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Articles 1 - 30 of 702
Full-Text Articles in Entire DC Network
Plaintiffs' Process: Civil Procedure, Mdl, And A Day In Court, Elizabeth Chamblee Burch, Abbe R. Gluck
Plaintiffs' Process: Civil Procedure, Mdl, And A Day In Court, Elizabeth Chamblee Burch, Abbe R. Gluck
Scholarly Works
The article focuses on the concept of "plaintiffs process" within the field of civil procedure. It discusses how civil procedure doctrine has traditionally been defendant-centric, focusing on the rights and protections of defendants in legal cases. It examines the role of multidistrict litigation (MDL) in this context and how it impacts plaintiffs rights and access to the courts.
Commercial Mediation In Mainland China: Pitfalls & Opportunities, Meng Chen
Commercial Mediation In Mainland China: Pitfalls & Opportunities, Meng Chen
Pepperdine Dispute Resolution Law Journal
This article offers insight into the practice of Chinese mediation, especially in resolving commercial disputes, considering the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) entered into force on September 12, 2020. First, this article evaluates the attractiveness, vulnerabilities, and popularity of mediation as a means of dispute resolution. The article then introduces the Chinese model of using mediation to resolve commercial disputes, specifically in judicial and arbitral proceedings. Based on empirical data and rules analysis, this article concludes with the benefits of using mediation in China to resolve disputes and exposes a discrepancy between …
From Law And Literature To Legality And Affect, Peter Goodrich
From Law And Literature To Legality And Affect, Peter Goodrich
Faculty Articles
Goodrich reviews From law and literature to legality and affect, by Greta Olson, Oxford:Oxford University Press, 2022, ix 230 pp., £60 (hardback).
Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong
Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong
Research Collection Yong Pung How School Of Law
The new Rules of Court 2021 seek to provide a more accessible and efficient justice system. The extensiveness of the overhaul, however, brings with it as much unfamiliarity as excitement. This legislation comment examines the changes in the provisions governing service out of jurisdiction and argues that the textual changes also effect substantive changes to how the law is applied. This comment also explores the related issues on the grant of Mareva injunctions in aid of foreign proceedings under the new Rules of Court 2021.
Selected Dispute Resolution Bibliography, Shannon Moldaver, Trevor C. W. Farrow
Selected Dispute Resolution Bibliography, Shannon Moldaver, Trevor C. W. Farrow
Articles & Book Chapters
Included in this bibliography is a selected set of dispute resolution and related professional responsibility and access to justice readings, primarily (although not exclusively) with a general negotiation and mediation focus. This bibliography is not comprehensive. Rather – given the breadth of dispute resolution, legal process, professional responsibility, and access to justice materials available – this bibliography includes a brief sampling of available readings that may be of interest to those studying, practicing, or thinking about dispute resolution.
Learning From The Lived Experiences Of African American Senior Executives In Fortune 500 Organizations: A Transcendental Phenomenological Study Of Black Corporate Trailblazers, Otis G. Jarvis
Department of Conflict Resolution Studies Theses and Dissertations
African American Senior Executives (AASE) exist as a group of American citizens who hold senior management roles in Fortune 500 organizations. AASE members are responsible for decision-making in a diverse number of industries but represent a small group of leaders in Fortune 500 organizations. The purpose of this qualitative transcendental phenomenological study was to examine the lived experiences of AASE in a Fortune 500 organization in the United States. The qualitative study examined through semi-structured interviews the experiences of eleven senior executives in Fortune 500 organizations in the United States. This phenomenological study examined how the lived experience of each …
Litigation With Negative Expected Value Suits: An Experimental Analysis, Cary Deck, Paul Pecorino, Michael Solomon
Litigation With Negative Expected Value Suits: An Experimental Analysis, Cary Deck, Paul Pecorino, Michael Solomon
ESI Working Papers
The existence of lawsuits providing plaintiffs a negative expected value (NEV) at trial has important theoretical implications for signaling models of litigation. The signaling equilibrium possible absent NEV suits breaks down with NEV suits because plaintiffs do not have a credible threat to proceed to trial undermining the ability to signal type. Using a laboratory experiment, we analyze behavior with and without the possibility of NEV suits. Absent NEV suits, behavior largely follows predicted patterns. However, the possibility of NEV suits does not cause the signaling equilibrium to unravel and does not cause the dispute rate to increase. Plaintiffs only …
