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- Dispute resolution (6)
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- Publication
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- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (15)
- Innis Christie Collection (6)
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- Articles by Maurer Faculty (3)
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Articles 1 - 30 of 50
Full-Text Articles in Law
Re Canada Post Corp And Cupw (078-95-00677), Innis Christie
Re Canada Post Corp And Cupw (078-95-00677), Innis Christie
Innis Christie Collection
Union grievance alleging breach of the Collective Agreement between the parties bearing the date January 31, 1995, which continues in effect and which the parties agreed applies to this matter, and in particular of Articles 11, 15, 17 and 52, in that, on July 12 and 26, 1999 two relief letter carders were assigned from LCD#2 to LCD#1 without following the seniority and staffing provisions of the Collective Agreement. The Union requested that the appropriate employees be compensated for any lost liar its, earnings and benefits, with interest at the Bank of Canada rate.
Re Canada Post Corp And Cupw (078-95-00664), Innis Christie
Re Canada Post Corp And Cupw (078-95-00664), Innis Christie
Innis Christie Collection
Union grievance alleging breach of the Collective Agreement between the parties bearing the date January 31, 1995, which continues in effect and which the parties agreed applies to this matter, and in particular of Articles 15 and 17, in that, from June 22 to June 25 regular employees in Group 2 were bypassed in administration of overtime while temporary employees covered uncovered routes, and on June 24 J. Robichaud worked beyond 8 hours. The Union requested that the by-passed employees be compensated for earnings lost on those two days, with interest at the Bank of Canada rate and that the …
Judgment Proofing, Bankruptcy Policy, And The Dark Side Of Tort Liability, Charles W. Mooney Jr.
Judgment Proofing, Bankruptcy Policy, And The Dark Side Of Tort Liability, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Court Issues Major Ruling On Mediation Confidentiality, Richard C. Reuben
Court Issues Major Ruling On Mediation Confidentiality, Richard C. Reuben
Faculty Publications
A prominent federal court judge has issued an important ruling on mediation confidentiality, one that promises to influence both doctrinal and legislative development.
The case is Olan v Congress Mortgage Co., 1999 WL 909731 (N.D.Cal.), and in it, federal Magistrate Judge Wayne Brazil ultimately compels testimony by a California mediator, despite California's categorical exclusion of evidence arising from mediations. The lengthy opinion is most scholarly, and well worth taking the time to read.
Major Step Forward: Proposed Uniform Mediation Act Goes Public For Comments, Richard C. Reuben, Nancy H. Rogers
Major Step Forward: Proposed Uniform Mediation Act Goes Public For Comments, Richard C. Reuben, Nancy H. Rogers
Faculty Publications
The move toward a simplified and uniform law for mediation takes an important step forward this summer, with the release of the first integrated draft of the proposed Uniform Mediation Act. The act is being drafted by cooperating committees of the American Bar Association Section of Dispute Resolution and the National Conference of Commissioners on Uniform State Laws. If enacted and adopted uniformly, it would replace the hundreds of pages of complex and often conflicting statutes across the country with a few short pages of simple, accessible, and helpful rules.
Within The Civil Law Tradition, Nadja Alexander
Within The Civil Law Tradition, Nadja Alexander
Research Collection Yong Pung How School Of Law
A review of the international literature on ADR reveals a wide spectrum of dispute resolution processes practised throughout the world. It also demonstrates significant differences among different countries’ application of ADR procedures; for example, mediation.
Regional Water Planning In Texas, John Folk-Williams
Regional Water Planning In Texas, John Folk-Williams
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
4 pages.
Collaboration Among Municipal Water Providers: Meeting Metro Denver Water Demand, Lee Rozaklis
Collaboration Among Municipal Water Providers: Meeting Metro Denver Water Demand, Lee Rozaklis
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
11 pages (includes color illustrations).
Nebraska V. Wyoming: The End Or Collaboration?, Wendy Weiss, James Montgomery
Nebraska V. Wyoming: The End Or Collaboration?, Wendy Weiss, James Montgomery
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
13 pages.
