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Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level, Shahla F. Ali, William E. Davis, Joanna Lee Jun 2010

Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level, Shahla F. Ali, William E. Davis, Joanna Lee

Shahla F. Ali

The development of systems of multi-stakeholder dispute resolution is increasingly recognized as an objective of good governance by international organizations such as the United Nations Development Program (UNDP). Such objectives arise out of insights based on the dynamics of social capital that community based initiatives cannot succeed where trust is absent and mechanisms for collective decision making do not exist. Yet localized decision making can take many forms – whether distributional, competitive or collaborative. This paper will examine, in particular the impact of collaborative systems of decision making on building social capital through access to justice in local communities. It …


Iqbal And The Slide Toward Restrictive Procedure Jan 2010

Iqbal And The Slide Toward Restrictive Procedure

A. Benjamin Spencer

No abstract provided.


Iqbal And The Slide Toward Restrictive Procedure, A. Benjamin Spencer Jan 2010

Iqbal And The Slide Toward Restrictive Procedure, A. Benjamin Spencer

Scholarly Articles

Last term, in Ashcroft v. Iqbal, the Supreme Court affirmed its commitment to more stringent pleading standards in the ordinary federal civil case. Although the decision is not a watershed, since it merely underscores the substantial changes to pleading doctrine wrought in Bell Atlantic Corp. v. Twombly, Iqbal is disconcerting for at least two reasons. First, the Court treated Iqbal’s factual allegations in a manner that further erodes the assumption-of-truth rule that has been the cornerstone of modern federal civil pleading practice. The result is an approach to pleading that is governed by a subjective, malleable standard that permits judges …


Singapore And The Universal Periodic Review: An Unprecedented Human Rights Assessment, Mahdev Mohan Jan 2010

Singapore And The Universal Periodic Review: An Unprecedented Human Rights Assessment, Mahdev Mohan

Research Collection Yong Pung How School Of Law

Singapore will soon submit a national report to and subsequently appear before the UN Human Rights Council for a universal periodic review of its human rights laws and practices. This review will elicit a rare and unprecedented expression of whether and how Singapore feels it has adhered to international human rights law, and ways in which it may further refine or calibrate its domestic practices. This article seeks to identify Singapore’s human rights achievements; highlight challenges it should be prepared to address; and recommend measures it should adopt to promote human rights.