Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Schulich School of Law, Dalhousie University (9)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (9)
- University of Missouri School of Law (8)
- Singapore Management University (6)
- University of Pennsylvania Carey Law School (6)
-
- University of Georgia School of Law (3)
- Mitchell Hamline School of Law (2)
- Osgoode Hall Law School of York University (2)
- Pace University (2)
- Saint Louis University School of Law (2)
- University of Colorado Law School (2)
- University of Michigan Law School (2)
- University of Nebraska - Lincoln (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- William & Mary Law School (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Cornell University Law School (1)
- Duke Law (1)
- Georgetown University Law Center (1)
- Northwestern Pritzker School of Law (1)
- Penn State Law (1)
- Southern Methodist University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- UC Law SF (1)
- University of Florida Levin College of Law (1)
- University of Massachusetts Boston (1)
- University of Montana (1)
- Keyword
-
- Dispute resolution (14)
- Arbitration (10)
- Mediation (9)
- Dispute Resolution (6)
- Courts (4)
-
- Litigation (4)
- Globalization (3)
- Negotiation (3)
- Settlement (3)
- ADR (2)
- Alternative dispute resolution (2)
- Commercial Law (2)
- Comparative and Foreign Law (2)
- Confidentiality (2)
- Employment law (2)
- International (2)
- International Law (2)
- International Trade (2)
- Jurisdiction (2)
- Justice, Administration of (2)
- Practice and Procedure (2)
- Privacy (2)
- Technology (2)
- Transparency (2)
- Abramson (1)
- Absence (1)
- Accommodate (1)
- Admissibility (1)
- Allowance (1)
- Anchoring (1)
- Publication
-
- Faculty Publications (10)
- All Faculty Scholarship (8)
- Innis Christie Collection (8)
- Nevada Supreme Court Summaries (8)
- Research Collection Yong Pung How School Of Law (6)
-
- Faculty Scholarship (5)
- Scholarly Works (4)
- Articles & Book Chapters (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Lisa PytlikZillig Publications (2)
- Publications (2)
- Vanderbilt Law School Faculty Publications (2)
- Working Paper Series (2)
- Articles (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- Cornell Law School Inter-University Graduate Student Conference Papers (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Law Review Articles (1)
- Faculty Working Papers (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Articles (1)
- LLM Theses and Essays (1)
- Massachusetts Office of Public Collaboration Publications (1)
- Other Publications (1)
- UF Law Faculty Publications (1)
Articles 61 - 74 of 74
Full-Text Articles in Entire DC Network
Aggregation On The Couch: The Strategic Uses Of Ambiguity And Hypocrisy, Stephen B. Burbank
Aggregation On The Couch: The Strategic Uses Of Ambiguity And Hypocrisy, Stephen B. Burbank
All Faculty Scholarship
In this Essay, Professor Burbank comments on the essays by Professors Nagareda and Issacharoff. Welcoming the opportunity to revisit the interplay between procedure and substantive law and the question of democratic accountability that Professor Nagareda’s essay presents, Professor Burbank concludes that the parts of that essay are greater than the whole. He finds that Professor Nagareda’s pursuit of unifying themes and a general normative theory leads to inconsistencies in classification between procedure and substance and to an impoverished vision of institutional legitimacy. Professor Burbank voices concern that this quest, which is also evident in the current draft of the American …
The Tuna Court: Law And Norms In The World's Premier Fish Market, Eric Feldman
The Tuna Court: Law And Norms In The World's Premier Fish Market, Eric Feldman
All Faculty Scholarship
Legal scholars have long emphasized the corrosive impact of conflict on long-term commercial and interpersonal relationships. To minimize the negative consequences of such conflict, members of close-knit groups who anticipate future interactions create ways of resolving their disputes with reference to internal group norms rather than relying on state-mandated legal rules. From farmers in California’s Shasta County to jewelers in midtown Manhattan and neighbors in Sanders County, the literature describes people who create norms of conflict management that are faster and less expensive than relying on formal law, and lessen the harm that conflict causes to their relationships. This article …
Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander
Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation has grown rapidly in many Anglophone jurisdictions such as USA, Australia, Canada, New Zealand and England. The current state of mediation practice in many of these jurisdictions can be traced back to the establishment of community justice centres in the 1970s and 1980s. Mediation is practised in the private sector as well as in a wide range of court-referred programs. In many common law jurisdictions mediation is no longer a form of alternative dispute resolution, it has become primary dispute resolution.
Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson
Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson
Scholarly Works
This article was originally published as Selecting Mediators and Representing Clients in Cross-Cultural Disputes, 7 CARDOZO J. CONFLICT RESOL. 253 (2006).
Designer Trials, Elizabeth G. Thornburg
Designer Trials, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
This article considers the intersection of freedom of contract and the trials that have not vanished. Could contracting parties effectively agree in advance of a dispute that any litigation of the case will comply with certain rules? Would such an agreement be enforced even in a contract of adhesion? If so, parties with sufficient bargaining leverage could design away many of the characteristics of litigation that they find unappealing, without the need to resort to private processes. The result: a designer trial with the procedural deck stacked in favor of the party with the greatest pre-dispute bargaining power.
