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Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile 2017 Notre Dame Law School

Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile

Fernand "Tex" N. Dutile

No abstract provided.


Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons 2017 Boston College Law School

Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons

Daniel Lyons

No abstract provided.


Negotiating And Mediating Brexit, Horst Eidenmüller 2017 Pepperdine University

Negotiating And Mediating Brexit, Horst Eidenmüller

Pepperdine Law Review

The United Kingdom will leave the European Union. Brexit will involve many complex negotiations. This article analyses the negotiation position of the parties (UK, EU, Member States) based on a set of four key negotiation factors: agreement options, nonagreement alternatives, interests, and perceptions. A special focus here is on the effect of triggering the formal withdrawal process under the Treaty on European Union’s Article 50 on the non-agreement alternatives of the parties. The article considers the likely negotiation strategy of the UK against this background. It further discusses strategic negotiation moves already made by the parties and moves likely ...


The New Bond Workouts, William W. Bratton, Adam J. Levitin 2017 University of Pennsylvania Law School

The New Bond Workouts, William W. Bratton, Adam J. Levitin

Faculty Scholarship

Bond workouts are a famously dysfunctional method of debt restructuring, ridden with opportunistic and coercive behavior by bondholders and bond issuers. Yet since 2008 bond workouts have quietly started to work. A cognizable portion of the restructuring market has shifted from bankruptcy court to out-of-court workouts by way of exchange offers made only to large institutional investors. The new workouts feature a battery of strong-arm tactics by bond issuers, and aggrieved bondholders have complained in court. The result has been a new, broad reading of the primary law governing workouts, section 316(b) of the Trust Indenture Act of 1939 ...


Chaos Management: Negotiating With Donald Trump: Lessons From The Legal Profession?, John Wade 2017 Bond University

Chaos Management: Negotiating With Donald Trump: Lessons From The Legal Profession?, John Wade

John Wade

As I watched Donald Trump’s behaviour on TV and internet over the last few weeks, it brought back memories of a former life as a lawyer and mediator. Some lawyer litigators—definitely not all—behave in a similar manner. What is that pattern? What are the standard counter moves and responses used by negotiating lawyers when they meet a Donald Trump clone?   When is this predictable pattern appropriate---or not? I will suggest possible answers to these three questions.  The answers may reduce individual and global anxiety ---or not.


The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai 2017 Archival Magazine

The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai

Pace International Law Review

On January 17, 2016, in a statement following his signing of the Joint Comprehensive Plan of Action (JCPOA) with Iran, President Obama addressed that country’s people, stating that “yours is a great civilization, with a vibrant culture that has so much to contribute to the world – in commerce, and in science and the arts.” While the former U.S. President’s evaluation of the Iranian people’s greatness is indisputable, there are questions concerning doing business with Iran which transcend conventional legal issues and commercial problems.

Given the juxtaposition of Iran’s duopolistic government structure and ideologically oriented decision-making ...


Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro 2017 Harvard University

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine ...


The Corporate Exploitation Of Fundamental Rights: A Nation Of Arbitration, Melanie A. Carlson 2017 Claremont McKenna College

The Corporate Exploitation Of Fundamental Rights: A Nation Of Arbitration, Melanie A. Carlson

CMC Senior Theses

This thesis is an in-depth discussion and analysis of the alternative dispute resolution process of arbitration in the United States. It begins by providing a basic explanatory overview of arbitration clauses and the arbitration process. It then goes on to highlight the various benefits over traditional court litigation that arbitration has to offer. From there, the paper presents a detailed discussion of the many shortcomings of the arbitration process. It identifies the overall lack of procedural fairness that exists in arbitration today due to the fact that arbitration currently tends to favor businesses over consumers and workers during dispute settlements ...


Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, Chad P. Bown, Rachel Brewster 2017 Duke Law School

Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, Chad P. Bown, Rachel Brewster

Faculty Scholarship

This paper examines the Article 22.6 arbitration report of the WTO dispute over the United States’ country of original labeling (US-COOL) regulation for meat products. At prior phases of the legal process, a WTO Panel and the Appellate Body had sided with Canada and Mexico by finding that the US regulation had negatively affected their exports of livestock – cattle and hogs – to the US market. The arbitrators authorized Canada and Mexico to retaliate by over $1 billion against US exports; this is the second largest authorized retaliation on record and only the twelfth WTO dispute to reach the stage ...


Alternative Dispute Resolution As A Tool To Overcome Access To Justice Impediments And Institutional Dysfunction In Mexic, Edgardo Muñoz 2016 Universidad Panamericana, Guadalajara

Alternative Dispute Resolution As A Tool To Overcome Access To Justice Impediments And Institutional Dysfunction In Mexic, Edgardo Muñoz

Edgardo Muñoz

In recent years, Mexico has undergone a series of legal reforms purported to address the internal deficiencies of its judicial system. Along these reforms, the States and the Federation have enacted new laws that create Alternative Dispute Resolution (“ADR”) centers for the resolution of civil and business complaints.
In line with other international examples, ADR mechanisms are helping to overcome the obstacles to access justice in Mexico. ADR has provided Mexico with a venue for conflict settlement that is free from the institutional dysfunction that characterizes its judicial system. Some of the ADR centers administered by State courts have reported ...


Awards Of The Maritime Arbitration Commission, G. A. Maslov 2016 University of Georgia School of Law

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 2016 University of Georgia School of Law

Application Of Law By The Maritime Arbitration Commission In Settling Disputes, Sergei N. Lebedev

Georgia Journal of International & Comparative Law

No abstract provided.


Contents, 2016 University of Georgia School of Law

Contents

Georgia Journal of International & Comparative Law

No abstract provided.


Mediation In Environmental Conflicts: The Belgian Methodology, Catherine Zwetkoff 2016 University of New Hampshire

Mediation In Environmental Conflicts: The Belgian Methodology, Catherine Zwetkoff

RISK: Health, Safety & Environment

Dr. Zwetkoff analyzes the effectiveness and feasibility of using traditional ADR techniques to resolve environmental disputes in Belgium.


Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons 2016 Boston College Law School

Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Table Of Contents, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D. 2016 Cleveland State University

Table Of Contents, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.


Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D. 2016 Cleveland State University

Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.


Hannah Arendt And Natives As Extras: Towards An Ontology Of Palestinian Presence?, Francesco Melfi 2016 Cleveland State University

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 ...


American Muslims: How The “American Creed” Fosters Assimilation And Pluralism, James R. Moore 2016 Cleveland State University

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 ...


Language And The Promised Land: Passage And Migration To A Spanish-Language ‘Third Place’, Kenya C. Dworkin y Mendez 2016 Carnegie Mellon University

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 ...


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