; and project-level information (including, but not limited to, interviews with ADR signatories and dispute resolution officials)

Spartan Daily, February 7, 1996

Volume 106, Issue 9https://scholarworks.sjsu.edu/spartandaily/8794/thumbnail.jp

Limitation of Sales Warranties as an Alternative to Intellectual Property Rights: An Empirical Analysis of IPhone Warranties’ Deterrent Impact on Consumers

Apple\u27s success with the Apple iPhone has brought with it certain problems. Its success has engendered a community that has attempted to circumvent Apple\u27s exclusive service agreement with AT&T. Unfortunately for Apple (and similarly situated manufacturers), intellectual property law allows consumers to alter their products so as to circumvent relationships that manufacturers may have with others. The patent and copyright law first sale doctrine allows consumers to manipulate a product after it is purchased. As a result, manufacturers are increasingly turning to alternatives to intellectual property to secure control over the device after the sale. One such alternative is the exclusion of warranty under Article 2 of the Uniform Commercial Code. This iBrief considers whether limitation of warranties have the deterrence effect manufacturers desire. Said differently, it considers whether manufacturers can use warranty limitations to prevent consumers from using their products in an unauthorized manner. The iBrief presents a behavioral model based on the Triandis model of planned behavior and enhances the model by accounting for likely and unlikely benefits and detriments. The model suggests that participants weigh the probability and magnitude of the detriment against the probability and magnitude of the beneficial impact when making the decision to engage in technological piracy. This model, considered with other empirical evidence, suggests that Apple\u27s warranty could be a stronger deterrent for consumers than civil liability. The iBrief concludes that manufacturers can better protect their post-sale expectation of profits by raising consumer awareness of their warranty\u27s quality and by raising awareness of the consequences for using the product in a way that is outside the terms of the consumers\u27 authorized use

Rex Randall v. Progressive Insurance Company, Inc. : Brief of Appellee

Appeal from a Grant of Summary Judgment, Civil No. 100903913 Judge Ernest Jone

Spartan Daily, December 9, 1991

Volume 97, Issue 67https://scholarworks.sjsu.edu/spartandaily/8204/thumbnail.jp