Digital Commons Network^™

The Essence Of Conciliation Procedures In The System Of Alternative Dispute Resolution In Civil Proceedings, P.T. Esenbekova

Review of law sciences

the article discusses debatable questions about the concept and essence of conciliation procedures in the system of alternative dispute resolution methods in civil proceedings, discusses the phenomenon of conciliation procedures from the point of view of related sciences, in particular conflict management and the theory of the negotiation process.

New Institution: Resolving Labour Disputes Through Mediation, M.A. Raximov

Review of law sciences

the article analyzes the essence of the mediation procedure and its applicability to labor disputes, reveals the advantages of this method of resolving conflicts in the labor sphere, and also identifies some problems of its implementation. The question of the difference between decision of court, the resolution of a dispute in the labor dispute committee and the mediation procedure is raised. Based on the results of the study, the author concludes that the inclusion of mediation in the labor dispute settlement system meets the goals of increasing the stability of labor relations and encourages employees and employers to find a …

Lady Justice Cannot Hear Your Prayers, Deborah Ogali

Fordham Law Review

The Islamic finance industry continues to grow quickly as the appetite for everything, from Sharia-compliant home mortgages and car loans to sophisticated financial products, increases. This growth has triggered an interest in sukuk, bond-like financial instruments. And while the international market for sukuk has long been dominated by foreign issuers and English law, the attraction of a niche market compatible with U.S. federal and international securities laws may propel increased participation by U.S. issuers and investors who wish to transact under U.S. federal and state laws. As with all Islamic financial products, sukuk transactions inherently pose a Sharia compliance risk. …

"Hurricane" Sandy: A Case Study Of The Eastern District Of New York's Effort To Address Mass Litigation Resulting From The Effects Of Climate Change, Cheryl L. Pollak, Ramon E. Reyes Jr., Robyn Weinstein

Texas A&M Journal of Property Law

On the evening of October 29, 2012, “Hurricane” Sandy made land- fall on the New York coastline, battering the land with strong winds, torrential rain, and record-breaking storm surges. Homes and commercial structures were destroyed; roads and tunnels were flooded; and more than 23,000 people sought refuge in temporary shelters, with many others facing weeks without power and electricity. At the time, Sandy was heralded as one of the costliest hurricanes in the his- tory of the United States; the second costliest hurricane only to Katrina, which hit New Orleans in 2005. Unfortunately, recent experience with Hurricanes Florence, Maria, Harvey, …

Alternative Options For Resolution Of Property And Casualty Claims Arising Out Of Natural Disasters, Kimberly Taylor

Texas A&M Journal of Property Law

At the time of this Article, at least twelve large wildfires are burn- ing in California across more than 1,000 square miles, having damaged or destroyed over 2,000 structures, according to the California Department of Forestry and Fire Protection (CAL FIRE). At least eight people have lost their lives. The Kilauea volcano continues to erupt in Hawaii, having destroyed 600 homes. The 2018 hurricane season is in full swing, and while there have been no catastrophic events to date, residents in Houston, Florida, Puerto Rico, and elsewhere are still recovering from the devastating winds and rains wrought by Har- vey, …

Paternal Filicide And Coercive Control: Reviewing The Evidence In Cotton V Berry

UBC Law Review

No abstract provided.

What Can A Micro-Level View Tell Us About Plurinational Bolivia?, Maureen Heffern Ponicki

Journal of International and Global Studies

Book review on:

• Borda-Niño-Wildman, Carolina. The Medicalisation of Incest and Abuse: Biomedical and Indigenous Perceptions in Rural Bolivia. London: Routledge, 2018.
• Ellison, Susan Helen. Domesticating Democracy: The Politics of Conflict Resolution in Bolivia. Durham and London: Duke University Press, 2018.

Sb 301 - Wills, Trusts, And Administration Of Estates, Morgan S. Ownbey, Paul M. Napolitano

Georgia State University Law Review

The Act creates the “Revised Uniform Fiduciary Access to Digital Assets Act,” extends fiduciaries’ powers to include managing tangible property and digital assets, and provides conforming cross-references for a conservator.

Depaul Digest

DePaul Magazine

Breaking the Bars: Panel discussions and a personal story address Latinos and mass incarceration in the United States; Campus Events; Alumni Events; Alumni Impact Report 2017-18; When Flipping Burgers Was an Art: Before Mig Macs and the Golden Arches, there was the Skaleski Staggered System; How to Negotiate to Get What You Need; Milestones; Favorite Hangout Spot Around the Lincoln Park and Loop campuses.

Defining Landscape-Scale Collaboration As Used To Restore Forests And Reduce Catastrophic Wildfires, Marcelle Elise Dupraw 2512721

The Qualitative Report

In this article, I explore the distinctive characteristics of landscape-scale collaboration in the context of forest resource management in the United States. The United States (US) is experiencing a significant increase in acres burned by wildfire in the wildland-urban interface zone, exacting a heavy toll on human life, health, property, and livelihoods. The US Forest Service’s Collaborative Forest Landscape Restoration (CFLR) Program demonstrates an effective approach to reducing risk of catastrophic wildfire through collaborative forest restoration work at the landscape scale. This is the first in a series of articles building toward a grounded theory to guide development of the …

Home Rules: The Case For Local Administrative Procedure, Casey Adams

Fordham Law Review

Administrative law is critical to the modern practice of governance. Administrative rules fill the gaps in statutes left open by lawmakers, allow agencies to exercise legislative grants of authority and discretion, and give agencies with subject-matter expertise and frontline experience the opportunity to promulgate detailed standards and requirements in their designated issue areas. Adjudication allows an agency to dispose of matters and disputes formally before it, whether under its rules or another source of law. While agencies at every level of government—federal, state, and local— engage in administrative action, legal scholarship on administrative law is almost exclusively focused on the …

