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C-Drum News, Fall 2016, 2016 University of Maryland Francis King Carey School of Law

C-Drum News, Fall 2016

The C-DRUM News

No abstract provided.


The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll 2016 University of Georgia School of Law

The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Settlement-Seeking In Parenting Cases: A Mock Trial, Noel Semple 2016 Selected Works

Judicial Settlement-Seeking In Parenting Cases: A Mock Trial, Noel Semple

Noel Semple

No abstract provided.


Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky 2016 Brooklyn Law School

Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

The individual plaintiff plays a critical—yet, underappreciated—role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness. The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a wrong has been committed nevertheless, it guarantees the payment of compensation, ex post. No other form of litigation, including class actions and criminal prosecutions, or even compensation funds, can accomplish the same result. Yet, as we show in this Essay, in many key ...


The Fate Of Armed Resistance Groups After Peace, David C. Williams 2016 Indiana University Maurer School of Law

The Fate Of Armed Resistance Groups After Peace, David C. Williams

Indiana Journal of Constitutional Design

No abstract provided.


The Influence Of Arbitrator Background And Representation On Arbitration Outcomes, Stephen Choi, Jill E. Fisch, Adam C. Pritchard 2016 NYU Law School

The Influence Of Arbitrator Background And Representation On Arbitration Outcomes, Stephen Choi, Jill E. Fisch, Adam C. Pritchard

Jill Fisch

No abstract provided.


The Influence Of Arbitrator Background And Representation On Arbitration Outcomes, Stephen Choi, Jill E. Fisch, Adam C. Pritchard 2016 NYU Law School

The Influence Of Arbitrator Background And Representation On Arbitration Outcomes, Stephen Choi, Jill E. Fisch, Adam C. Pritchard

Jill Fisch

No abstract provided.


Teaching Corporate Governance Through Shareholder Litigation, Jill E. Fisch 2016 University of Pennsylvania Law School

Teaching Corporate Governance Through Shareholder Litigation, Jill E. Fisch

Jill Fisch

No abstract provided.


Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger 2016 University of Missouri School of Law

Internal Dispute Resolution: The Transformation Of Civil Rights In The Workplace, John M. Lande, Lauren B. Edelman, Howard S. Erlanger

Lauren Edelman

Many employers create internal procedures for the resolution of discrimination complaints. We examine internal complaint handlers' conceptions of civil rights law and the implications of those conceptions for their approach to dispute resolution. Drawing on interview data, we find that complaint handlers tend to subsume legal rights under managerial interests. They construct civil rights law as a diffuse standard of fairness, consistent with general norms of good management. Although they seek to resolve complaints to restore smooth employment relations, they tend to recast discrimination claims as typical managerial problems. While the assimilation of law into the management realm may extend ...


Resolving Intrastate Conflicts Of Laws: The Example Of The Federal Arbitration Act, Andrew D. Bradt 2016 University of California, Berkeley School of Law (Boalt Hall)

Resolving Intrastate Conflicts Of Laws: The Example Of The Federal Arbitration Act, Andrew D. Bradt

Andrew D. Bradt

Choice-of-law analysis is typically thought of as confined to the multistate setting. This is a mistake. To the contrary, conflicts often appear between statutes of a single state. Unfortunately, courts do not see these cases as “choice-of-law” cases. They see them only as problems of statutory interpretation and ignore conflicts of laws instead of resolving them, either by construing the conflicting statutes independently or applying a canon of construction. Here, I examine the benefits of importing choice-of-law tools—particularly the tools of governmental-interest analysis—into the resolution of intrastate conflicts of laws. When two laws promulgated by the same sovereign ...


