Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Georgia School of Law (31)
- University of Missouri School of Law (29)
- Pepperdine University (28)
- Penn State Law (19)
- Cleveland State University (8)
-
- Mitchell Hamline School of Law (6)
- Touro University Jacob D. Fuchsberg Law Center (5)
- University of Florida Levin College of Law (4)
- Brooklyn Law School (3)
- University of Miami Law School (3)
- Maurer School of Law: Indiana University (2)
- Southern Methodist University (2)
- Universitas Indonesia (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Brigham Young University Law School (1)
- Fordham Law School (1)
- Marquette University Law School (1)
- North Carolina Central University School of Law (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- SJ Quinney College of Law, University of Utah (1)
- Seattle University School of Law (1)
- The Catholic University of America, Columbus School of Law (1)
- UIC School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of the District of Columbia School of Law (1)
- Washington and Lee University School of Law (1)
- Keyword
-
- Arbitration (34)
- Mediation (17)
- Dispute resolution (14)
- Federal Arbitration Act (9)
- ICJ (7)
-
- FAA (6)
- Korea (6)
- Contract law (5)
- International arbitration (5)
- Courts (4)
- International Monetary Fund (4)
- World Bank (4)
- ADR (3)
- Alternative dispute resolution (3)
- Arbitral award (3)
- BIT (3)
- Civil war (3)
- Commercial law (3)
- Communism (3)
- Contract (3)
- Disputes (3)
- Dodd-Frank (3)
- Due process (3)
- GATT (3)
- Gateway 2000 (3)
- German Civil Code (3)
- Hill (3)
- International Chamber of Commerce (3)
- International Court of Justice (3)
- Jurisdiction (3)
- Publication
-
- Georgia Journal of International & Comparative Law (31)
- Journal of Dispute Resolution (29)
- Pepperdine Dispute Resolution Law Journal (20)
- Arbitration Law Review (19)
- Pepperdine Law Review (8)
-
- Cultural Encounters, Conflicts, and Resolutions (7)
- Mitchell Hamline Law Review (6)
- Touro Law Review (5)
- Florida Law Review (4)
- Brooklyn Journal of Corporate, Financial & Commercial Law (2)
- Indonesia Law Review (2)
- Nevada Law Journal (2)
- The International Lawyer (2)
- University of Miami International and Comparative Law Review (2)
- BYU Law Review (1)
- Brooklyn Journal of International Law (1)
- Catholic University Law Review (1)
- Cleveland State Law Review (1)
- Fordham Law Review (1)
- Indiana Journal of Constitutional Design (1)
- Indiana Law Journal (1)
- Marquette Law Review (1)
- Maryland Carey Law (1)
- North Carolina Central Law Review (1)
- Osgoode Hall Law Journal (1)
- Pace Law Review (1)
- Seattle University Law Review (1)
- UIC Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Miami Inter-American Law Review (1)
Articles 1 - 30 of 158
Full-Text Articles in Law
Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini
Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini
Indonesia Law Review
Land utilization for investment in local areas raises various land related problems that ends with conflicts within the community. A conflict that occurs, usually begins with the management of communal land “tanah ulayat” within the adat law community environment, and in this case, land utilization that is managed by the third party (investors). The basic problem is the difference of perception and expectations toward the company that exists in the land which is claimed by the community. Both parties have their own claim on the land based on each legal systems, in this situation adat law or local law faced …
Awards Of The Maritime Arbitration Commission, G. A. Maslov
Awards Of The Maritime Arbitration Commission, G. A. Maslov
Georgia Journal of International & Comparative Law
No abstract provided.
Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev
Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.
Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.
Cultural Encounters, Conflicts, and Resolutions
No abstract provided.
American Muslims: How The “American Creed” Fosters Assimilation And Pluralism, James R. Moore
American Muslims: How The “American Creed” Fosters Assimilation And Pluralism, James R. Moore
Cultural Encounters, Conflicts, and Resolutions
This article examines the status of American Muslims in the United States in relationship to other cultural groups and some of the widespread stereotypes that plague Muslims in contemporary society. Much has been written about the discrimination faced by Muslims, particularly after the September 11, 2001 attacks, spawned by religious, racial, and ethnic bigotry. Some polls show many Americans harbor some prejudices against Muslims, but these prejudices have not resulted in widespread violence or discrimination; although there has been some violence and discrimination experienced by some Muslims, the empirical data show that the majority of American Muslims are very successful …
Table Of Contents, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.
Table Of Contents, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.
Cultural Encounters, Conflicts, and Resolutions
No abstract provided.
