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- Fake news). The purpose of this comparative analysis is to distill a set of common principles upon which the concept of “platform ethics” - ethical duties that digital intermediaries owe to their users and to society - can be based. Conceptualizing platform ethics is incredibly important today as major social networks remain indispensable tools for democracy despite waning public trust stemming from recent major scandals. (1)
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Articles 91 - 110 of 110
Full-Text Articles in Law
Is This Necessary: An Analysis Of The Court’S Relaxed Application Of Anderson In Peters V. Johns, Aaron Hadlow
Is This Necessary: An Analysis Of The Court’S Relaxed Application Of Anderson In Peters V. Johns, Aaron Hadlow
Missouri Law Review
No abstract provided.
More Cheese For The Rats: Tax Court And Congress Give Big Win To Whistleblowers With Broad Definition Of “Proceeds”, Stephen W. Carman
More Cheese For The Rats: Tax Court And Congress Give Big Win To Whistleblowers With Broad Definition Of “Proceeds”, Stephen W. Carman
Missouri Law Review
No abstract provided.
Why We Can’T “Just All Get Along”: Dysfunction In The Polity And Conflict Resolution And What We Might Do About It, Carrie Menkel-Meadow
Why We Can’T “Just All Get Along”: Dysfunction In The Polity And Conflict Resolution And What We Might Do About It, Carrie Menkel-Meadow
Journal of Dispute Resolution
These are very troubled times. The polity is seriously divided; people who march for white supremacy and hate are called “nice and very good people” by an unhinged, but Constitutionally elected, President; relations between citizens of color and police are at a high level of hostility and distrust; Congress is unable to pass virtually any legislation; and policy differences over immigration, trade, taxation, and health care are so great that even a ruling party cannot get anything done. Perhaps the greatest challenge for our democracy now is learning how to deal with great value differences in the polity, enough so …
One Idea For Ameliorating Polarization: Reviving Conversations About An American Spirit, Nancy H. Rogers
One Idea For Ameliorating Polarization: Reviving Conversations About An American Spirit, Nancy H. Rogers
Journal of Dispute Resolution
Historian David McCullough tells those discouraged about the nation’s current problems that Americans have an “inexhaustible source of strength”: “our story, our history, who we are, how we got to where we are, … all we have been through, what we have achieved” and our “national ambitions.” McCullough calls this the “American spirit” and urges Americans to articulate a current version. Some might express pessimism about this project – after all, one poll indicates that most Americans think we are losing an American spirit. Other commentators agree with McCullough, though, that Americans should endeavor to identify an American spirit that …
Living With No: Political Polarization And Transformative Dialogue, Erik Cleven, Robert A. Baruch Bush, Judith A. Saul
Living With No: Political Polarization And Transformative Dialogue, Erik Cleven, Robert A. Baruch Bush, Judith A. Saul
Journal of Dispute Resolution
We argue that dispute resolution processes should not be seen as a substitute for the political process, but rather a complement that can help strengthen it. Based on this view, and on the authors’ experience with dialogue work in the former Yugoslavia, as well as in urban and rural settings in the United States, we argue that transformative processes, specifically an approach we call Transformative Dialogue, are best suited to addressing the challenges of political polarization both in the United States and internationally. This is because the primary goal of transformative processes is not to reach agreement or find common …
Stakeholder Dialogues And Virtual Reality For The German Energiewende, Arne Spieker
Stakeholder Dialogues And Virtual Reality For The German Energiewende, Arne Spieker
Journal of Dispute Resolution
The German energy system is in a complete overhaul. In the future energy will mainly derive from renewable sources. While in general this is largely socially accepted, new long-range power-lines, needed to distribute that energy, disquiet local communities and lead to political friction. Using stakeholder dialogues, responsible authorities and transmission operators try to direct escalating debates back onto a constructive track. This Article describes the inclusion of public participation in the recently adopted grid expansion acceleration act (NABEG) and a best practice stakeholder dialogue for a high voltage d.c. link. It contextualizes those efforts into the broader debate over citizen …
Ethics In International Arbitration, Peter Halprin, Stephen Wah
Ethics In International Arbitration, Peter Halprin, Stephen Wah
Journal of Dispute Resolution
The growth of international arbitration has expanded both the pool of arbitrators as well as the counsel involved in international arbitration. This growth has resulted in arbitrators, counsel, and parties of various cultural and legal traditions participating in disputes. Because different cultural and legal traditions may come into conflict, there is increasing focus and discussion regarding what guidelines or rules, if any, should govern international arbitrations. The discussion regarding whether any guidelines or rules should govern arbitration asks whether a forum for dispute resolution built on the concepts of neutrality, party autonomy, and procedural flexibility should be governed by strict …
Value And Judgment In Investment Treaty Arbitration, Frederic Gilles Sourgens
Value And Judgment In Investment Treaty Arbitration, Frederic Gilles Sourgens
Journal of Dispute Resolution
Are international treaties consenting to the resolution of disputes between foreign investors and the host states to their investment still a good idea? Recent and not so recent criticism of such treaty provisions calls into question whether investor-state tribunals can act as neutral arbiters of such disputes. This criticism argues that tribunals are biased in favor of the business interests of investors—and therefore disfavor the state’s right to regulate. Responses to this criticism frequently have alleged the opposite: The arbitral tribunals constituted under international treaties are, if anything, too friendly towards the interests of states. They fail to protect the …
State Legislative Update, Ryan Corrigan, Samantha Groark, Alison Matusofsky, John Roark, Joshua Sieg
State Legislative Update, Ryan Corrigan, Samantha Groark, Alison Matusofsky, John Roark, Joshua Sieg
Journal of Dispute Resolution
No abstract provided.
