Culture As A Success Factor In International M&A Dispute Processes, 2014 Selected Works
Culture As A Success Factor In International M&A Dispute Processes, Art Gemmell
art gemmell
It is undoubtedly true that most M&A practitioners do a fine job of focusing on the deal before them. Great attention is paid to the legalities and accounting intricacies necessary to advance their clients’ interests. However, beyond ensuring that financial statements are GAPP compliant; beyond ensuring that all appropriate material has been disclosed; beyond wordsmithing representations and warranties; there is a broader perspective, I would suggest, necessary to increase the likelihood of success for ones’ clients: culture.
Arbitration's Counter-Narrative: The Religious Arbitration Paradigm, 2014 Pepperdine University
Arbitration's Counter-Narrative: The Religious Arbitration Paradigm, Michael Helfand
Michael A Helfand
Arbitration theory and doctrine is dominated by an overarching narrative that conceptualizes arbitration as an alternative to litigation. Litigation, one the one hand, is more procedurally rigorous, but takes longer and costs more; arbitration, on the other hand, is faster and cheaper, but provides fewer procedural safeguards. But notwithstanding these differences, both arbitration and litigation ultimately serve the same purpose: resolving disputes. Indeed, this narrative has been pervasive, becoming entrenched not only in recent Supreme Court decisions, but also garnering support from both arbitration critics and supporters alike.
This Article, however, contends that this exclusive focus on arbitration’s standard narrative …
Negotiation: Strategy, Style, Skills, 2014 Hamline University
Negotiation: Strategy, Style, Skills, Kenneth Fox, Nadja Alexander, Jill Howieson
Kenneth H Fox
Negotiation: Strategy Style Skills, 3rd ed. provides the reader with the tools to confidently engage in constructive and principled negotiation practice. Negotiation is the principal day-to-day activity of most professionals.
International Arbitration Rules And Their Effect On The Merits Of Energy Sector Disputes, 2014 George Washington University Law School
International Arbitration Rules And Their Effect On The Merits Of Energy Sector Disputes, Brian Abbas
Brian Abbas
International Arbitration Rules and Their Effect on the Merits of Energy Sector Disputes Many countries around the world rely on the energy sector for industry, national security, mobility, economy, and countless other benefits. The importance of the energy sector makes disputes likely and necessitates dispute resolution mechanisms. Through International Investment Agreements (IIAs), arbitration has become an integral part of the dispute resolution process in international energy sector disputes. Thus, understanding the arbitration rules and how choosing one set of rules can affect the outcome of an international energy sector dispute becomes an important task. The most prevalent arbitration rules are …
How Urgent Shall An Emergency Be. The Standards Required To Grant Urgent Relief By Emergency Arbitrators, 2014 Universidad Panamericana, Guadalajara
How Urgent Shall An Emergency Be. The Standards Required To Grant Urgent Relief By Emergency Arbitrators, Edgardo Muñoz
Edgardo Muñoz
In recent years, many arbitration institutions have adopted so-called ‘emergency relief rules’. These rules allow parties to request an ‘emergency arbitrator’ to issue interim measures before the arbitral tribunal is constituted. The author submits that while emergency arbitrators might apply the same substantive requirements that arbitral tribunals apply for granting interim relief, the standard required to meet each substantive requirement shall be different. In addition, the author explores the power of emergency arbitrators to grant urgent relief ex parte and a particular fact scenario where emergency arbitrators will add imminent value to the process of arbitration.
Crime Victims And Offenders Face To Face: An Overview Of The Tdcj Victim Offender Mediation/Dialogue, 2014 Texas Tech University
Crime Victims And Offenders Face To Face: An Overview Of The Tdcj Victim Offender Mediation/Dialogue, Richard B. Keeton
Richard B. Keeton, Esq.
This paper focuses on the Victim Offender Mediation/Dialogue program unique to the Texas Department of Criminal Justice. Victim offender mediation is "a process that provides interested victims an opportunity to meet their offender, in a safe and structured setting, and engage in a mediated discussion of the crime." The goal is to hold offenders directly accountable for their actions while providing support and assistance to the victims. With the assistance of a trained mediator, the victim is able to tell the offender about the crime's physical, emotional, and financial impact, while receiving answers to lingering questions about the crime and …
Massachusetts Community Mediation Center Grant Program: Fiscal Year 2014 Report & Evaluation, 2014 University of Massachusetts Boston
Massachusetts Community Mediation Center Grant Program: Fiscal Year 2014 Report & Evaluation, Susan Jeghelian, Madhawa Palihapitiya, Kaila O. Eisenkraft
Massachusetts Office of Public Collaboration Publications
The Community Mediation Center Grant Program, funded by the commonwealth and administered by the state’s office of dispute resolution, was established to “promote the broad use of community mediation in all regions of the state” by awarding operating grants to eligible community mediation centers. This annual report describes the progress made in broadening access to community mediation by the grant program under the challenge of reduced state funding in FY 2014. Due to the funding cut, fewer centers were funded in FY 2014 compared to FY 2013, which reduced the quantity of services provided. However, the amount of money per …
Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, 2014 Arizona Summit Law School
Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, Susan S. Daicoff
Susan Daicoff
Professional identity formation as a learning objective in law school may appear to be nontraditional and perhaps even innovative. While perhaps not a new concept, it is not typically an explicit goal of legal education. Empirical data finds that law school has demonstrable effects upon law students’ professional development; it also finds that certain nontraditional skills and competencies (or “soft skills”) make lawyers most effective. This article argues for explicit planning for and inclusion of professional identity development, including training in these nontraditional skills, in legal education. Professional identity encompasses one’s values, preferences, passions, intrinsic satisfactions, emotional intelligence, as well …
Table Of Contents, 2014 Cleveland State University
Table Of Contents
Cultural Encounters, Conflicts, and Resolutions
No abstract provided.
