Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration Commons

Open Access. Powered by Scholars. Published by Universities.®

5,491 Full-Text Articles 3,730 Authors 2,066,956 Downloads 130 Institutions

All Articles in Dispute Resolution and Arbitration

Faceted Search

5,491 full-text articles. Page 135 of 140.

Derecho De La Seguridad Social En México, Bruno L. Costantini García 2010 ITESM Campus Puebla

Derecho De La Seguridad Social En México, Bruno L. Costantini García

Bruno L. Costantini García

Breve presentación del Derecho de la Segurida Social en México.

¿Qué es?

¿Cómo funciona?

¿Su aplicación?


Is It Necessary To Learn The Language Of Another Culture In Order To Really Understand That Culture? What Are The Implications For Selecting And Training Expatriate Managers?, Nikola S. Georgiev 2010 School of Oriental and African Studies, University of London

Is It Necessary To Learn The Language Of Another Culture In Order To Really Understand That Culture? What Are The Implications For Selecting And Training Expatriate Managers?, Nikola S. Georgiev

Nikola S Georgiev

Is it necessary to learn the language of another culture in order to really understand that culture? What are the implications for selecting and training expatriate managers?


Summary Of Dictor V. Creative Mgmt. Servs., Llc, 126 Nev. Adv. Op. No. 4, Tenesa S. Scaturro 2010 Nevada Law Journal

Summary Of Dictor V. Creative Mgmt. Servs., Llc, 126 Nev. Adv. Op. No. 4, Tenesa S. Scaturro

Nevada Supreme Court Summaries

Appeal of district court order granting summary judgment.


Asia's Role In Global Governance: World Economic Forum Global Redesign Initiative - Singapore Hearing, Kishore Mahbubani, Simon Chesterman 2010 Lee Kuan Yew School of Public Policy

Asia's Role In Global Governance: World Economic Forum Global Redesign Initiative - Singapore Hearing, Kishore Mahbubani, Simon Chesterman

New York University Public Law and Legal Theory Working Papers

Asia has long been underrepresented in institutions of global governance. Recent challenges to those institutions have focused less on their legitimacy than on their effectiveness.

Such engagement reflects a changed approach to sovereignty. Once it was understood primarily as a defense against foreign intervention. The vast majority of Asian governments now understand that collective action does not erode, but instead protects sovereignty. Barriers remain to Asia playing a greater role on the world stage, however. In particular, there is little appetite for true leadership from Asia: Asians want to grow and perpetuate the global system, not revolutionize or reset it ...


The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare 2010 Cornell University

The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare

Articles and Chapters

[Excerpt] This article reports on the results of our recent study of 3,200 arbitration awards issued in employment cases administered under the auspices of FINRA, its predecessor the National Association of Securities Dealers (NASD), and the New York Stock Exchange (NYSE). It responds to Colvin’s call for more empirical research while providing some data on the debate over the fairness of mandatory employment arbitration agreements in the securities industry.

After disclosing the limitations of our study and presenting our findings with regard to the FINRA cases, we consider how these findings bear on the debate about mandatory arbitration ...


Summary Of Great Basin Water Network V. State Eng’R, 126 Nev. Adv. Op. No. 2, Jason VanMeetren 2010 Nevada Law Journal

Summary Of Great Basin Water Network V. State Eng’R, 126 Nev. Adv. Op. No. 2, Jason Vanmeetren

Nevada Supreme Court Summaries

A 2003 amendment to section 533.3702 of the Nevada Revised Statutes, empowering the State Engineer to postpone taking action on water appropriation applications “[for] municipal use,” applies retroactively to applications filed within one year of the 2003 amendment and does not apply to applications filed more than one year prior the amendment.


False Imprisonment As A Tort In India, Hari Priya 2010 NALSAR University of Law

False Imprisonment As A Tort In India, Hari Priya

Hari Priya

The tort of false imprisonment is one of the most severe forms of human rights violation, and this paper aims to define and to understand the concept of false imprisonment as a tort in India. It also seeks to know about the evolution of the notion of false imprisonment as a tort, with reference to Indian and foreign cases, and understand who and when can one be held liable for the tort of false imprisonment. It further deals with the remedies available for the said tort.