Language And The Promised Land: Passage And Migration To A Spanish-Language ‘Third Place’, Kenya C. Dworkin Y Mendez
Language And The Promised Land: Passage And Migration To A Spanish-Language ‘Third Place’, Kenya C. Dworkin Y Mendez
Cultural Encounters, Conflicts, and Resolutions
The Spanish-language anthology Caminos para la paz: Literatura israelí y árabe en castellano (Buenos Aires: Corregidor, 2007) [Paths towards/for Peace: Israeli and Arab literature in Castilian], compiled by Ignacio López-Calvo and Cristián Ricci, offers us a collection of over thirty reflections—some Jewish, others Muslim—about the millennial but also contemporary situation of two literally related and historic peoples in a language—Spanish—that seemingly allows them to inhabit the same, this time uncontested, space. Despite the potentially questionable title of the work, which couches the conflict as that of a nation-state versus a nation and/or two peoples contesting rights to one same land, …
Hannah Arendt And Natives As Extras: Towards An Ontology Of Palestinian Presence?, Francesco Melfi
Hannah Arendt And Natives As Extras: Towards An Ontology Of Palestinian Presence?, Francesco Melfi
Cultural Encounters, Conflicts, and Resolutions
The essay grew out of Hannah Arendt’s reflection on the roles and uses of the mask, a meditation on the ontology of the transient public figure or persona vs. one that restitutes the person to the unadulterated Selbstdenken dimension of the Epicurean philosopher-in-hiding. The author individuates in the resulting caesura between the donning and the taking off of the mask the primal source of that paradox in Hanna Arendt’s political behavior that alternately compelled her to confront the ontological presence of the Palestinian people, and made her withdraw into philosophical hiding without ever really coming to terms with it. In …
Teaching Secondary Mathematics And Science Contents Embedded In Historical And Cultural Contexts: Challenges And Possibilities, Roland Pourdavood
Teaching Secondary Mathematics And Science Contents Embedded In Historical And Cultural Contexts: Challenges And Possibilities, Roland Pourdavood
Cultural Encounters, Conflicts, and Resolutions
Many preservice teachers come to understand that they must cross the boundaries of their own familiar cultural and historical contexts in order to meet the needs of diverse students. This qualitative and descriptive study examines the evolution of secondary preservice teachers’ views on teaching and learning mathematics and science in historical and cultural contexts. Data were collected throughout participants’ enrollment in a semester-long course entitled Perspectives on Science and Mathematics, which is taken in conjunction with student teaching. Data sources included university classroom observations, preservice teachers’ verbal and written responses to class discussions, reading assignments, and course activities. Common themes …
On Confucius’S Ideology Of Aesthetic Order, Li Wang
On Confucius’S Ideology Of Aesthetic Order, Li Wang
Cultural Encounters, Conflicts, and Resolutions
Advocating order, order for all things, and taking order as beauty is the core element of Confucius’s aesthetic ideology. Confucius’s thought of aesthetic order is different from others of the “hundred schools of thoughts” in the pre-Qin period, and is also diverse from the Western value of aesthetic order. Confucius’s thought of aesthetic order has its own unique value system, which has become the mainstream value of aesthetic order in the Chinese society for 2000 years until today, after being integrated with the Chinese feudal imperial system in early Han Dynasty. This paper illustrates Confucius’s ideology of aesthetic order from …
The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr.
The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Georgia Journal of International & Comparative Law
No abstract provided.
Unconscionability Attacks On Arbitration No Longer Tolerated: Torrence Effect On Arbitration Clauses In North Carolina, David Vaught
Unconscionability Attacks On Arbitration No Longer Tolerated: Torrence Effect On Arbitration Clauses In North Carolina, David Vaught
North Carolina Central Law Review
No abstract provided.
Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure
Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure
University of Arkansas at Little Rock Law Review
No abstract provided.
The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll
The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll
Georgia Journal of International & Comparative Law
No abstract provided.
Realizing Rationality: An Empirical Assessment Of International Commercial Mediation, S. I. Strong
Realizing Rationality: An Empirical Assessment Of International Commercial Mediation, S. I. Strong
Washington and Lee Law Review
For decades, parties, practitioners and policymakers have believed arbitration to be the best if not only realistic means of resolving cross-border business disputes. However, the hegemony of international commercial and investment arbitration is currently being challenged in light of rising concerns about increasing formalism in arbitration. As a result, the international community has sought to identify other ways of resolving these types of complex commercial matters, with mediation reflecting the most viable option. Numerous public and private entities have launched initiatives to encourage mediation in international commercial and investment disputes, and the United Nations Commission on International Trade Law (UNCITRAL) …
The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin
The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin
Nevada Law Journal
No abstract provided.
Dispute Settlement Mechanisms Under The Asean Legal Framework, Anbar Jayadi
Dispute Settlement Mechanisms Under The Asean Legal Framework, Anbar Jayadi
Indonesia Law Review
ASEAN has great ambitions. One (or two, even three and more) of them was laid out in ASEAN Economic Blueprint. It is to make ASEAN achieves higher levels of economic dynamism, sustained prosperity, inclusive growth and integrated development,1 visionary indeed. Nonetheless, it is necessary to always think and prepare if disputes happen. How to both face and to the extent, solve a dispute will determine whether ASEAN member states are committed to ASEAN and its ambitions as an intergovernmental organization.2 This book, as a matter of fact, do point out the necessity to examine existing dispute settlement mechanisms and discuss …
The Fate Of Armed Resistance Groups After Peace, David C. Williams
The Fate Of Armed Resistance Groups After Peace, David C. Williams
Indiana Journal of Constitutional Design
No abstract provided.
Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes, Colin Connor
Georgia Journal of International & Comparative Law
No abstract provided.
The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito
The United Nations Convention On The Recognition And Enforcement Of Foreign Arbitral Awards: The First Four Years, A. Jason Mirabito
Georgia Journal of International & Comparative Law
No abstract provided.
Equity In International Law: Its Growth And Development, S. K. Chattopadhyay
Equity In International Law: Its Growth And Development, S. K. Chattopadhyay
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt
Georgia Journal of International & Comparative Law
No abstract provided.
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Georgia Journal of International & Comparative Law
No abstract provided.
Colloquium On Certain Legal Aspects Of Inter-American Cooperation: Establishment Of Mechanisms For The Settlement Of Economic Disputes; Views In The Americas On Basic Questions Relating To The Law Of The Sea, Gabriel M. Wilner, Michael A. Robison, Dr. Enrique E. Bledel, Dr. José J. Caicedo Perdomo, A. A. Fatuoros, Dale Furnish, David A. Gantz, Dr. F. V. García-Amador, Moorhead C. Kennedy, Dr. C. Luppinacci, Dr. Valerie T. Mccomie, Dr. Alfodo Molina Orantes, Francisco Orrego Vicuña, José Pagés, Seymour Rubin, Dean Rusk
Colloquium On Certain Legal Aspects Of Inter-American Cooperation: Establishment Of Mechanisms For The Settlement Of Economic Disputes; Views In The Americas On Basic Questions Relating To The Law Of The Sea, Gabriel M. Wilner, Michael A. Robison, Dr. Enrique E. Bledel, Dr. José J. Caicedo Perdomo, A. A. Fatuoros, Dale Furnish, David A. Gantz, Dr. F. V. García-Amador, Moorhead C. Kennedy, Dr. C. Luppinacci, Dr. Valerie T. Mccomie, Dr. Alfodo Molina Orantes, Francisco Orrego Vicuña, José Pagés, Seymour Rubin, Dean Rusk
Georgia Journal of International & Comparative Law
No abstract provided.
Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, Hiro N. Aragaki
Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, Hiro N. Aragaki
Indiana Law Journal
In recent years, the U.S. Supreme Court has helped transform arbitration law into a radical private-ordering regime in which freedom of contract has come to eclipse public regulation. Arbitration jurisprudence justifies this transformation in part on a profound and longstanding commitment to the ideal of individual autonomy, understood as the freedom—lacking in litigation—to select a disputing process best suited to one’s needs.
In this Article, I question the cogency of this justification. I argue, first, that autonomy has had different and sometimes conflicting meanings even within arbitration jurisprudence. Second, depending on the meaning one ascribes to autonomy, it is at …
State Legislative Update, M. Katherine Kerbs, Katherine E. Mcmurtrey, Courtney Lauer, Theresa Mullineaux
State Legislative Update, M. Katherine Kerbs, Katherine E. Mcmurtrey, Courtney Lauer, Theresa Mullineaux
Journal of Dispute Resolution
Mediation is a non-binding type of dispute resolution. Mediation is a process where a neutral, third party with no authoritative decision-making power assists parties in a dispute to voluntarily reach a mutually acceptable agreement. The legal community has encouraged alternative dispute resolution, including mediation. With mediation as the primary alternative dispute resolution type in the federal district courts, it is now even more important that legislation surrounding mediation and confidentiality is created. In fact, over half of the ninety-four federal court districts now offer, and in most instances, require mediation.
The English Inheritance—What The First American Colonists Knew Of Mediation And Arbitration, Derek Roebuck
The English Inheritance—What The First American Colonists Knew Of Mediation And Arbitration, Derek Roebuck
Journal of Dispute Resolution
It seems fair to assume that the first American colonists took with them attitudes and practices from home, including the ways in which they routinely resolved disputes. For example, on November 11, 1647 the General Court of the Massachusetts Bay Colony authorized the purchase of Edward Coke’s Reports, First and Second Institutes and Book of Entries, “to the end we may have the better light for making and proceedings about laws.” But does that mean it was natural then for parties with differences to look to litigation for an answer? This Article provides ample evidence of a preference for other …
The Evolution Of Interstate Arbitration And The Peaceful Resolution Of Transboundary Freshwater Disputes, Tamar Meshel
The Evolution Of Interstate Arbitration And The Peaceful Resolution Of Transboundary Freshwater Disputes, Tamar Meshel
Journal of Dispute Resolution
This Article sets out to examine the potential for arbitration to be effectively employed by states in the resolution of transboundary freshwater disputes. Part II will describe the unique nature of TFDs, briefly examine the international law principles governing such disputes as well as the main mechanisms used for their resolution, and evaluate their adequacy. Part III will suggest a new approach to interstate arbitration, intended to ‘revive’ it in the context of TFD resolution. The first element of this approach calls for a return to the original purpose and true nature of arbitration, which rather than constituting a purely …