Opting Out Of Discovery, Jay Tidmarsh

Vanderbilt Law Review

This Article proposes a system in which both parties are provided an opportunity to opt out of discovery. A party who opts out is immunized from dispositive motions, including a motion to dismiss for failure to state a claim or a motion for summary judgment. If neither party opts out of discovery, the parties waive jury-trial rights, thus giving judges the ability to use stronger case-management powers to focus the issues and narrow discovery. If one party opts out of discovery but an opponent does not, the cost of discovery shifts to the opponent. This Article justifies this proposal in …

Transforming Landscapes: How Odr Reshaping The Prospect Of Dispute Settlement In A Connected World, Patricia Audrey Ruslijanto

Indonesian Journal of International Law

The existence of law and culture has bring significant forces to human life, since them both shaping and influencing the emergence of values and norms in communities and societies. The restless development of human history has forged law in dynamic relation with culture, resulted in changing laws, values and practices. Beyond politics, present life is also bringing fresh challenges for law and culture globally, such as: the increased use of technology in law and human life. One of the big leap issue is the changing in the culture of trade, which shifted to non-face-to face or e commerce, which offer …

U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte

University of Miami Law Review

The United Nations (“U.N.”) has been looked at globally and historically as an international organization that has given aid to millions of people in the hopes of promoting peace and reducing human rights violations. It is no surprise then that many countries have welcomed U.N. troops with open arms in the hopes of stabilizing communities. However, instead of receiving aid, imagine receiving a deadly disease. Imagine having the nearby river that has been your only source of water for drinking, laundry, and bathing for decades turned into a waste dump. It is from that river turned waste dump that you—and …

Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western

Public Land & Resources Law Review

As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain …

Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux

Seattle University Law Review

This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.

Stories Of Experience: Economic Inequality In Mediation, Robert Rubinson

South Carolina Law Review

No abstract provided.

Access To Justice In The United Nations Human Rights Committee, Vera Shikhelman

Michigan Journal of International Law

This Article has two main purposes. The first is to describe and evaluate empirically the right of individuals to access the HRC under the OP in light of the special goals of this procedure as perceived by the different stakeholders. The second is to recommend ways to improve individuals’ access to the HRC and thereby to international justice in general. In order to address the first question, the Article uses a mixed-methods approach—a combination of quantitative and qualitative research methods.

Peluang Penyelesaian Sengketa Perdata Tentang Tanah Melalui Alternative Dispute Resolution Dengan Asas-Asas Hukum Perjanjian Di Dalamnya, Made Oka Cahyadi Wiguna

Jurnal Hukum & Pembangunan

The current developments, there are many land disputes that are vertical or horizontal. Issues concerning land affairs are often caused by salim claims over land rights. The intended land dispute is a civil dispute concerning the land. Achieving a win-win solution in the settlement of civil disputes over land is relatively difficult to materialize, if the settlement is resolved through a trial (litigation). The choice of law that can be chosen to obtain and realize a win-win solution in solving civil disputes over land is of course through alternative dispute resolution. By way of negotiation, mediation and conciliation. In the …

Financialization Of Higher Education: Interest Swaps And Their Consequences, Aman Banerji

Journal of Collective Bargaining in the Academy

No abstract provided.

Can An Ombuds Help Resolve Conflicts & Improve Labor-Management Relationships?, Sarah Miller Espinoza

Journal of Collective Bargaining in the Academy

No abstract provided.

The Problem Of Purely Procedural Preemption Presented By The Federal Hear Act, William L. Charron

Pepperdine Law Review

The underlying purpose of the Holocaust Expropriated Art Recovery Act of 2016 (the HEAR Act), which is to return Nazi-looted artwork to victims or their families, is undeniably laudable. Restituting Nazi-looted artwork is and has been a moral objective of this country since the conclusion of World War II. It is equally clear that victims and their families can often face obstacles to gathering evidence from the war that would demonstrate Nazi theft in court. The HEAR Act strives to address these concerns by imposing a federal statute of limitations over all state law causes of action that would enable …

Current Circuit Splits

Seton Hall Circuit Review

No abstract provided.

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Nova Law Review Full Issue Volume 42, Issue 3

Nova Law Review

No abstract provided.

Human Rights The "Asean Way": Exploring The Possibilities For A Regional Adr And Adjudicative Body In Southeast Asia, Mariam Sarwar

Loyola of Los Angeles Law Review

No abstract provided.

... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution

Marquette Law Review

None.

Book Review Of Inventing American Exceptionalism: The Origins Of American Advesarial Legal Culture, 1800-1877 By Amalia D. Kessler, Renée Lettow Lerner

Journal of Legal Education

No abstract provided.

Mediation For Indonesian Tax Disputes: Is It Potential Alternative Strategy For Resolving Indonesian Tax Disputes?, Khoirul Hidayah, Suhariningsih Suhariningsih, Istislam Istislam

Indonesia Law Review

Tax dispute resolution in Indonesia has not yet met the principles of quick, simple, and economical. Taxpayers have to wait more than 3 years for the lawful certainty. This paper elaborates the potential strategy in resolving the tax dispute in Indonesia through administrative law. OECD has suggested taxpayers and revenue body to build positive connection through the changing of confrontation to the collaborative relationship. Mediation is a solution to encourage this positive bond in solving the dispute. It is successfully implemented in Australia. The similar way is strongly recommended for the Indonesian Government to develop a good relationship between taxpayers …

Department Of Managed Health Care, Jennifer Pardue, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.