Nelson Mandela As Negotiator: What Can We Learn From Him?, Harold I. Abramson 2016 Touro Law Center

Nelson Mandela As Negotiator: What Can We Learn From Him?, Harold I. Abramson

Harold I. Abramson

This article considers how “the greatest negotiator of the twentieth century,” Nelson Mandela, approached negotiating the unbanning of the African National Congress (ANC), the dismantling of apartheid, and his own freedom after twenty-seven years of imprisonment. He employed classically good negotiation practices in the face of intense and violent opposition while confined in prison for life. If he could be successful, why cannot lawyers succeed when facing less daunting disputes?

This article focuses on the period starting in 1985, when Mandela refused an offer to be released if he would condemn violence, until 1990, when President de Klerk gave his ...


Forum Selling And Domain-Name Disputes, Daniel M. Klerman 2016 USC Law School

Forum Selling And Domain-Name Disputes, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

The system for resolving domain-name disputes is unique in that it gives the complainant, a trademark owner who claims that a domain name violates its mark, the unilateral ability to choose the arbitration provider. As a result, providers, whether motivated by profit or prestige, have incentives to favor the complainant. Empirical analysis confirms that complainants choose providers who are more likely to decide cases for the trademark owner, rather than based on speed. The domain name-dispute resolution system should be modified to allow both complainant trademark owner and respondent domain-name registrant to strike an equal number of arbitration providers. This ...


Shareholder Protection Reloaded-- Redesigning The Matrix Of Shareholder Claims For Reflective Loss, Julien Chaisse 2016 Chinese University of Hong Kong

Shareholder Protection Reloaded-- Redesigning The Matrix Of Shareholder Claims For Reflective Loss, Julien Chaisse

Julien Chaisse

The role of "reflective losses" is of considerable importance both to national company law and to international investment law. However, as a matter of practice and legal theory, domestic courts and international arbitration tribunals come to contrary conclusions as to whether shareholders can recover the loss of share values caused by wrongs done to the company. international arbitration tribunals tend to allow shareholders to recover loss of share value caused by states' breaches of investment treaties. Domestic courts generally bar such recovery under the "no recovery of reflective loss" principle. This Article provides an exhaustive account of investment awards that ...


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 2016 University of Georgia School of Law

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 2016 U.S. Patent Office

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 2016 University of London

Equity In International Law: Its Growth And Development, S. K. Chattopadhyay

Georgia Journal of International & Comparative Law

No abstract provided.


Who Has Benefited Financially From Investment Treaty Arbitration? An Evaluation Of The Size And Wealth Of Claimants, Gus Van Harten 2016 Osgoode Hall Law School of York University

Who Has Benefited Financially From Investment Treaty Arbitration? An Evaluation Of The Size And Wealth Of Claimants, Gus Van Harten

Gus Van Harten

We collected data on the size and wealth of the foreign investors that have brought claims and received compensation due to ISDS. Our main findings are that the beneficiaries of ISDS, in the aggregate, have overwhelmingly been companies with more than USD1 billion in annual revenue – especially extra-large companies with more than USD10 billion – and individuals with more than USD100 million in net wealth. ISDS has produced monetary benefits primarily for those companies or individuals at the expense of respondent states. Incidentally, we also found that extra-large companies’ success rates in ISDS, especially at the merits stage, exceeded by a ...


Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten 2016 Osgoode Hall Law School of York University

Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten

Gus Van Harten

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 ...


Forum Selling, Daniel M. Klerman, Greg Reilly 2016 USC Law School

Forum Selling, Daniel M. Klerman, Greg Reilly

University of Southern California Legal Studies Working Paper Series

Forum shopping is problematic because it may lead to forum selling. For diverse motives, including prestige, local benefits, or re-election, some judges want to hear more cases. When plaintiffs have wide choice of forum, such judges have incentives to make the law more pro-plaintiff, because plaintiffs choose the court. While only a few judges may be motivated to attract more cases, their actions can have large effects, because their courts will attract a disproportionate share of cases. For example, judges in the Eastern District of Texas have distorted the rules and practices relating to case assignment, joinder, discovery, transfer, and ...


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 2016 University of Georgia School of Law

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.


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