Law Commons^™

Cpaa V Canada Post Corp, Innis Christie

Innis Christie Collection

The Grievor was Part-time Assistant in the Post Office at Berwick, Nova Scotia. The grievance alleges that he was suspended without cause. The Union claims that the discipline is unjustified, discriminatory, and not in accordance with notice requirements and time limits in the Collective Agreement. Complaints of harassment were made against the Grievor which were passed on to the Human Rights Officer. A memorandum of settlement was signed by the parties agreeing to waive time limits until completion of an investigation. The claims were substantiated and a letter of discipline sent to the Grievor. The Union's position is that no …

The Oregon Watershed Health Program: Local Empowerment To Restore Watersheds, Mary Lou Soscia

Sustainable Use of the West's Water (Summer Conference, June 12-14)

9 pages.

Washington State Initiatives For Sustainable Water Use, Kenneth O. Slattery

Sustainable Use of the West's Water (Summer Conference, June 12-14)

8 pages.

Water Rights And The Commonwealth, Eric T. Freyfogle

Sustainable Use of the West's Water (Summer Conference, June 12-14)

20 pages.

Conservation At The Zuni Pueblo: Lessons In Sustainability, James E. Enote

Sustainable Use of the West's Water (Summer Conference, June 12-14)

7 pages.

Contains references.

Managing Reclamation Facilities For Ecosystem Benefits, Lawrence J. Macdonnell

Sustainable Use of the West's Water (Summer Conference, June 12-14)

26 pages.

Contains references.

The Debate: Are Water Rights And Sustainable Water Use Compatible?, Stuart L. Somach

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Contains footnotes and references.

Searching For Sustainable Use Of Montana’S Water: A Series Of Vignettes, Matthew Mckinney

Sustainable Use of the West's Water (Summer Conference, June 12-14)

24 pages.

Contains references.

Regional Water Planning In New Mexico: An Opportunity For Citizen Involvement In State Government, Lucy Moore

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Contains references.

The Henry’S Fork: Finding Mutual Interest In The Watershed, Janice M. Brown, Dale L. Swensen

Sustainable Use of the West's Water (Summer Conference, June 12-14)

9 pages.

Contains references.

Sustainable Use Of The Denver Basin, Charles B. White

Sustainable Use of the West's Water (Summer Conference, June 12-14)

20 pages.

Contains footnotes.

A Meeting Of Opposites—Is Sustainable Use Of The Columbia River Possible?, John M. Volkman

Sustainable Use of the West's Water (Summer Conference, June 12-14)

47 pages.

Contains footnotes.

Arizona Water Management: New Problems And New Solutions, Herb Dishlip

Sustainable Use of the West's Water (Summer Conference, June 12-14)

12 pages.

Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center

Sustainable Use of the West's Water (Summer Conference, June 12-14)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Teresa A. Rice, Elizabeth A. Rieke and Charles F. Wilkinson.

Sustainable development is on the policy agenda for the '90s. What does sustainability mean? Is it a realistic concept? Are water rights compatible with sustainable use? The Center's 16th annual summer conference will explore the meaning of sustainability in the context of the West's demands, development, and natural values. Presentations by leading experts will address the broad concept of sustainable development, with a particular look at Arizona's experience. The focus will be …

Agriculture’S Cap Experience: Sustainability For Whom?, Paul N. Wilson

Sustainable Use of the West's Water (Summer Conference, June 12-14)

23 pages.

Contains endnotes and references.

Settlement Class Actions And The Limits Of Adjudication, James A. Henderson Jr.

Cornell Law Faculty Publications

This paper is the Comment for a symposium on Individualized Justice, Mass Torts, and "Settlement Class Actions."

Re Maritime Telegraph And Telephone Co And Ac & Twu, Innis Christie

Innis Christie Collection

Preliminary award concerning arbitrability. Preliminary objection upheld in part.

Union grievance alleging breach of the collective agreement between the parties for the periods November 1 (plant workers), November 15 (operator services) and December 27 (clerical workers), 1992 to October 28, 1995, which counsel agreed was to govern this matter, in that the employer's voluntary separation offer effective May 31, 1994, was unfair and unreasonable and discrimi­nated on the basis of sex, contrary to arts. 2.1 and 4.3. Counsel for the employer made a preliminary objection to my jurisdiction to deal with the voluntary separation offer on either of those grounds.