Divorcing Partners And Fighting Siblings: Using The Collaborative Law Model To Resolve Disputes In Family Businesses, Hayley R. Goodman
Divorcing Partners And Fighting Siblings: Using The Collaborative Law Model To Resolve Disputes In Family Businesses, Hayley R. Goodman
University of Miami Business Law Review
This paper focuses on the ways that collaborative law can be used to resolve family business disputes. Such disputes can get ugly and leave families and businesses in shambles after years of fighting and even litigation. Such disputes can involve those between divorcing partners, parents and children, extended family members, and new and ex partners. Sometimes, these disputes cannot be resolved, forcing family members to sell all or part of the company. Moreover, when families try to resolve disputes through litigation, they end up spending a lot of money. Mediation is often used to resolve disputes in the family business …
Capitalization Of The Global Green Economy: An Analysis Of South Carolina's Current Foreign Direct Investment Efforts And Suggestions For Continued Sustainability, William E. Hilger
Capitalization Of The Global Green Economy: An Analysis Of South Carolina's Current Foreign Direct Investment Efforts And Suggestions For Continued Sustainability, William E. Hilger
South Carolina Law Review
No abstract provided.
Arbitration With Government, Jack I. Garvey
Arbitration With Government, Jack I. Garvey
Pepperdine Dispute Resolution Law Journal
Arbitration is today increasingly dominant in the affairs of government. As a principal means of alternative dispute resolution, the utility of arbitration has brought it far beyond the confines of private law. The expanding role of arbitration is now broadly evident in agreements with governments and governmental entities at state and federal levels, and in international agreements involving governments. The question this poses for the lawyer working for government, or private parties contractually bound to arbitrate with government, is whether the adoption of arbitration for disputes involving government constitutes a fundamental shift of dynamics requiring a strategic shift in perspective …
Law School News: Class Of 2021 Awards 05-17-2021, Michael M. Bowden
Law School News: Class Of 2021 Awards 05-17-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
The Negotiation Tactics Of Nelson Mandela, Christian Parham
The Negotiation Tactics Of Nelson Mandela, Christian Parham
Global Tides
Nelson Mandela is known across the world for his extraordinary peacemaking skills. This paper examines the negotiation tactics Nelson Mandela used to bring unity to South Africa. It begins with examining his childhood and young adult years to highlight the development of his skills, and then provides a comprehensive review of the negotiations he participated in. It explores the effectiveness of each one and describes lessons that can be received. In so doing, it provides an evaluation of his tactics and concludes with how these lessons can be applied in light of current societal issues.
Subcontractor Claim Management And Dispute Resolution Methods In The State Of California Versus The Province Of British Columbia: A Case Study, Harrison A D Grant
Subcontractor Claim Management And Dispute Resolution Methods In The State Of California Versus The Province Of British Columbia: A Case Study, Harrison A D Grant
Construction Management
In the construction industry, discordance between what is expected versus what is delivered often arises. This disparity is commonly handled using informal negotiation. However, if negotiations fail, then claims and disputes often emerge. Issues involving scope of work, change orders, schedule, and payment can lead to conflicts. Companies try to employ the best alternative dispute resolution method to settle subcontractor claims and disputes without the need for litigation. Speaking with construction professionals in California and British Columbia, a difference in opinion exists as to which method is considered most effective when dealing with subcontractor claims and disputes. In California, the …
Divorce And The Collapse Of The Three-Legged Stool: Setting Servicemembers Up For Success In The Age Of Brs And Covid-19, Kan Samuel
Faculty Scholarship
No abstract provided.
Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker
Time To Panic! The Need For State Laws Mandating Panic Buttons And Anti-Sexual Harassment Policies To Protect Vulnerable Employees In The Hotel Industry, Kristy D'Angelo-Corker
Faculty Scholarship
No abstract provided.
