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Full-Text Articles in Law
Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher
Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Many of the processes involved in traditional local land use review procedures involve two or more adversarial parties arguing their position with little to no consideration for the other party’s interest, and no regard for mutually beneficial outcome. This article describes a proposed New York law that would promote the use of mediation to supplement the traditional process. The article discusses studies geared towards testing the effectiveness of mediation, gives a review of out of state mediation legislation, as discusses corresponding court decisions. Finally, the article concludes with a review of the traditional roles of lawyers in the process, and …
Perceptions Of Fairness In Securities Arbitration: An Empirical Study, Jill I. Gross
Perceptions Of Fairness In Securities Arbitration: An Empirical Study, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
This Report to the Securities Industry Conference on Arbitration (SICA) documents the results of the authors’ empirical study, through a one-time mailed survey, of survey participants’ perceptions of fairness of securities Self-Regulatory Organization (SRO) arbitrations involving customers. The survey was designed to assess participants’ perceptions of the: (1) fairness of the SRO arbitration process; (2) competence of arbitrators to resolve investors’ disputes with their broker-dealers; (3) fairness of SRO arbitration as compared to their perceptions of fairness in securities litigation in similar disputes; and (4) fairness of the outcome of arbitrations.
The Role Of Lawyers In Resolving Environmental Interest Disputes, John R. Nolon, Jessica A. Bacher
The Role Of Lawyers In Resolving Environmental Interest Disputes, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article explores the role of lawyers and the tools they can use in the resolution of environmental interest disputes. We draw on the decades-long work of ADR professionals in this area as well as the professional experience of attorneys and the skills they have honed in the context of “rights based” and “rights to process” disputes. By “environmental interest disputes” we include both emerging conflicts and current disputes among multiple parties over the use and abuse of land, air, water, surface, and subsurface resources whose resolution is unlikely to occur in traditional adjudicatory tribunals such as courts and administrative …
A Climate Of Extremes: Transboundary Conflict Resolution, Elizabeth Burleson
A Climate Of Extremes: Transboundary Conflict Resolution, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.