Such a …
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Lisa Vollendorf Martin, Kay Pak, Sue Shin
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Lisa Vollendorf Martin, Kay Pak, Sue Shin
Georgetown Law Faculty Publications and Other Works
This report discusses the findings of a Georgetown Law International Women’s Human Rights Clinic fact-finding team that traveled to Ghana, Africa in March 2003 to investigate domestic violence. The report reviews the contours of the domestic violence problem in Ghana and outlines the ways in which Ghanaian law and procedure was insufficiently addressing the problem at the time. Its chief findings include that the Ghanaian laws existing in 2003 inadequately punished perpetrators and protected victims of domestic violence and that court and police enforcement of the existing law was lacking, including because the government was allowing the removal of domestic …
How To Deal With Multi-Party Nominations Of Arbitrators In International Commercial Arbitration - A Comparative Study Of Appointment Procedures With Emphasis On U.S.-European Commerce Between Private Entities, Marie-Beatrix Tupy
LLM Theses and Essays
The nomination procedure for the Arbitral Tribunal in commercial arbitration is one of the crucial points in the arbitral procedure. Parties have to have in mind the provisions of the New York Convention regarding the setting aside of an award in case of a failure during the nomination procedure of the tribunal. Besides from the famous Dutco case on multi-party arbitrations and their nomination procedures have received highest interest within the international arbitral world. As the thesis will comparatively show, all major arbitral institutions have updated their Rules, countries have even rendered new legislation with respect to the nomination procedure …
Anchoring, Information, Expertise, And Negotiation: New Insights From Meta-Analysis, Chris Guthrie, Dan Orr
Anchoring, Information, Expertise, And Negotiation: New Insights From Meta-Analysis, Chris Guthrie, Dan Orr
Vanderbilt Law School Faculty Publications
In this article, we conduct a meta-analysis of studies of simulated negotiations to explore the impact of an initial "anchor," typically an opening demand or offer, on negotiation outcomes. We find that anchoring has a significant impact on the deals that negotiators reach. We also explore whether negotiator experience and the information environment mitigate the influence of anchoring. We conclude by offering prescriptive advice, both "offensive" and "defensive," to negotiators.
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Articles
My first visit to China, in 1994, was purely as a tourist, and came about almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October I was scheduled to begin teaching a one-term course in American law as a visiting professor at Cambridge University in England. Despite my hazy notions of geography, I realized it made no sense to return to the United States for the intervening week. The obvious solution was to continue flying …
The Naa Agora: What's Right With Labor Arbitration…And How To Keep It That Way., Theodore J. St. Antoine
The Naa Agora: What's Right With Labor Arbitration…And How To Keep It That Way., Theodore J. St. Antoine
Other Publications
Now it’s time for all of us to step into the Agora, the National Academy’s marketplace of ideas. Leading the discussion this morning and introducing the members of the First Circle will be Professor Roger Abrams. Roger’s not on the stage right now, for reasons that will become obvious in just a moment. By way of introduction, Roger, of course, is a National Academy member. He is the Richardson Professor of Law at Northeastern University Law School; and currently he is a visiting Professor of Law at Harvard Law School. Roger is the former dean of Northeastern Law, of Rutgers …
The Effect Of Forum Selection Clauses On District Courts’ Authority To Compel Arbitration, Thomas V. Burch, John W. Hinchey
The Effect Of Forum Selection Clauses On District Courts’ Authority To Compel Arbitration, Thomas V. Burch, John W. Hinchey
Scholarly Works
This is a short piece written for the AAA's Dispute Resolution Journal on two competing provisions in Section 4 of the FAA. One provision tells district courts to compel arbitration in accordance with the parties' agreement, including any forum selection clause. The other says that the court can compel arbitration only within its own territory. This, of course, creates a problem when the forum selection clause calls for arbitration in another jurisdiction. This short article addresses the conflict, showing how courts tend to rule on the issue (as of 2006).
Origin, Scope, And Irrevocability Of The Manifest Disregard Of The Law Doctrine: Second Circuit Views, Christian Turner, Joshua Ratner
Origin, Scope, And Irrevocability Of The Manifest Disregard Of The Law Doctrine: Second Circuit Views, Christian Turner, Joshua Ratner
Scholarly Works
After arbitration has occurred, parties may seek judicial enforcement of the arbitral award, converting the private determination into an enforceable judgment. Parties that did not prevail in the arbitration may, at the same time, seek to have the arbitral award vacated. This article concerns the doctrine that permits courts to vacate an arbitral award when the arbitrators “manifestly disregarded” the law, focusing on recent developments in the Second Circuit. Despite the exceedingly deferential scope of this doctrine, the Second Circuit has actually vacated a handful of arbitrations on grounds of manifest disregard, and the doctrine is routinely raised by litigants. …
After Basic Mindfulness Mediation: External Mindfulness, Emotional Truthfulness, And Lie Detection In Dispute Resolution, Clark Freshman
After Basic Mindfulness Mediation: External Mindfulness, Emotional Truthfulness, And Lie Detection In Dispute Resolution, Clark Freshman
Faculty Scholarship
No abstract provided.
A Price Theory Of Legal Bargaining: An Inquiry Into The Selection Of Settlement And Litigation Under Uncertainty, Robert J. Rhee
A Price Theory Of Legal Bargaining: An Inquiry Into The Selection Of Settlement And Litigation Under Uncertainty, Robert J. Rhee
UF Law Faculty Publications
Conventional wisdom says that economic surplus is created when the cost of litigation is foregone in favor of settlement, a theory flowing from the Coase Theorem. The cost-benefit analysis weighs settlement against the expected value of litigation net of transaction cost. This calculus yields the normative proposition that settlement is a superior form of dispute resolution and so most trials are considered errors. While simple in concept, the prevailing economic model is flawed. This article is a theoretical inquiry into the selection criteria of settlement and trial. It applies principles of financial economics to construct a pricing theory of legal …