Law Commons^™

Mediating Theft, Kaitlyn E. Tucker

Kaitlyn E Tucker

In the attached short article, I argue for a change in the punishment scheme in non-violent theft crimes. Specifically, I outline a new Victim-Offender Mediation program and then argue how and why it should integrate into the criminal justice system to advance restorative justice as a viable method for punishment in America. I describe restorative justice as a model for punishment and Victim-Offender Mediation specifically as a restorative technique. I then explain why our criminal justice system needs Victim-Offender Mediation. The nation faces unprecedented numbers of prisoners and costs to run prison facilities, in addition to the disparate number of …

Mediating Theft, Kaitlyn E. Tucker

Kaitlyn E Tucker

In the attached short article, I argue for a change in the punishment scheme in non-violent theft crimes. Specifically, I outline a new Victim-Offender Mediation program and then argue how and why it should integrate into the criminal justice system to advance restorative justice as a viable method for punishment in America. I describe restorative justice as a model for punishment and Victim-Offender Mediation specifically as a restorative technique. I then explain why our criminal justice system needs Victim-Offender Mediation. The nation faces unprecedented numbers of prisoners and costs to run prison facilities, in addition to the disparate number of …

Mediating Theftv, Kaitlyn E. Tucker

Kaitlyn E Tucker

In the attached short article, I argue for a change in the punishment scheme in non-violent theft crimes. Specifically, I outline a new Victim-Offender Mediation program and then argue how and why it should integrate into the criminal justice system to advance restorative justice as a viable method for punishment in America. I describe restorative justice as a model for punishment and Victim-Offender Mediation specifically as a restorative technique. I then explain why our criminal justice system needs Victim-Offender Mediation. The nation faces unprecedented numbers of prisoners and costs to run prison facilities, in addition to the disparate number of …

Incorporation By Reference In Maritime Arbitration, Arjya B. Majumdar

Arjya B Majumdar

This paper deals with maritime arbitration in general and in particular, the applicability of arbitration clauses in charterparties incorporated by reference into bills of lading. Following a discussion on the origin of maritime arbitration we see how dispute resolution in the shipping industry had initially been associated with informal procedures involving little or no dependence upon courts and other systems of formal dispute resolution methods, thus bringing about a special nexus between the maritime industry and non-judicial methods of dispute resolution- such as arbitration.

One of the key requirements of an arbitration to take place is that the arbitration agreement …

Expungement Of Customer Complaint Crd Information Following Settlement Of A Finra Arbitration, Seth E. Lipner

seth e lipner

The Financial Industry Regulatory Association (“FINRA”) maintains a database of customer complaints about individuals licensed by FIRNA as registered representatives. The data can be accessed and used by both securities regulators and the investing public to find out about past complaints made by customers of the registered representatives. But records of customer complaints can be expunged from the database through an arbitration process created by FINRA. This Article traces the history of that arbitration process, focusing on how it is employed in cases where the investor was paid money to settle a claim. The Article studies FINRA arbitrations in such …

Science And Compliance In The Arctic: A Constructivist Approach To The Un Commission On The Limits Of The Continental Shelf, Sari M. Graben, Peter Harrison

Sari M Graben

The United Nations Commission on the Limits of the Continental Shelf is expected to play an essential role in delineating the rights of the Arctic states to sea bed resources in the Arctic Ocean. Positivist theories of international law generally source Arctic state compliance to the binding effect of Article 76 of the UN Convention on the Law of the Sea. However, positivist explanations fail to answer why the Arctic states, which are authorized to establish their own limits, would accept the sovereignty costs associated with the Commission’s legal and scientific interpretations. In order to better understand how the Commission …

Brevi Note Sulle Eccezioni D'Incompetenza Sollevate Nel Corso Dell'arbitrato, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

¿Por Qué Herminio Blanco?, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Why Is International Law Changing? Primary Factors In The Greater Complexity Of International Law, Marcelo Dias Varella