Four Ways Of Looking At A Lawsuit: How Lawyers Can Use The Cognitive Frameworks Of Mediation, Jonathan M. Hyman 2010 Rutgers-Newark

Four Ways Of Looking At A Lawsuit: How Lawyers Can Use The Cognitive Frameworks Of Mediation, Jonathan M. Hyman

Washington University Journal of Law & Policy

Lawyers who represent their clients in mediation may often find themselves at odds with their mediators. The mediators may be trying to create new value for the parties, beyond a simple compromise of their legalistic claims and defenses. They may be seeking to repair or improve the parties' relationship, or they may wish to lead the parties to greater mutual understanding. Lawyers, on the other hand, are more likely to engage in adversarial, legalistic bargaining, looking only to gain the most, or to give up the least, through a process of compromise. As a result, the mediators' approaches clash with ...


‘Drive-Thru’ Arbitration In The Digital Age: Empowering Consumers Through Regulated Odr, Amy J. Schmitz 2010 University of Missouri School of Law

‘Drive-Thru’ Arbitration In The Digital Age: Empowering Consumers Through Regulated Odr, Amy J. Schmitz

Faculty Publications

Online Dispute Resolution (ODR) has been promoted for quickly and conveniently resolving claims using online “drive-thru” processes instead of more costly and time-consuming face-to-face meetings and hearings. Most commentators have nonetheless focused mainly on non-binding or automated bidding processes, perhaps due in part to fairness concerns associated with off-line arbitration. This Article, however, explores the potential for online binding arbitration (OArb), and sheds new light on arbitration as means for empowering consumers to obtain remedies on their e-merchant claims. By moving arbitration online, OArb helps address concerns regarding companies’ use of arbitration clauses to curb consumers’ access to remedies on ...


Foreclosure By Arbitration?, R. Wilson Freyermuth 2010 University of Missouri School of Law

Foreclosure By Arbitration?, R. Wilson Freyermuth

Faculty Publications

The recession and the drastic decline in home values have combined to trigger a wave of foreclosures. Predictably, legislators, policymakers, scholars, and consumer advocates have responded with a wide range of proposals designed to protect distressed mortgagors from losing their homes.


The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John M. Lande, Jean R. Sternlight 2010 University of Missouri School of Law

The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John M. Lande, Jean R. Sternlight

Faculty Publications

This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes and proposes a modest menu of reforms that interested faculty and law schools can largely achieve without investing substantial additional resources.This Article emphasizes the special contributions that alternative dispute resolution (ADR) can provide to legal education more generally. ADR instruction is an important corrective to a curriculum that routinely conveys the erroneous implication ...


Collaborative Lawyers' Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients' Informed Consent To Use Collaborative Law, John M. Lande, Forrest Steven Mosten 2010 University of Missouri School of Law

Collaborative Lawyers' Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients' Informed Consent To Use Collaborative Law, John M. Lande, Forrest Steven Mosten

Faculty Publications

Collaborative Law (CL) is an innovative dispute resolution process that offers significant benefits but also poses significant non-obvious risks. This Article provides a systematic analysis of these possible risks as identified in books written by CL experts, CL practice group websites, social science research, and bar association ethics opinions. In CL, the lawyers and clients sign a "participation agreement" promising to use an interest-based approach to negotiation and fully disclose all relevant information. A key element of CL is the "disqualification agreement" signed by parties (and sometimes by attorneys) which provides that both CL lawyers would be disqualified from representing ...


The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin 2010 IIT Chicago-Kent College of Law

The Evolving Schizophrenic Nature Of Labor Arbitration, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Beyond The Polemics: Realistic Options To Help Divorcing Families Manage Domestic Violence, Elayne E. Greenberg 2010 St. John's University - New York

Beyond The Polemics: Realistic Options To Help Divorcing Families Manage Domestic Violence, Elayne E. Greenberg

Faculty Publications

Children, adult survivors, and their batterers who remain engaged in violence, even after they live apart, are living legacies of the historical perniciousness of domestic violence, a legacy that must change. True, over the past thirty years the politicization of domestic violence has raised public awareness, spurred legislative reforms, and propelled court innovations. However, the children, survivors, and batterers who still live domestic violence after divorce know all too well that all of our political advancements, legal victories, court innovations, and social awareness have not stopped the violence they live within their day-to-day lives. For many of these families, an ...