International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg

LLM Theses and Essays

Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …

Department Of Dispute Resolution M.S. Program Student Handbook 1995, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau

Journal Articles

Arbitration consists of a process for resolving disputes in a final and binding manner outside the traditional court system. The rules that govern arbitration provide for flexible proceedings and do not require the strict application of legal rules.

Owing largely to the holdings of the U.S. Supreme Court, arbitration law and procedure have emerged from the obscurity of specialized practice and entered the adjudicatory mainstream.

In 1925, with the enactment of the U.S. Arbitration Act, the U.S. Congress declaredthe rehabilitation of arbitral justice and dispute resolution. These provisionsanticipated, in effect, the modern, world-wide legislative legitimization ofarbitration. Primarily because of the …

Mandatory Arbitration: Where It Has Gone And Where It Has To Go, David A. Lipton

Scholarly Articles

No abstract provided.

Separability, Competence-Competence And The Arbitrator’S Jurisdiction In Singapore, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

The concepts of separability and competence-competence, which promote arbitral autonomy, exist in many jurisdictions. This article surveys the extent of their acceptance in Singapore's domestic and international arbitration law, and suggests that legislative refinements are necessary to remove doubts and resolve conflicts between the law and the SIAC [Singapore International Arbitration Centre] Rules.

Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Phillip A. Buhler

Articles, Book Chapters, & Popular Press

This Article approaches the topic of forum selection from a U.S. perspective. It is reasonable to expect, however, particularly with regard to bills of lading and maritime trade, that the approach of other nations toward international contracts is, or soon will be, very similar. For the sake of simplicity, "choice of law" and "choice of forum" will be addressed together, and referred to as either "choice of forum" or "forum selection." Many contracts only specify a particular forum, while others specify only the application of a particular law. U.S. courts and international conventions have generally taken the same approach to …

Standards Of Conduct For Mediators, John D. Feerick

Faculty Scholarship

In 1992, the American Arbitration Association, the American Bar Association, and the Society of Professionals in Dispute Resolution (SPIDR) formed a joint committee to develop a code of conduct for mediators. After more than two years of work, the committee completed and submitted Standards of Conduct for Mediators for approval to their respective associations. The purpose was to develop a set of standards that could serve as a general framework for mediators, providing them with a helpful tool in their practice. The standards were to be broad enough to cover all types of mediation and flexible enough to evolve over …

Standards Of Professional Conduct In Alternative Dispute Resolution Symposium, John D. Feerick, Carol Izumi, Kimberlee Kovach, Lela Love

Faculty Scholarship

ADR is unique in being interdisciplinary and interprofessional. ADR neutrals perform in a distinctive role and not as members of their own profession. The ADR process demands adherence to policies like voluntariness, respect for party autonomy, and confidentiality, which, in turn, make special ethical demands on ADR neutrals. Thus there are compelling reasons to contemplate an interdisciplinary code of conduct that addresses the professional duties and obligations of ADR neutrals. Standards of conduct for ADR has been a much discussed and debated topic over the past decade, both as to source and content. The two principal sources of standards have …

Symposium, Standards Of Professional Conduct In Alternative Dispute Resolution, Carol L. Izumi

Faculty Scholarship

No abstract provided.

Alternative Dispute Resolution Mechanisms: Experience In The United States, Whitmore Gray

Other Publications

The objective of this portion of our conference on judicial reform is to discuss means to promote swift and fair resolution of disputes. Although much of our discussion will center on reform of basic court systems and civil procedure in various countries, my particular focus is on alternatives to traditional institutions and techniques. These alternatives include a variety of what we might call "courtannexed" procedures, that is, procedures that occur during the course of traditional litigation. I will also consider, however, other procedures that might better be characterized as purely "private" techniques for resolving disputes—those that occur before or at …

Interpreting Insurance Policies, Jeffrey W. Stempel

Scholarly Works

Like any other contract, an insurance policy may become the subject of a legal dispute. When disputes arise over insurance coverage, lawyers must combine their skill in contract interpretation with their knowledge of insurance law, bringing both to bear on the special problems related to this type of contract. Each dispute has unique traits, but a few basic ground rules of contract law and insurance law can help you interpret insurance policies and resolve disputes over insurance coverage.

Cross-Cultural Commerce In Shakespeare's The Merchant Of Venice, Anita L. Allen, Michael R. Seidl

All Faculty Scholarship

No abstract provided.