Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Public Justice, Private Dispute Resolution And Democracy, Trevor C. W. Farrow
Public Justice, Private Dispute Resolution And Democracy, Trevor C. W. Farrow
Comparative Research in Law & Political Economy
This paper is about the widespread and systematic privatization of the public civil justice system. In particular, it: (1) documents the move to privatize civil disputes across all aspects of the justice system (including courts, administrative tribunals and state-sanctioned arbitration regimes), (2) looks at some of the benefits and drawbacks of privatization, specifically including negative impacts on systems of democratic governance, and (3) identifies justice - rather than efficiency - as the primary benchmark by which civil justice reform initiatives should be judged.
Judicial Review In The United States And In The Wto: Some Similarities And Differences, Carlos Manuel Vázquez
Judicial Review In The United States And In The Wto: Some Similarities And Differences, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
Among international organizations, the World Trade Organization (WTO) is widely credited with having the most effective dispute settlement system. Its highly developed dispute settlement system, which is one of the few in international law to include a standing appellate body, invites comparisons to the institution of judicial review in the United States under the paradigm of Marbury v. Madison. Such a comparison yields insights about both the WTO dispute settlement system and Marbury-style judicial review. This article first notes an important parallel between the two systems: like the WTO, judicial review in the United States began as the …
Washington, D.C. Movable Feast: The Odds On Leviathan - Dispute Resolution And Washington D.C.'S Culture, Carrie Menkel-Meadow
Washington, D.C. Movable Feast: The Odds On Leviathan - Dispute Resolution And Washington D.C.'S Culture, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
The field of dispute resolution has benefited enormously from a great wave of enthusiasm during its first two decades. But "youth's a stuff will not endure," and the first flush of ardor is an uncertain basis for confidence in the long term. Now, there is reason to believe that our field, like its predecessor professional fields, is vulnerable to the incentive structures built in to both academic and practice careers. At the same time, what we think of as a national (or larger) movement may be increasingly affected by local cultures.
Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow
Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
Does the field of conflict resolution have any broadly applicable theories that "work" across the different domains of international and domestic conflict? Or, are contexts, participants, and resources so "domain" specific and variable that only "thick descriptions" of particular contexts will do? These are important questions which have been plaguing me in this depressing time for conflict resolution professionals, from September 11,2001 (9/11), to the war against Iraq. Have we learned anything about conflict resolution that really does improve our ability to describe, predict, and act to reduce unnecessary and harmful conflict? These are the questions I want to explore …