Introduction, 2014 Cleveland State University
Latino Catholicism And Indigenous Heritage As A Subfield Of Latino Studies: A Critical Evaluation Of New Approaches, 2014 DePaul University
Latino Catholicism And Indigenous Heritage As A Subfield Of Latino Studies: A Critical Evaluation Of New Approaches, Elizabeth C. Martinez Ph.D.
Cultural Encounters, Conflicts, and Resolutions
Posed through critical theory on "third-space," and a brief history of Latin American Studies, this article pursues analysis of recent interdisciplinary scholarship in English, to delineate the emergence of a new subfield in Latina/o Catholicism, connected to greater understanding of Indigenous legacy. The article also demonstrates the path of study toward creation of a themed academic issue.
The Representations Of Arab-Muslims Through The Language Lens, 2014 Cleveland State University
The Representations Of Arab-Muslims Through The Language Lens, Abed El-Rahman Tayyara
Cultural Encounters, Conflicts, and Resolutions
The article examines the use of Arabic as a sociolinguistic marker in American films that were released around the time of the events of 9/11/01 and investigates the extent to which stereotypical factors have been continuing in the same vein as in the past. Specifically, this study is a textual analysis of the application of Arabic in five recent films: Three Kings (dir. David O. Russell, 1999), Hidalgo (dir. Joe Johnston, 2004), Kingdom of Heaven (dir. Ridley Scott, 2005), Syriana (dir. Stephen Gaghan, 2005), and Body of Lies (dir. Ridley Scott, 2008). The article demonstrates that …
Religiosity In Constitutions And The Status Of Minority Rights, 2014 Willamette University
Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson
Cultural Encounters, Conflicts, and Resolutions
Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.
This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …
Immigrant Social-Economic Landscape Changes And Ethno-Racial Border Formation In Columbus, Ohio, 2014 Ohio Wesleyan University
Immigrant Social-Economic Landscape Changes And Ethno-Racial Border Formation In Columbus, Ohio, David M. Walker Dr., Jack Schemenauer
Cultural Encounters, Conflicts, and Resolutions
In this study we analyze new immigrant gateways in the U.S. and the role African and Latino immigrants play in reinventing urban spaces while culturally and economically regenerating neighborhoods juxtaposed to orthodox city planning practices. Through this research we aim to further understand how urban space is produced at divergent scales in the era of heightened globalization. Through this understanding we analyze how the contestation over how urban space is used and consumed leads to distinctive forms in the production of urban space and the subsequent unintended formation of newly perceived cultural borders, often based upon race and ethnicity. Through …
Therapeutic Jurisprudence, 2014 College of Law, University of Arizona
Discrimination Cases Of The 2002 Term, 2014 Touro Law Center
Discrimination Cases Of The 2002 Term, Eileen Kaufman
Touro Law Review
No abstract provided.
American And Other National Variations On The Theme Of International Commercial Arbitration, 2014 Tulane University School of Law
American And Other National Variations On The Theme Of International Commercial Arbitration, Thomas E. Carbonneau
Georgia Journal of International & Comparative Law
No abstract provided.
Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, 2014 Pepperdine University
Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman
Pepperdine Law Review
This paper examines the evolution of salary arbitration in professional baseball through the lens of the original 1974 Dick Woodson salary arbitration. Part II discusses the general development of labor relations in professional baseball, with an emphasis on how and why salary arbitration came to be implemented. Part III focuses specifically on Dick Woodson’s salary arbitration and how that experience shaped the immediate evolution of the practice and informed the current state of affairs in Major League Baseball (“MLB”). Part IV discusses MLB’s salary arbitration rules and how the process actually works. Part V addresses prevailing criticisms of baseball style …
User Friendly: Informality And Expertise, 2014 Cornell Law School
User Friendly: Informality And Expertise, Annelise Riles
Annelise Riles
No abstract provided.
Alternative Dispute Resolution In U.S. Bankruptcy Practice, 2014 University of Massachusetts School of Law
Alternative Dispute Resolution In U.S. Bankruptcy Practice, Jacob A. Esher
University of Massachusetts Law Review
The use of ADR in bankruptcy cases, while firmly established in concept across the nation, has been realized in a minority of jurisdictions. Mediation training of judges, lawyers and professionals of other disciplines, together with the continued development of ADR programs, is necessary to achieve the vision of a judicial system in which both adjudicative and non-adjudicative, or negotiative, dispute resolution services are available to all parties in all cases.