An Analysis Of How Culture Influences The Arbitration Process Used To Resolve Disputes On Construction Projects In Saudi Arabia, Sultan Alsofyani
An Analysis Of How Culture Influences The Arbitration Process Used To Resolve Disputes On Construction Projects In Saudi Arabia, Sultan Alsofyani
School of Engineering, Computing and Mathematics Theses
This study aimed to investigate links between contractual disputes and project cultures in the construction industry of Saudi Arabia. Contractual disputes are those that arise from the contractual relationships binding parties to a particular project, which may broadly be categorised as being between an employer/client and a contractor or between a main contractor and a subcontractor/supplier. Project cultures describe the values, principles, beliefs and behaviours that parties bring into a contractual agreement. For this thesis, the author explored the extent to which the local culture of Saudi Arabia shaped and influenced contractual construction project disputes. The idea was to deepen …
Bibliometric Analysis Of Research Trends On Role Of Dispute Resolution Mechanisms In Family Law Conflicts, Himanshi Parekh, Yogesh Dharangutti
Bibliometric Analysis Of Research Trends On Role Of Dispute Resolution Mechanisms In Family Law Conflicts, Himanshi Parekh, Yogesh Dharangutti
Library Philosophy and Practice (e-journal)
This paper is a bibliometric analysis of research publications in the field of dispute resolution of family matters. The paper analyses the frequency of publications in this arena and identifying the research gaps. The paper utilizes literature published on this subject available at the Scopus database from 2011 to 2020. A total of 59 documents varying from books, chapters, articles, and journals have been extracted and analyzed for the purpose of this study. This data is further analyzed and presented in the forms of tables, maps, graphs, etc using VOSviewer and IMAPBuilder software. The study shows that even though there …
Evolution Of A Field: Personal Histories In Conflict Resolution, Howard Gadlin, Nancy A. Welsh
Evolution Of A Field: Personal Histories In Conflict Resolution, Howard Gadlin, Nancy A. Welsh
DRI Press
This book features 23 chapters written by founders, thinkers, inventors, reformers, disrupters and transformers in the field of conflict resolution, thus allowing readers to explore the field’s real, on-the-ground reasons for being and evolving. The contributors include mediators, facilitators, arbitrators, ombuds, academics, system designers, entrepreneurs, leaders of conflict resolution organizations, researchers, advocates for conflict resolution, and critics of conflict resolution. They share their personal and professional stories as well as the values, aspirations and characteristics of the field that inspired them to become involved in conflict resolution, develop their careers, and both influence and wrestle with the field’s evolution.
Contributors …
Discovering Our Field In Our Stories, Howard Gadlin, Nancy A. Welsh
Discovering Our Field In Our Stories, Howard Gadlin, Nancy A. Welsh
Faculty Scholarship
It’s the people who make a field.
This book draws on the thought-provoking, diverse, delightful, sometimes painful, and ultimately beautiful personal histories of some of the thinkers, inventors, influencers, reformers, disrupters, and transformers who have created—and continue to create—the field of conflict resolution. The authors of the essays in this book play a variety of roles: mediator, facilitator, arbitrator, ombuds, academic, system designer, entrepreneur, leader of public or private conflict resolution organization, researcher, advocate for conflict resolution, critic of conflict resolution. They represent the various waves of people who have populated our field, the founders, the institutionalizers, and the leaders …
Introduction, New Directions In Domestic And International Dispute Resolution, Karen L. Tokarz
Introduction, New Directions In Domestic And International Dispute Resolution, Karen L. Tokarz
Scholarship@WashULaw
This volume, New Directions in Domestic and International Dispute Resolution, continues a growing tradition of cutting-edge scholarship in the field of dispute resolution published by the Washington University Journal of Law and Policy, in collaboration with the Washington University School of Law Negotiation & Dispute Resolution Program. In recent years, the Journal has aspired to become a leading publisher of scholarship on alternative dispute resolution (ADR) and has published many important articles by top legal educators and practitioners in the field.
Dispute Resolution Themes Abound In “Hamilton: An American Musical”, Jill I. Gross
Dispute Resolution Themes Abound In “Hamilton: An American Musical”, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
Robust dispute resolution themes run through Hamilton: An American Musical, Lin Manuel-Miranda's award-winning Broadway play about the United States' first treasury secretary. Many songs in Hamilton revolve around dispute resolution mechanisms that weave throughout Hamilton's life.