Contains footnotes.
A Western Slope Perspective: Endangered Species And Municipal Water, David C. Hallford
A Western Slope Perspective: Endangered Species And Municipal Water, David C. Hallford
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
13 pages (includes 1 map).
Contains footnotes and 1 page of references.
Indian Water Rights And The Snake River Basin Adjudication, Peter C. Monson
Indian Water Rights And The Snake River Basin Adjudication, Peter C. Monson
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
19 pages (includes map).
Idaho's Snake River Basin Adjudication: A Window On Western Water Law, Jeffrey C. Fereday
Idaho's Snake River Basin Adjudication: A Window On Western Water Law, Jeffrey C. Fereday
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
34 pages.
Contains footnotes.
Federal Water Rights In The Snake River Basin Adjudication, Michael A. Gheleta
Federal Water Rights In The Snake River Basin Adjudication, Michael A. Gheleta
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
34 pages (includes maps).
Federal Facilitation Of Water Rights Negotiations In The West, Mike Connor
Federal Facilitation Of Water Rights Negotiations In The West, Mike Connor
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
11 pages.
Nstu V Nova Scotia (Minister Of Education & Culture), Innis Christie
Nstu V Nova Scotia (Minister Of Education & Culture), Innis Christie
Innis Christie Collection
The grievance involves the decision of all School Boards in Nova Scotia to refuse payment at the salary levels set out in Schedules of the Collective Agreement following the end of the effect of the Public Sector Compensation (1994-97) Act. The issue is whether teachers' experience-based salary increments provided for in the Agreement, and denied them for the school year 1994-95, are lost not only during the period the Act was in force, but also as the basis on which their salaries after October 31, 1997 are to be determined. According to the School Boards, their teachers permanently lost one …
Do Basin-Wide Adjudications Work, For Tribes Or Anyone Else?, Reid Peyton Chambers
Do Basin-Wide Adjudications Work, For Tribes Or Anyone Else?, Reid Peyton Chambers
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
3 pages.
Colorado Water Courts: Should They Change?, Melinda Kassen
Colorado Water Courts: Should They Change?, Melinda Kassen
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
12 pages.
Contains references.
Colorado Water Courts: Where Are They?, Jonathan W. Hays
Colorado Water Courts: Where Are They?, Jonathan W. Hays
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
16 pages.
Colorado Water Courts: Are They Changing?, Gregory J. Hobbs, Jr.
Colorado Water Courts: Are They Changing?, Gregory J. Hobbs, Jr.
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
56 pages.
Basin-Wide Adjudications In The West: What Works, What Doesn’T?, Ramsey L. Kropf
Basin-Wide Adjudications In The West: What Works, What Doesn’T?, Ramsey L. Kropf
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
18 pages.
Contains 2 pages of references.
Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West
Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
1 v. (various pagings) : ill., maps, charts ; 29 cm
Conference organizers, session moderators and/or speakers included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Lawrence J. MacDonnell, Kathryn M. Mutz and Charles F. Wilkinson
Includes bibliographical references
The event will examine the principal problem-solving strategies in western water law and policy: courts, coercion and collaboration. In addressing this broad range of strategies, the program will focus on national, west-wide and Colorado-specific issues.
Conference activities will commence with a free public program cosponsored by the Center of …
The Platte River Cooperative Agreement: A Historical Perspective, Ann Salomon Bleed
The Platte River Cooperative Agreement: A Historical Perspective, Ann Salomon Bleed
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
No abstract provided.
Advising Clients To Apologize, Jonathan R. Cohen
Advising Clients To Apologize, Jonathan R. Cohen
UF Law Faculty Publications
The article argues that lawyers should consider the possibility of advising clients to apologize for harms they commit, as in some cases apology may best serve their client's interests. The articles discusses some of the pros and cons to apology in the legal setting, as well as barriers that may inhibit apologies.