Vatican Mediation And The Venezuelan Crisis, Emma Altheide
Vatican Mediation And The Venezuelan Crisis, Emma Altheide
Journal of Dispute Resolution
Part II will discuss the dispute between Argentina and Chile in the 1970s concerning property rights in the Beagle Channel, as well as the restoration of diplomatic relations between the United States and Cuba in 2015. Part III will outline the events leading to the crisis in Venezuela, where President Nicolás Maduro has brought the government to the brink of authoritarian rule. This section will assess the Vatican’s offer to mediate in Venezuela in light of the country’s current climate and previous instances of Vatican mediation. Part IV will examine the Vatican as a mediator, analyzing the attributes that may …
Adr That Is Out Of This World: A Regime For The Resolution Of Outer-Space Disputes, George Khoukaz
Adr That Is Out Of This World: A Regime For The Resolution Of Outer-Space Disputes, George Khoukaz
Journal of Dispute Resolution
The United States’ interest in enlarging and increasing its presence in outer space is an extension of its current geographically extensive military presence around the globe. These outer-space exploratory goals are compared to the expansionist aspirations of ocean-born European empires of the 17th and 18th centuries; and therefore project a future where nations will compete over space-control to gain a geostrategic advantage on Earth.
Online Dispute Resolution For Divorce Cases In Missouri: A Remedy For The Justice Gap, Danielle Linneman
Online Dispute Resolution For Divorce Cases In Missouri: A Remedy For The Justice Gap, Danielle Linneman
Journal of Dispute Resolution
This Comment will analyze the use of ODR for divorce disputes in Missouri by first explaining the use of ODR and then analyzing its evolution. How ODR has grown on a global level and entered the realm of family law will also be viewed, as well as how other countries have used ODR to successfully resolve divorce case disputes. Recent proposals in the United States for use of ODR programs to resolve domestic disputes will be discussed, before evaluating how ODR programs could be implemented into Missouri’s legal system as a way to begin shaping the future of America’s family …
Building Conflict Resilience: It's Not Just About Problem-Solving, Robert C. Bordone
Building Conflict Resilience: It's Not Just About Problem-Solving, Robert C. Bordone
Journal of Dispute Resolution
Political polarization in the United States and internationally has increased enormously in the past decade, resulting in legislative impasse in some countries, political instability and partisan re-alignment in others, and decreased levels of communication, trust, and cooperation across partisan lines in schools, communities, and across the nation. As partisan polarization has increased, I have observed several perceptible changes in the way law school students engage each other around political differences and conflict in the classroom. From conversations with my colleagues, I am not alone in observing these trends.
Seeking Recognition And Enforcement Of Foreign Court Judgments And Arbitral Awards In Egypt And The Mashriq Countries, Nicolas Bremer
Seeking Recognition And Enforcement Of Foreign Court Judgments And Arbitral Awards In Egypt And The Mashriq Countries, Nicolas Bremer
Journal of Dispute Resolution
Asserting a claim in an international transaction is often complex. If a transaction involves parties from different countries, the venue of dispute resolution will often be in a jurisdiction different from that where enforcement may have to be sought. In such a case, any ruling obtained will have to be recognized by the competent authority of the country where enforcement is sought (known as requested country). Obtaining recognition of a foreign ruling in the Middle East and North Africa is considerably challenging. Despite some progress having been made over the last decade, local courts are still rather reserved towards foreign …
Inherently Unneutral Investment Treaty Arbitration: The Formation Of Decisive Arguments In Jurisdictional Determinations, Relja Radovic
Inherently Unneutral Investment Treaty Arbitration: The Formation Of Decisive Arguments In Jurisdictional Determinations, Relja Radovic
Journal of Dispute Resolution
The legitimacy crisis of investment treaty arbitration is much discussed, often challenging the neutrality of that system as a whole. Besides concentrating on the direction in which cases are being decided, or in which the law is being interpreted, the neutrality of investment treaty arbitration as a system can also be discussed from the perspective of its foundations. This article looks at the arbitral use of the two basic ideals of investment treaty arbitration, namely the legalistic and teleological notions, in the formation of decisive arguments, in the particular context of jurisdictional decisions. It examines to what extent the two …
Mediating Farm Nuisance: Comparing New Jersey, Missouri, And Iowa Right To Farm Laws And How They Utilize Mediation Techniques, Gina Moroni
Journal of Dispute Resolution
Is it a right to farm, or a right to be a bad neighbor? The ability to sue a neighbor who farms claiming nuisance is largely dependent on each state’s right to farm law. Just because there is a nuisance claim that can be filed in court does not necessarily mean the complaint should be heard in court. Instead, mediation can be a low cost, confidential, and even binding alternative which helps parties resolve their disputes in creative ways. Section II of this Comment examines what right to farm laws do, the agricultural dynamics that led to the creation of …