Fiqh And Canons: Reflections On Islamic And Christian Jurisprudence, Mark L. Movsesian 2010 St. John's University - New York

Fiqh And Canons: Reflections On Islamic And Christian Jurisprudence, Mark L. Movsesian

Faculty Publications

Although American scholarship has begun to address both Christian and Islamic jurisprudence in a serious way, virtually none of the literature attempts to compare the place of law in these two world religions. This Essay begins to compare Islamic and Christian conceptions of law and suggests some implications for contemporary debates about religious dispute settlement. Islam and Christianity are subtle and complex religions. Each has competing strands; each has evolved over millennia and expressed itself differently over time. Moreover, although systematic treatments of Islamic law are beginning to appear in English, much remains available only in languages, like Arabic, that ...


Holistic Strategy For Coming To Grips With The Creeping Legalism Of Labor Arbitration, A, Stephen L. Hayford 2010 University of Missouri School of Law

Holistic Strategy For Coming To Grips With The Creeping Legalism Of Labor Arbitration, A, Stephen L. Hayford

Journal of Dispute Resolution

The commentary that follows is a call to advocates to take back responsibility for settling the disputes that arise during the life of the collective bargaining agreement by becoming more adept negotiators, able and willing to find and engage the truth and unafraid to lead and make difficult decisions. Only then will the legal machinations and contortions that increasingly plague labor arbitration be rendered unnecessary in most circumstances. I assert that the "creeping legalism" of labor arbitration is a symptom of the too-frequent failure of the contractual grievance procedure to resolve difficult disputes. The conundrum that phenomenon presents can be ...


Effect Of Shari'a On The Dispute Resolution Process Set Forth In The Washington Convention, The, Andrew Smolik 2010 University of Missouri School of Law

Effect Of Shari'a On The Dispute Resolution Process Set Forth In The Washington Convention, The, Andrew Smolik

Journal of Dispute Resolution

This article will provide an overview of Shari'a law with respect to arbitration. Section I provides an overview of principles of Shari'a and its development. Section II discusses Islamic jurisprudence and the different schools of Islamic jurisprudence. Section III provides a discussion of the different schools of Islamic jurisprudence. Section IV provides a history of arbitration in the Middle East from the period before Muhammad to today. Section V gives a brief overview of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). Sections VI and VI discuss issues regarding ...


Evolving Schizophrenic Nature Of Labor Arbitration, The, Martin H. Malin 2010 University of Missouri School of Law

Evolving Schizophrenic Nature Of Labor Arbitration, The, Martin H. Malin

Journal of Dispute Resolution

Commentators have rightly criticized Pyett for its complete disregard of decades of established precedent. In this article, however, I situate the Pyett decision in the context of an ongoing evolution in labor arbitration as that institution has tried to accommodate the intrusion of public law claims into a private system of workplace self-governance. I suggest that labor arbitration has developed a kind of schizophrenic existence, preserving its role as a substitute for strikes and other workplace strife in a private system of self-governance while accommodating an additional role as a substitute for litigation of public law claims. Nevertheless, I find ...


Fallout From 14 Penn Plaza V. Pyett: Fractured Arbitration Systems In The Unionized Workplace, Ann C. Hodges 2010 University of Missouri School of Law

Fallout From 14 Penn Plaza V. Pyett: Fractured Arbitration Systems In The Unionized Workplace, Ann C. Hodges

Journal of Dispute Resolution

First, the article will review the history of arbitration of statutory employment claims, including the Pyett decision. Second, the article will look at the history and causes of legalism in arbitration. Then the article will consider the probable responses of employers and unions to Pyett. While predictions are necessarily speculative, it is likely that some unionized employers will seek to require employees to arbitrate statutory claims, perhaps in higher percentages than in the nonunion workplace. While unions may, and perhaps should, resist, many future collective bargaining agreements (CBAs) may contain such provisions. The article then discusses the alternative dispute resolution ...


Third Circuit Buyers Beware: District Court In Litman Holds Unconscionability Defense Contravened By Federal Arbitration Act, David C. Winters 2010 University of Missouri School of Law

Third Circuit Buyers Beware: District Court In Litman Holds Unconscionability Defense Contravened By Federal Arbitration Act, David C. Winters

Journal of Dispute Resolution

Without even knowing it, just about everyone has agreed to settle disputes through arbitration and has waived any rights to proceed on a class-wide basis. While many consumers do not read the fine print in the agreements they sign, a variety of companies, from cell phone providers to car dealers, have consumers agree in sales contracts to arbitrate any claims and to waive the ability to proceed with a class action claim. This was the scenario in the case of Litman v. Cellco Partnership, in which a New Jersey federal district court held that the plaintiff cell phone customers could ...


Digital Commons powered by bepress