Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Politics (29)
- Law and Society (20)
- Social and Behavioral Sciences (18)
- Litigation (17)
- Courts (15)
-
- International Law (15)
- Natural Resources Law (13)
- Public Law and Legal Theory (13)
- Administrative Law (12)
- Environmental Law (12)
- Human Rights Law (12)
- Constitutional Law (11)
- Jurisprudence (11)
- Law and Economics (11)
- Legislation (11)
- State and Local Government Law (10)
- Civil Rights and Discrimination (9)
- Criminal Law (9)
- Criminal Procedure (9)
- Legal Ethics and Professional Responsibility (9)
- Public Affairs, Public Policy and Public Administration (9)
- Water Law (9)
- Comparative and Foreign Law (8)
- Energy and Utilities Law (8)
- Jurisdiction (8)
- Land Use Law (8)
- Legal Education (8)
- Oil, Gas, and Mineral Law (8)
- Institution
- Publication Year
- Publication
-
- ExpressO (9)
- Kaitlyn E Tucker (3)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (3)
- Articles in Law Reviews & Other Academic Journals (2)
- Pepperdine Dispute Resolution Law Journal (2)
-
- All Faculty Scholarship (1)
- Arbitration Law Review (1)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (1)
- Carol Pauli (1)
- Erin Ryan (1)
- Hillary A Henderson (1)
- Justin Schwartz (1)
- Master's Theses (1)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (1)
- Nehal A. Patel (1)
- Nevada Law Journal (1)
- Richard W Hurd (1)
- Sari M Graben (1)
- Scholarly Works (1)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (1)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (1)
- Tomer Broude (1)
- UF Law Faculty Publications (1)
- Zeina Jallad (1)
- Publication Type
- File Type
Articles 1 - 30 of 38
Full-Text Articles in Dispute Resolution and Arbitration
The Media, A Polarized America & Adr Tools To Enhance Understanding Of Perspectives, Ginsey Varghese Kramarczyk
The Media, A Polarized America & Adr Tools To Enhance Understanding Of Perspectives, Ginsey Varghese Kramarczyk
Pepperdine Dispute Resolution Law Journal
This article will survey: (1) the intended role of the media in a democracy; (2) the current polarized political climate in the United States; (3) the challenges facing the twenty-first century with the growth of technology, cable news, and online platforms; (4) the media's role in perpetuating conflict; and (5) propose that media professionals use Alternative Dispute Resolution (ADR) tools and processes to increase the public’s understanding of differing perspectives in our conflict-laden political discourse.
Developing Communities Of Dialogue, Jonathan R. Cohen
Developing Communities Of Dialogue, Jonathan R. Cohen
UF Law Faculty Publications
We live in an age where American political discourse has become highly antagonistic. Such hostile discourse may influence not just our politics but also our private lives, for the abrasiveness that we witness in political life can readily spill over into our homes, our schools, and the other realms that we inhabit. How can we resist the spread of such antagonism? This Essay makes two basic claims. First, it is important that we consider dialogue as both an individual phenomenon and as a community-based phenomenon. How we speak with one another is a function of both our individual proclivities and …
Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli
Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli
Carol Pauli
News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today's politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment. This article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the capacity …
Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg
Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg
Arbitration Law Review
No abstract provided.
Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli
Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli
Pepperdine Dispute Resolution Law Journal
News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today's politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment. This article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the capacity …
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad
The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad
Zeina Jallad
The Power of the Body:
Analyzing the Logic of Law and Social Change in the Arab Spring
Abstract:
Under conditions of extreme social and political injustice - when human rights are under the most threat - rational arguments rooted in the language of human rights are often unlikely to spur reform or to ensure government adherence to citizens’ rights. When those entrusted with securing human dignity, rights, and freedoms fail to do so, and when other actors—such as human rights activists, international institutions, and social movements—fail to engage the levers of power to eliminate injustice, then oppressed and even quotidian …
Conflating Politics And Development? Examining Investment Treaty Arbitration Outcomes, Susan Franck
Conflating Politics And Development? Examining Investment Treaty Arbitration Outcomes, Susan Franck
Articles in Law Reviews & Other Academic Journals
International dispute settlement is an area of ongoing evaluation and tension within the international political economy. As states continue their negotiations for the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), the efficacy of international arbitration as a method of dispute settlement remains controversial. Whereas some sing its praises as a method of protecting private property interests against improper government interference, others decry investment treaty arbitration (ITA) as biased against states. The literature has thus far not disentangled how politics and development contribute to investment dispute outcomes. In an effort to control for the effect of internal …
Behavioral International Law, Tomer Broude
Behavioral International Law, Tomer Broude
Tomer Broude
Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Mediating Theft, Kaitlyn E. Tucker
Mediating Theft, Kaitlyn E. Tucker
Kaitlyn E Tucker
In the attached short article, I argue for a change in the punishment scheme in non-violent theft crimes. Specifically, I outline a new Victim-Offender Mediation program and then argue how and why it should integrate into the criminal justice system to advance restorative justice as a viable method for punishment in America. I describe restorative justice as a model for punishment and Victim-Offender Mediation specifically as a restorative technique. I then explain why our criminal justice system needs Victim-Offender Mediation. The nation faces unprecedented numbers of prisoners and costs to run prison facilities, in addition to the disparate number of …
Mediating Theft, Kaitlyn E. Tucker
Mediating Theft, Kaitlyn E. Tucker
Kaitlyn E Tucker
In the attached short article, I argue for a change in the punishment scheme in non-violent theft crimes. Specifically, I outline a new Victim-Offender Mediation program and then argue how and why it should integrate into the criminal justice system to advance restorative justice as a viable method for punishment in America. I describe restorative justice as a model for punishment and Victim-Offender Mediation specifically as a restorative technique. I then explain why our criminal justice system needs Victim-Offender Mediation. The nation faces unprecedented numbers of prisoners and costs to run prison facilities, in addition to the disparate number of …
Mediating Theftv, Kaitlyn E. Tucker
Mediating Theftv, Kaitlyn E. Tucker
Kaitlyn E Tucker
In the attached short article, I argue for a change in the punishment scheme in non-violent theft crimes. Specifically, I outline a new Victim-Offender Mediation program and then argue how and why it should integrate into the criminal justice system to advance restorative justice as a viable method for punishment in America. I describe restorative justice as a model for punishment and Victim-Offender Mediation specifically as a restorative technique. I then explain why our criminal justice system needs Victim-Offender Mediation. The nation faces unprecedented numbers of prisoners and costs to run prison facilities, in addition to the disparate number of …
Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison
Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison
Sari M Graben
The United Nations Commission on the Limits of the Continental Shelf is expected to play an essential role in delineating the rights of the Arctic states to sea bed resources in the Arctic Ocean. Positivist theories of international law generally source Arctic state compliance to the binding effect of Article 76 of the UN Convention on the Law of the Sea. However, positivist explanations fail to answer why the Arctic states, which are authorized to establish their own limits, would accept the sovereignty costs associated with the Commission’s legal and scientific interpretations. In order to better understand how the Commission …
Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma
Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma
Master's Theses
Re-evaluating Peacebuilding in the Democratic Republic of Congo: A case study in Dongo
The Democratic Republic of Congo (Congo) is a country rich with natural resources centered in the heart of Africa. Since the colonial era, the country has seen more bloodshed than peace and development. From 1996 to 2003, Congo experienced the worst conflict since World War II, with over six million people dead. Despite having the largest United Nations peacekeeping troops present; Congo continues to be plagued by violence. This research thesis argues that the international community failed to promote a lasting peace in Congo because the international …
Report Surveys Colorado River Basin Leaders: Collaborative Approaches To Dwindling Supplies Are Highlighted, Sarah Bates, University Of Montana Missoula. Center For Natural Resources And Environmental Policy
Report Surveys Colorado River Basin Leaders: Collaborative Approaches To Dwindling Supplies Are Highlighted, Sarah Bates, University Of Montana Missoula. Center For Natural Resources And Environmental Policy
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
4 pages.
Press release "April 14, 2011"
"Executive Summary April 2011" of report, Thinking Like a River Basin: Leaders' Perspectives on Options and Opportunities in Colorado River Management
Full report available at:
http://www.carpediemwest.org/wp-content/uploads/Thinking_Like_A_River_Basin_8-20-13.pdf
Collective Choice, Justin Schwartz
Collective Choice, Justin Schwartz
Justin Schwartz
This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …
Contesting The Dinosaur Image: The Labor Movement’S Search For A Future, Richard W. Hurd
Contesting The Dinosaur Image: The Labor Movement’S Search For A Future, Richard W. Hurd
Richard W Hurd
[Excerpt] But the increased effectiveness of labor's political activities has not resulted in major improvements legislatively, and now there is a hostile President who opposes nearly every aspect of the union policy agenda. The promise for the future lies in the demonstrated ability to mobilize at the grassroots. But there are recent signs that national unions are breaking ranks and pursuing narrow self interest. The USWA joined with the steel industry to persuade the Bush administration to restrict imports, and even hinted at a possible endorsement for his reelection in 2004 (Murray). The UMWA has praised the president's energy policy, …
Judges Judging Judicial Candidates: Should Currently Serving Judges Participate In Commissions To Screen And Recommend Article Iii Candidates Below The Supreme Court Level?, Mary Clark
Articles in Law Reviews & Other Academic Journals
In the lead-up to the 2008 presidential election, the American Bar Association (ABA), among others, called upon the next president to reform the federal judicial selection process by using bipartisan commissions to screen and recommend Article III candidates for presidential nomination and Senate confirmation below the Supreme Court level. This proposal may well find support in the Obama administration, given the new president’s emphasis on bipartisan consensus-building and transparency of government operations. This Article addresses one question that the ABA and others have not: Should currently serving judges participate in bi-partisan commissions to screen and recommend Article III candidates below …
Reporting On Palin: Negotiations In Political Theater, Erin Ryan
Reporting On Palin: Negotiations In Political Theater, Erin Ryan
Erin Ryan
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: J.B. Ruhl, Florida State University Law School
18 slides
Federalism And Natural Resources Policy [Outline], Robert L. Fischman
Federalism And Natural Resources Policy [Outline], Robert L. Fischman
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
2 pages.
