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Articles 31 - 37 of 37
Full-Text Articles in Social and Behavioral Sciences
Mediation, Seng Onn Loong, Dorcas Quek Anderson
Mediation, Seng Onn Loong, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The mediation movement in Singapore was actively revived in the 1990s. Currently, mediation is not only used for private disputes but forms an integral part of the Singapore legal system. It is widely used as a mechanism of dispute resolution in courts, government departments, businesses and other specific industries.
La Vida Es Un Conflicto, Pero Hay Que Llevar Soluciones: La Resolución De Conflicto En Comunidades Rurales De San Ramón Nicaragua A Través De Facilitadores Judiciales Rurales Y Mediación, Marlee Raible
Independent Study Project (ISP) Collection
In rural parts of Nicaragua historically there has not been a lot of access to the justice system. Conflicts have been going unresolved for years leading to a high amount of violence as people take justice into their own hands. The recent implementation of the Rural Judicial Facilitators Program (RJFP) is an effort to provide access to justice directly in rural communities. These facilitators are trained to use mediation as their principal method to resolve conflict.
This study exposes perceptions of mediation and the RJFP from community members, facilitators, and judiciaries. It discusses the key role of the facilitator in …
Holding Standards For Randsome: A Remedial Perspective On Rand Licensing Commitments, Layne S. Keele
Holding Standards For Randsome: A Remedial Perspective On Rand Licensing Commitments, Layne S. Keele
Layne S. Keele
In Apple, Inc. v. Motorola, Inc., 757 F.3d 1286 (Fed. Cir. 2014), the four federal judges who considered the case—Judge Posner by designation at the trial level, and three Federal Circuit judges on appeal—all expressed differing opinions on the question of whether and to what extent extraordinary patent remedies should be available for the infringement of standard-essential patents. This article aims to simplify this muddled and confusing topic.
The article employs a teleological approach, examining the purposes behind remedies in general, the purposes of extraordinary remedies in patent law, and the purposes of RAND commitments (commitments to license standard-essential …
Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments, Locknie Hsu
Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments, Locknie Hsu
Research Collection Yong Pung How School Of Law
The ASEAN landscape on trade and investment dispute mechanisms has been changing significantly over the last 15 years. Such changes have come about partly due to preparations for establishment of the ASEAN Economic Community (AEC) in 2015. An example is the coming into force on 29 March 2012 of the landmark ASEAN Comprehensive Investment Agreement (ACIA), a region-wide treaty in which ASEAN member States have committed to a number of significant investment obligations and dispute settlement mechanisms. Other developments have arisen from the signing of trade and investment agreements between ASEAN and its major trade partners, namely, Australia, New Zealand, …
Normalizing Disability In Families, Mary Crossley
Normalizing Disability In Families, Mary Crossley
Articles
In “Selection against Disability: Abortion, ART, and Access,” Alicia Ouellette probes a particularly vexing point of intersection between ART (assisted reproductive technology) and abortion: how negative assumptions about the capacities of disabled persons and the value of life with disability infect both prospective parents’ prenatal decisions about what pregnancies to pursue and fertility doctors’ decisions about providing services to disabled adults. This commentary on Ouellette’s contribution to the symposium titled “Intersections in Reproduction: Perspectives on Abortion and Assisted Reproductive Technologies" first briefly describes Ouellette’s key points and her article’s most valuable contributions. It then suggests further expanding the frame of …
Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten
Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten
Osgoode Legal Studies Research Paper Series
From a climate perspective, not all investment is equal. Desirable investment in clean energy needs encouragement and protection, while undesirable investment in fossil fuels needs clear policy signals to avoid further investment in destructive activities and stranding more assets. In this paper, evidence is presented on how foreign investor protection provisions in trade and investment agreements tilt the playing field in favor of entrenched incumbents and against urgent action on climate; on the potential for a massive expansion of investor-state litigation and risks to climate policy in proposed trade deals; and on key flaws in recent European Commission proposals to …
The Cape Town Convention’S Improbable-But-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism, Charles W. Mooney Jr.
The Cape Town Convention’S Improbable-But-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism, Charles W. Mooney Jr.
All Faculty Scholarship
This Essay is Part Two of a two-part essay series that outlines and evaluates two possible future international instruments. Each instrument draws substantial inspiration from the Cape Town Convention and its Aircraft Protocol (together, the “Convention”). The Convention governs the secured financing and leasing of large commercial aircraft, aircraft engines, and helicopters. It entered into force in 2006. It has been adopted by sixty-six Contracting States (fifty-eight of which have adopted the Aircraft Protocol), including the U.S., China, the E.U., India, Ireland, Luxembourg, Russia, and South Africa.
This Part of the Essay explores whether an investor-state dispute settlement (ISDS) feature …