Law Commons^™

Decision-Making And Commitments: The Impact Of Power Distance In Mediation, Kenneth Ian Macduff

Ian Macduff

No abstract provided.

Using Blogs As A Teaching Tool In Negotiation, Ian Macduff

Ian Macduff

This article reports on the experimental use of blogs as a teaching tool in a course on negotiation and mediation. The blogs were of two kinds: individual journal blogs accessible only by the student author and the course instructor, and a class or collective blog, accessible by all members of the course. The use of blogs builds on the familiar use of journals as a tool for reflection and personal review and adopts the technology of online communication with which the student body is increasingly familiar and comfortable. The article reports on the student response to this development and the …

Contradiction And Conflict: High- And Low-Context Communication In Mediation, Kenneth Ian Macduff

Ian Macduff

No abstract provided.

Your Pace Or Mine: Culture, Time And Negotiation, Ian Macduff

Ian Macduff

This article explores the impact that different perceptions of time may have on cross-cultural negotiations. Beyond obvious issues of punctuality and timekeeping, differences may occur in the value placed on the uses of time and the priorities given to past, present, or future orientations. The role of time in negotiations involves two key dimensions: differing perceptions and values of time, and the management of time. Both dimensions, the author suggests, need to be on the negotiation table.

Information Revolution: “Choice Of Control” To “Choice And Control”, Subhajit Basu, Christina Munns

Subhajit Basu

Please do not cite without permission of the authors.

In this article, we critically analyse whether the ‘privacy framework’ for health records is ‘fit-for-purpose’ for the NHS’s ‘information revolution’ and argue that the NHS’s ‘proxy-individual’ information-guardian role could inadvertently mask individuals’ intended roles, effectively circumventing autonomy-based laws by limiting the power of individuals to be autonomous. We suggest that moving ‘choice of control’ to individuals will render ‘privacy’ redundant whilst validating ‘confidentiality’ via consent from empowered individuals. This power shift would expose the overdue need for options to increase levels of individual ‘control/privacy,’ moving from the NHS’s paternal ‘proxy-individual’ conception …

La Suprema Corte Y La Cofetel, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

El Proyecto De Ley Sopa En Contexto, Rodolfo C. Rivas Rea Esq., Claudia Macmaster Tamarit Esq.

Rodolfo C. Rivas

The authors discuss the relationship between IP and technology throughout history, before delving into the current regulation trends and perspectives in IP. The article then explores recent US efforts to protect IP and concludes with a brief analysis of the Stop Online Piracy Act bill./////////////////////////////////////////////////////////////////Los autores analizan la relación entre la propiedad intelectual y la tecnología a lo largo de la historia. Posteriormente exploran las tendencias actuales en su regulación y las perspectivas hacia el futuro. Finalmente, el artículo explora los recientes esfuerzos en los Estados Unidos para proteger la propiedad intelectual y concluye con un breve análisis del Proyecto …

Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think (Video), Michael Helfand

Michael A Helfand

No abstract provided.

The Case For Sports Law Arbitration And Practice In Singapore, Kam Wai, Warren Bartholomew Chik

Warren Bartholomew CHIK

No abstract provided.

Book Review: Arbitration In China - A Practical Guide, Kam Wai, Warren Bartholomew Chik

Warren Bartholomew Chik

No abstract provided.

The Law Of International Commercial Arbitration In Singapore, Warren B. Chik

Warren Bartholomew CHIK

The Singapore dispute resolution landscape entered the new millennium with the reconstruction of the dual carriageway for arbitration. In 2002, the old road to arbitral resolution of disputes ( i.e. , the old Arbitration Act and the old International Arbitration Act ) were reconstructed and what emerged were two updated legislations: the Arbitration Act and the International Arbitration Act . At about the same time, the Singapore International Arbitration Centre (SIAC) also diversified with the introduction of a new set of Domestic Arbitration Rules.

Recent Developments In Singapore On International Commercial Arbitration, Warren B. Chik

Warren Bartholomew Chik

No abstract provided.

Recent Developments In International Commercial Arbitration In Singapore, Warren B. Chik

Warren Bartholomew Chik

No abstract provided.

