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Full-Text Articles in Law

Extending The Shadow Of The Law: Using Hybrid Mechanisms To Establish Constitutional Norms In Socioeconomic Rights Cases, Brian E. Ray Jan 2009

Extending The Shadow Of The Law: Using Hybrid Mechanisms To Establish Constitutional Norms In Socioeconomic Rights Cases, Brian E. Ray

Law Faculty Articles and Essays

This Article challenges the general perception that ADR processes cannot develop public law norms. It follows a recent trend in ADR literature that seeks to define a public norm creation role for ADR in part by connecting these processes to other alternative legal and political problem-solving methods. This Article focuses on a recent South African Constitutional Court case, Occupiers of 51 Olivia Road v City of Johannesburg, in which the court interpreted the right to housing in the South African Constitution. The court held that municipalities must develop processes for negotiating - or, in the court's language "engaging" - with …


Learning From Japan: The Case For Increased Use Of Apology In Mediation , Max Bolstad Jan 2000

Learning From Japan: The Case For Increased Use Of Apology In Mediation , Max Bolstad

Cleveland State Law Review

This article proposes that there is room for increased use of apology in the United States and in mediation in particular. Mediation offers the ideal setting for the offering of an apology because of its position outside the traditional strictures of the adversarial system and because of its oft-stated goal of reconciling parties and preserving relationships. Similarly, an increased awareness of apology among mediators is likely to provide another innovative method for helping parties reach a mutually satisfying and beneficial settlement. Part II of this Article examines the nature of apology and its transformative power. Part II discusses the use …


Reflections On The Adr Movement, Robben W. Fleming Jan 1986

Reflections On The Adr Movement, Robben W. Fleming

Cleveland State Law Review

ADR, the acronym that identifies the alternative dispute resolution movement, derives its current popularity from widespread dissatisfaction with the present system of justice. Thus, ADR both proposes and promotes "alternative" ways of dealing with disputes which would otherwise be the subject of litigation. In truth, there is nothing very new about the criticism directed at the legal profession, the courts, and the adjudicatory systems in general. The alternatives which have been suggested over the years are very similar. All of the alternatives lie along an axis which starts with efforts to bring about voluntary agreement by the parties and ends, …