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Status And Contract In An Emerging Democracy: The Evolution Of Dispute Resolution In Ghana, Paul F. Kirgis
Status And Contract In An Emerging Democracy: The Evolution Of Dispute Resolution In Ghana, Paul F. Kirgis
Faculty Law Review Articles
Ghana is one of the developing world’s success stories. The first sub-Saharan colony to gain independence, it is a stable democracy experiencing sustained economic growth. Yet as Ghana reaches for the material gains of participation in modern commercial life, its dual legal systems—the system of customary adjudication by traditional authorities and the formal court system—have come under increasing pressure. New legal developments have truncated the authority of traditional decisionmakers, while an overburdened court system lacks the resources to fill the resulting adjudicative gaps. To solve the problem, Ghana is now experimenting with a system of quasi-public dispute resolution, including contractual …
Mediation And The Neocolonial Legal Order: Access To Justice And Self-Determination In The Philippines, Eduardo R.C. Capulong
Mediation And The Neocolonial Legal Order: Access To Justice And Self-Determination In The Philippines, Eduardo R.C. Capulong
Faculty Law Review Articles
In this article, the author examines how the process of U.S.-style alternative dispute resolution is unfolding in the Philippines, a former U.S. colony.
Drawing from representative case studies, Part I highlights emerging practices in the global South counter-hegemonic to the fundamentals of U.S.-style mediation.
Part II describes the Philippine community mediation experience, in particular the ideologies, structures, and practices of indigenous dispute resolution, the neighborhood justice system, and court-annexed mediation.
Part III discusses access to justice and self-determination as they relate specifically to community mediation in a postcolonial context.
Using qualitative research the author conducted in the Philippines in 2010, …
Arbitrating Employment Law Disputes, William L. Corbett
Arbitrating Employment Law Disputes, William L. Corbett
Montana Law Review
Arbitrating Employment Law Disputes
Privatizing Antidiscrimination Law With Arbitration: The Title Vii Proof Problem, Stephen A. Plass
Privatizing Antidiscrimination Law With Arbitration: The Title Vii Proof Problem, Stephen A. Plass
Montana Law Review
Privatizing Antidiscrimination Law
Judicial Review And The Limits Of Arbitral Authority: Lessons From The Law Of Contract, Paul F. Kirgis
Judicial Review And The Limits Of Arbitral Authority: Lessons From The Law Of Contract, Paul F. Kirgis
Faculty Law Review Articles
The Supreme Court simply stopped talking about the limits of arbitration as a mechanism for the adjudication of legal rights. Once the Court decided that any and all claims could be arbitrated, it funneled everything into the framework of the FAA, with its contractarian approach to arbitration. While it never expressly declared that arbitration of discrimination claims or consumer fraud claims fit within a contractarian model, as a practical matter, those claims were governed by the same rules that governed traditionally contractarian matters such as labor and commercial disputes. Most notably from my perspective, they all received the same extremely …