Judicial Mediation, The Judicial Process And Ch Iii Of The Constitution, Iain Field

Iain Field

What is judicial mediation, and is it something that Australian judges can or should be doing? A number of commentators have addressed these questions, and a variety of conflicting views have been expressed. This article re-examines judicial mediation from a constitutional perspective. It demonstrates that judicial mediation will ordinarily satisfy the procedural requirements implied by Ch III, and that judges may therefore mediate as a function incidental to the exercise of judicial power. Even to the extent that judicial mediation might not, in practice, satisfy these requirements, it is argued that a constitutional challenge to legislation or rules of court …

Making Peace And Making Money: Economic Analysis Of The Market For Mediators In Private Practice, Urska Velikonja

Urska Velikonja

Mediation has grown tremendously in the last three decades, yet only a small number of mediators have been able to benefit financially from its growth. The supply of willing mediators by far exceeds the demand for their services. Mediator trainee overoptimism and the lack of formal barriers to entry result in excess entry in the market for mediators. However, the lack of a formal barrier, but the existence of de facto barriers to entry, such as mediator selection practices and specialization, combined with excessive individual optimism, creates inefficiently high levels of entry. This is socially suboptimal: many aspirant mediators spend …

Intellectual Property And Private International Law – Swedish Perspectives, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Adr And State And Local Government Practice (Forthcoming), Steven Gonzales

Steven Gonzales

No abstract provided.

An Alternative Universe To §1113 Of The Bankruptcy Code: The Mediation Of American Airlines And Its Pension Obligations, Max Schatzow

Max Schatzow

This paper explores mandatory mediation as an alternative method to the current §1113 framework, where judges determine the fate of collective bargaining agreements. Through dialogue, this paper will explore one potential outcome to the ongoing dispute between the various labor unions with collective bargaining agreements with American Airlines.

Reforming Sovereign Lending: Modern Initiatives In Historical Context, W. Mark C. Weidemaier

W. Mark C. Weidemaier

Human Flotsam, Legal Fallout: Japan's Tsunami And Nuclear Meltdown, Robert B. Leflar, Ayako Hirata, Masayuki Murayama, Shozo Ota

Robert B Leflar

We report on our field research in Fukushima Prefecture in July 2011. We interviewed legal professionals and community leaders in Fukushima City and in towns inundated by the March 2011 tsunami and within a few kilometers of Fukushima No. 1 nuclear reactor. We catalogued many of the extensive variety of problems faced by Fukushima residents, both evacuees and those who remained in their homes. Many of these problems, both legal and non-legal, arose from government actions as the disaster unfolded and afterwards, including the administration of the initial program for provisional compensation for disaster victims. We learned that in the …

An Alternative Universe To §1113 Of The Bankruptcy Code: The Mediation Of American Airlines And Its Pension Obligations, Max L. Schatzow

Max Schatzow

This paper explores mandatory mediation as an alternative method to the current §1113 framework, where judges determine the fate of collective bargaining agreements. Through dialogue, this paper will explore one potential outcome to the ongoing dispute between the various labor unions with collective bargaining agreements with American Airlines.

Copyright In A Borderless Online Environment – Comments From A Swedish Horizon, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Conflict Of Interests: Seeking A Way Forward On Publication Of International Arbitral Awards, Joshua D H Karton

Joshua Karton

There now appears to be general agreement that greater publication of awards would benefit the international commercial arbitration system, yet most awards remain unpublished. This article explains the current state of affairs by reference to the conflict between party and systemic interests. Since international arbitration is a private, consent-based system, party interests in keeping awards confidential are likely to trump systemic interests in publishing them—even if those systemic interests align with the long-term interests of commercial parties generally.

The conflict of interests not only explains why confidentiality of international arbitral awards remains the rule, it also points the way to …

Independence And Impartiality Of Arbitrators, Swiss Federal Court. J. October 29th, 2010, Edgardo Muñoz, Gustavo Moser

Edgardo Muñoz

The parties to an arbitration give arbitrators considerable discretion to design the proceedings and decide on their dispute. Arbitrators hence are expected to develop and implement the framework that ensures equal treatment and fair awards. As arbitrators play so significant a role in the settlement of disputes, their independence and impartiality are of paramount importance to achieve their expected undertaking

Investing In The Future Of Pakistan: Understanding Why It Is Important To Ensure Protection Of The Rights Of Children Affected By Armed Conflicts, Nida Mahmood

Nida Mahmood Ms

This paper looks into the de facto compliance of Pakistani Laws with the optional protocol to the convention on rights of children on the involvement of children in armed conflicts and suggests why Pakistan should ratify this protocol as soon as possible.

Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand

Michael A Helfand

This article sketches some possible limitations on the impact AT&T Mobility v. Concepcion will have going forward. While many have seen the Supreme Court’s decision as simultaneously signaling an end to the viability of class action lawsuits and undermining principles of federalism, there may be reasons to believe that it will not have implications quite so far reaching. Specifically, this article proposes three reasons why Concepcion’s impact may be limited. First, the decision lends itself to a more narrow reading, which simply demands that courts take the entire of an arbitration agreement into account before deploying common law defenses to …