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Policy Comparison Of Lead Hunting Ammunition Bans And Voluntary Nonlead Programs For California Condors, Robin M. Rotman, John H. Schulz, Samantha Totoni, Sonja A. Wilhelm Stanis, Christine Jie Li, Mark Morgan, Damon M. Hall, Elisabeth B. Webb
Policy Comparison Of Lead Hunting Ammunition Bans And Voluntary Nonlead Programs For California Condors, Robin M. Rotman, John H. Schulz, Samantha Totoni, Sonja A. Wilhelm Stanis, Christine Jie Li, Mark Morgan, Damon M. Hall, Elisabeth B. Webb
Faculty Publications
The endangered California condor (Gymnogyps californianus) is negatively affected by lead poisoning from spent lead‐based hunting ammunition. Because lead poisoning is the primary mortality factor affecting condors, the California Fish and Game Commission banned lead hunting ammunition during 2008 in the southern California condor range followed by a statewide ban implemented in 2019. In contrast, the Arizona Game and Fish Department instituted an outreach and awareness program encouraging voluntary use of nonlead hunting ammunition in the northern portion of the state during 2005 and a similar program was launched in Utah during 2012. The juxtaposition of policy tools provided a …
Assuring Excellence, Or Merely Reassuring - Policy And Practice In Promoting Mediator Quality, Charles Pou Jr.
Assuring Excellence, Or Merely Reassuring - Policy And Practice In Promoting Mediator Quality, Charles Pou Jr.
Journal of Dispute Resolution
Mediation practice in the United States has grown substantially over the last two decades, as has the number of people offering to serve as mediators. This growth has led some to argue that competency standards are needed to protect consumers and promote the integrity of mediation processes. While professionals and researchers have tried over the past fifteen years or so to define "what mediators do" and better understand "how to do it well," alternative dispute resolution (ADR) programs, roster administrators, and parties seeking neutrals have had to make day-to-day choices.
Science-Policy Disputes: Resolution Through Data Mediation, Erik S. Knutsen
Science-Policy Disputes: Resolution Through Data Mediation, Erik S. Knutsen
Journal of Dispute Resolution
It is the aim of this article to propose a novel system of dispute resolution for disputes which turn on interpretations of complex but uncertain scientific evidence. Part II identifies a specific subset of legal disputes that can only be resolved through policy judgments from ambiguous scientific data. Recognizing the underlying commonalities of these science-policy disputes offers an opportunity to craft a single dispute resolution mechanism which may be utilized for a wide variety of disputes. Part III outlines the benefits of using a mediation-based dispute settlement mechanism, as opposed to the traditional adversary-style litigation system, for these specific types …
Coverage Denials In Erisa Plans: Assessing The Federal Legislative Solution, Karen A. Jordan
Coverage Denials In Erisa Plans: Assessing The Federal Legislative Solution, Karen A. Jordan
Missouri Law Review
Whether patients who obtain their health coverage through private employment ought to be able to sue managed care plans for injuries resulting from coverage denials has been a significant health policy issue for years. The debate became more intense as recent judgments against major managed care plans highlighted the inequity caused by the preemption provisions in federal employment law
Turning The Ship Of State, Jeffrey M. Senger
Turning The Ship Of State, Jeffrey M. Senger
Journal of Dispute Resolution
In his thoughtful article on the future of ADR, Professor Frank Sander notes, "On Monday, Wednesday and Friday, I think we've made amazing progress. On Tuesday, Thursday and Saturday, ADR seems more like a grain of sand on the adversary system beach."' In the federal government, I believe things are somewhat better than that. Perhaps five days out of seven I am impressed with the progress of the government in implementing ADR, particularly in the last ten years, which I will describe below. The other two days, like Professor Sander, I become more discouraged as we run into one of …
Easier Said Than Done: Resolving Ethical Dilemmas In Policy And Practice, Linda Stamato
Easier Said Than Done: Resolving Ethical Dilemmas In Policy And Practice, Linda Stamato
Journal of Dispute Resolution
This is not to argue against core principles. There is, I think, a consensus on these: responsible and fair dealing, disclosure of personal conflicts, good faith, diligence, impartiality, confidentiality, and, certainly, honesty and integrity. I take these ethical requirements to be the sine qua non of professional mediation practice; the primary representations to be made prior to, and, indeed, to be adhered to in the course of mediation. SPIDR attempted to codify these values in its Ethical Standards of Professional Responsibility, which were adopted by the SPIDR Board in 1986 and confirmed in 1991. What we in mediation practice are …
Study Of Ethical Dilemmas And Policy Implications, A, Robert A. Baruch Bush,
Study Of Ethical Dilemmas And Policy Implications, A, Robert A. Baruch Bush,
Journal of Dispute Resolution
This paper is based on research sponsored by the National Institute for Dispute Resolution and by Hofstra University School of Law. The research involved interviews with roughly eighty mediators working in one of the three areas mentioned above. The mediators were asked to identify situations they had experienced in mediation that, in their view, raised difficult ethical dilemmas on which they felt the need for guidance by professional standards and program policy. This report summarizes and illustrates the findings of the research as to the major types of dilemmas practicing mediators are confronted with and analyzes these dilemmas and their …
Good Policy Or Judicial Abdication: When Courts Uphold Arbitral Awards Which Are In Excess Of The Arbitrator's Jurisdiction - Hall V. Superior Court, Sharon E. Schulte
Good Policy Or Judicial Abdication: When Courts Uphold Arbitral Awards Which Are In Excess Of The Arbitrator's Jurisdiction - Hall V. Superior Court, Sharon E. Schulte
Journal of Dispute Resolution
Legislatures and the court system have advanced a strong policy to encourage individuals to arbitrate disputes and avoid the traditional judicial system. 2 In order to promote this policy, it is vital that arbitrators' awards be respected and upheld if at all possible. Consequently, the grounds for review of arbitration awards are limited.' One of the grounds available for vacating an arbitral decision arises when an arbitrator exceeds his or her jurisdiction by purporting to decide issues not submitted by the parties for arbitral determination. 4 This Note discusses the potential consequences to the overall policy goals of encouraging arbitration …
Reply To The Commentators On The Ethical Dilemmas Study, A, Robert A. Baruch Bush
Reply To The Commentators On The Ethical Dilemmas Study, A, Robert A. Baruch Bush
Journal of Dispute Resolution
The invitation to republish here the report on my study of mediators' ethical dilemmas was a very gratifying one. My hope was that this report would generate further thought and discussion on this important subject, and this symposium will certainly help to realize that aim. For this I am grateful to the editors of the Journal and their advisor, Professor Leonard Riskin. Moreover, the best part of this invitation was that it contemplated the publication of comments on the report from a number of well-known and thoughtful figures in the mediation field. This kind of public dialogue is something all …