Nonpayment Analysis For San Luis Obispo's Small Construction Firms, Connor D. Sullivan
Nonpayment Analysis For San Luis Obispo's Small Construction Firms, Connor D. Sullivan
Construction Management
The role of the small subcontractor often goes under-represented and over looked in the construction world, despite the high portion of the industry that is employed in this sector. This paper attempts to bring a problem that the small subcontractors face, non- and under-payment by its general contractor or owner. At what lengths will a small subcontractor with a very limited resource set go to receive missed payments? How often will they involve attorneys in disputes? Is the continued use of collections agencies worth the commission they charge? The number of subcontractors who will leave large sums of money un-contested …
Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz
Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz
Faculty Publications
Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders, and policymakers. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes the use of a broad spectrum of technologies in negotiation, mediation, arbitration, and other dispute resolution processes. Indeed, ODR shows great promise for expanding access to remedies, or justice. In the United States and abroad, however, ODR has mainly thrived within e-commerce companies like eBay and Alibaba, while most public …
Demystifying Nationwide Injunctions, Alan M. Trammell
Demystifying Nationwide Injunctions, Alan M. Trammell
Scholarly Articles
The phenomenon of nationwide injunctions—when a single district court judge completely prevents the government from enforcing a statute, regulation, or policy—has spawned a vigorous debate. A tentative consensus has emerged that an injunction should benefit only the actual plaintiffs to a lawsuit and should not apply to persons who were not parties. These critics root their arguments in various constitutional and structural constraints on federal courts, including due process, judicial hierarchy, and inherent limits on “judicial power.” Demystifying Nationwide Injunctions shows why these arguments fail.
This Article offers one of the few defenses of nationwide injunctions and is grounded in …
When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker
When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker
Faculty Scholarship
No abstract provided.
הורות משפטית מן הדין ומן הצדק - Legal Parenthood - Law And Justice, Yehezkel Margalit
הורות משפטית מן הדין ומן הצדק - Legal Parenthood - Law And Justice, Yehezkel Margalit
Hezi Margalit
Making Deals In Court-Connected Mediation: What's Justice Got To Do With It?, Nancy A. Welsh
Making Deals In Court-Connected Mediation: What's Justice Got To Do With It?, Nancy A. Welsh
Nancy Welsh
When mediation was first introduced to the courts, the process was hailed as “alternative.” Mediation gave disputants the opportunity to discuss and resolve their dispute themselves; the role of the third party was to facilitate the disputants’ negotiations, not to dictate the outcome; and because the disputants were able to focus on their underlying interests in mediation, the process could result in creative, customized solutions. The picture of mediation is changing, however, as the process settles into its role as a tool for the resolution of personal injury, contract, and other nonfamily cases on the courts’ civil dockets. Attorneys dominate …
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Nancy Welsh
Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a …
Class Dismissed: Compelling A Look At Jurisprudence Surrounding Class Arbitration And Proposing Solutions To Asymmetric Bargaining Power Between Parties, Matthew R. Hamielec
Class Dismissed: Compelling A Look At Jurisprudence Surrounding Class Arbitration And Proposing Solutions To Asymmetric Bargaining Power Between Parties, Matthew R. Hamielec
Chicago-Kent Law Review
Class actions and arbitrations have existed since the United States’ inception. Since the mid-twentieth century, both Congress and the U.S. Supreme Court have helped arbitration blossom from litigation’s overshadowed alternative to a prominent means of resolving disputes. Soon, the commercial industry proceeded to incorporate arbitration provisions in their consumer and employment contracts. That way, when a dispute arose between the business and a person, the business would arbitrate with claimants individually. Plaintiffs’ attorneys who favored collective action proceedings like class actions, however, pushed for courts’ allowance of class arbitration—a class proceeding conducted within an arbitration’s confines.
Corporations litigated such class …
New Water For Water Dispute Resolution, Rhett B. Larson
New Water For Water Dispute Resolution, Rhett B. Larson
Texas A&M Journal of Property Law
Water scarcity often leads to water disputes. New water supplies—such as bulk water imports, desalination, cloud seeding, or increased stream flows from improved forest management—can mitigate water scarcity and thus help avoid water disputes. However, new water supplies can also aggravate water disputes if not developed in concert with legal reforms. This Article evaluates the role of new water in two cases of water disputes in arid regions and proposes legal reforms to promote new water as a means of water dispute resolution. The first case is the adjudication of water rights in the Gila River basin in Arizona. Improved …