"Robert L. Fischman, Indiana University School of Law–Bloomington"
"Outline of Presentation"
Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle
Private Rights And Collective Governance: A Functional Approach To Natural Resources Law, Eric T. Freyfogle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
4 pages.
"Eric T. Freyfogle, Max L. Rowe Professor of Law, University of Illinois College of Law"
Summary Of Presentation: Climate Of Environmental Justice Conference, Michael B. Gerrard
Summary Of Presentation: Climate Of Environmental Justice Conference, Michael B. Gerrard
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Michael B. Gerrard, Partner, Arnold & Porter LLP, New York, NY
2 pages.
The Un: A Situation Report, Benjamin Zawacki
The Un: A Situation Report, Benjamin Zawacki
ExpressO
The UN: A Situation Report is a review of two recent books on the past, present, and future of the UN; in short, of its relevance in a changing and uni-polar world at the end of Kofi Annan’s two terms as Secretary-General. The books’ focus is both on the organization’s successes and failures, and its efforts at self-reform in the face of near-constant criticism. They are reviewed as individually divergent in quality but as a formidable “situation report” when read in tandem. Paul Kennedy’s The Parliament of Man, save for its first of three parts, is generally criticized for its …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Review Essay: Using All Available Information, Max Huffman
Review Essay: Using All Available Information, Max Huffman
ExpressO
This is a review essay entitled “Using All Available Information,” in which I review and comment on Justice Stephen Breyer’s new book, Active Liberty: Interpreting Our Democratic Constitution, published in September 2005. Justice Breyer’s book, adapted from the Tanner Lectures given in 2005 at Harvard Law School, serves partly as a response to Justice Scalia’s 1997 volume A Matter of Interpretation: Federal Courts and the Law. I review Justice Breyer’s book in part by comparison to and contrast with Justice Scalia’s. I propose that much about Justice Breyer’s interpretive philosophy, which centers on determining the “purposes” of texts and interpreting …
The Unexplored Option: Jewish Settlements In A Palestinian State, David M. Phillips
The Unexplored Option: Jewish Settlements In A Palestinian State, David M. Phillips
ExpressO
The withdrawal of Israeli settlers and soldiers from the Gaza Strip, the recent Hamas victory in the Palestinian Authority elections, and the results of the Israeli elections in which the newly-formed Kadima Party received a plurality of the votes have all focused attention upon the fate of Israeli Jewish settlements on the West Bank. Most parties consider the continued existence of the settlements as precluding a peaceful resolution of the Israeli-Palestinian conflict and their establishment as having violated international law. The assumption that their presence precludes peace is premised primarily on the assumption that Israeli settlements will eventually mean Israeli …
Restorative Justice, Slavery And The American Soul, A Policy-Oriented Approach To The Question Of Slavery Reparations By The United States, Michael F. Blevins
Restorative Justice, Slavery And The American Soul, A Policy-Oriented Approach To The Question Of Slavery Reparations By The United States, Michael F. Blevins
ExpressO
This LL.M. Intercultural Human Rights thesis (May, 2005), awarded the best student paper prize for 2005 by the Institute of Policy Sciences at Yale University (in October, 2005), after analysing past and curent issues regarding the culture wars controversy of "reparations", proposes a specific process for establishing Truth and Reconciliation regarding the legacy of slavery in the United States. The proposal recommends commissions in each Federal judicial district under the supervision of a U.S. Slavery Justice and Reconciliation Commission (USSJRC), calling for "America's 21st Century Contract with Africa and African-Americans".