Re Queen's Regional Authority And Iuoe, Loc 942 (Snow), Innis Christie
Re Queen's Regional Authority And Iuoe, Loc 942 (Snow), Innis Christie
Innis Christie Collection
Union grievance dated December 22, 1998, alleging breach of Articles 3, 5, 8, 19, 49.1 and 53.1 of the Collective Agreement between the parties effective April 1, 1996 to March 31, 1999, and in particular of Articles 5.3, 19.3 and 19.8. in that the Employer assigned an employee in the bargaining unit for which the Union of Public Sector Employees is bargaining agent to a position in the bargaining unit for which the Grievor Union is bargaining agent, allegedly wrongly imposing on that Union a duty to accommodate under the P.E.I. Human Rights Act, R.S.P.E.I. 1988, c. H-12. The Grievor …
Cpaa V Canada Post Corp, Innis Christie
Cpaa V Canada Post Corp, Innis Christie
Innis Christie Collection
Employee grievances alleging breach of the Collective Agreement between the parties in respect of the Revenue Postal Operations Group (All Employees) bearing the expiry date 30 June, 1998, which the parties agreed applies here, and in particular of Article 11, in that the Third Party, Louise Harris was promoted to the position of Postmaster in Kingston, N. S., although allegedly, by retroactive effect, at the relevant time she was not eligible to apply for the position. The Union takes no position on the Grievance. Each of the Grievors seeks promotion to the position of Postmaster in Kingston, N. S., with …
Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone
Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone
Cornell Law Faculty Publications
Arbitration clauses are appearing in a wide variety of consumer transactions, including routine product purchase forms, residential leases, housing association charters, medical consent forms, banking and credit card applications, and employment handbooks. In the past fifteen years, the Supreme Court has reinterpreted the Federal Arbitration Act (FAA) so as to grant tremendous deference to private arbitral tribunals. By doing so, it has altered the landscape of civil litigation, taking many consumer claims out of the legal system and relegating them to private tribunals. In this Article, Professor Stone assesses the recent trend toward the privatization of civil justice in light …
Re Canada Post Corp And Cupw, Innis Christie
Re Canada Post Corp And Cupw, Innis Christie
Innis Christie Collection
Union national policy grievance dated November 25, 1998, alleging breach of the Collective Agreement between the parties bearing the date January 31, 1995, and in particular of Article 12, in that in announcing the creation of its "Simplified Registered Mail Service" project, the Employer indicated that new positions created under this project would not be preferred assignments although, the Union alleges, the work in question corresponds with the duties of a preferred assignment within the meaning of Article 12. The Union requests a declaratory decision that the work in question be performed in registration sections by PO4's in preferred assignments, …
Dispute Resolution In China After Deng Xiaoping: "Mao And Mediation" Revisited, Stanley B. Lubman
Dispute Resolution In China After Deng Xiaoping: "Mao And Mediation" Revisited, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
This Article presents portions of a book tentatively entitled "Bird in a Cage: Legal Reform in China After Mao." The book explores the Western vantage point from which I have viewed institutions for dispute resolution, the imprint on them of the traditional and more recent Maoist past, the disorderly context of rapid economic and social change in which they must operate today, and the larger law reforms of which they are part. Against that background it examines the operation of extrajudicial mediation and the courts. The scope of this Article is more limited.
I have not speculated here about appropriate …
Book Review: Thinking About Conflict Resolution ‘Beyond The Square Box’, Nadja Alexander
Book Review: Thinking About Conflict Resolution ‘Beyond The Square Box’, Nadja Alexander
Research Collection Yong Pung How School Of Law
In his monograph, Conflict Resolved? A Critical Assessment of Conflict Resolution, Alan Tidwell provides the reader with an insight into the breadth and depth of the literature in the multi-disciplinary field of conflict resolution. The author draws on literature from a wide range of social sciences and, in doing so, displays a command of the diverse theoretical bases of conflict resolution seldom found in earlier works.
Commentary: Symposium: Cannibal Democracies: Human Rights And Democracy In Turkey, Gregory Fox
Commentary: Symposium: Cannibal Democracies: Human Rights And Democracy In Turkey, Gregory Fox
Law Faculty Research Publications
No abstract provided.