Marcelo D. Varella

This paper examines factors of change in post-national law, particularly the effects of globalization on the international legal order. The end of the cold enabled the strengthening of international law through new legal norms and the emergence of post-national law. Among the principal factors accelerating the internationalization of law has been the emergence of a multipolar political and economic order. In the political realm, the end of the bipolar system between the United States and the Soviet Union allowed the emergence of various actors and made possible the construction of power in the international sphere through legal rules. Economically, a …

Cadenas Globales De Valor, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Nuevo Sistema De Amparo, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Relieving The Congestion: The Eastern Interconnection Planning Collaborative, Michelle C. Bailey

Michelle C Bailey

Abstract for: RELIEVING THE CONGESTION: THE EASTERN INTERCONNECTION PLANNING COLLABORATIVE By: Michelle Bailey April, 2013 Congestion within the electric transmission grid, coupled with an absence of transmission, present the most significant barriers to integration of renewable energy sources and advancement of the electric grid towards a more reliable, responsive and efficient energy future. Responding to the critical need for new transmission, however, is a complex, protracted, and difficult process. The key barriers to transmission development are transmission siting and permitting, and cost allocation of transmission projects. Both of these hurdles are exacerbated by the fact that transmission project siting and …

Tv Y Telcos, Aplausos Y Desafíos, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

At&T V. Concepcion: The Problem Of A False Majority, Lisa Tripp, Evan R. Hanson

Lisa Tripp

The Supreme Court’s 2011 decision in AT&T v. Concepcion is the first case where the Supreme Court explores the interplay between state law unconscionability doctrine and the vast preemptive power of the Federal Arbitration Act (FAA). Although it is considered by many to be a landmark decision which has the potential for greatly expanding the already impressive preemptive power of the FAA, something is amiss with Concepcion.

AT&T v. Concepcion is ostensibly a 5-4 majority decision with a concurring opinion. However, the differences in the majority and concurring opinions are so profound that it appears that Justice Thomas actually …

Much Ado About Nothing?: What The Numbers Tell Us About How State Courts Apply The Unconscionability Doctrine, Susan D. Landrum

Susan Landrum

No abstract provided.

Critical Analysis And Case Study Of [Mmtc Vs. Sterlite Industries Pvt. Ltd.]- Role Of Arbitrators, Yashvardhan Rana

Yashvardhan Rana

Critical analysis and Case study of [MMTC vs. Sterlite Industries Pvt. Ltd.]. Supreme Court of India M.M.T.C. Limited - Versus- Sterlite Industries (India) Ltd. Decided on: 18 November, 1996 Equivalent citations: 1996 IXAD SC 25, 1997 AIHC 605, 1996 (2) ARBLR 705 SC Bench: J Verma, B Kirpal Facts: The agreement between the parties: An agreement was entered into on 14th December, 1993 between the petitioner and the respondent by which the respondent appointed the petitioner as a consignment agent for the storage, handling and marketing of continuous cast copper rods manufactured by the respondent. The agreement provided, in so …

Reguladores Y Autonomía, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Lessons From Teaching Students To Negotiate Like A Lawyer, John Lande

John Lande

The legal education system is in a major crisis now, in part because law schools do not prepare students adequately to practice law. Law schools should do a better job of teaching negotiation, in particular, because it is a significant part of the work of virtually every practicing lawyer. This includes lawyers who handle civil and criminal matters and lawyers who do litigation as well as those who do transactional work. Negotiation is especially important because most litigated cases are settled and virtually all unstandardized transactions are negotiated. Most law school negotiation courses rely primarily or exclusively on simulations in …

A Decade Of Progress: Promising Models For Children Found In The Turkish Juvenile Justice System, Brenda A. Mckinney, Lauren Salins

Brenda A McKinney

Turkey has improved its approach to interacting with children in conflict with the law over the past decade, moving closer to a system that ensures its children the opportunity to strive for a better future. This Article focuses on two promising Turkish reforms that hold potential to improve juvenile justice systems internationally, namely: open model incarceration and Turkey’s approach to diversion. This Article demonstrates how a child-centered juvenile justice system can improve public safety and outcomes for youth. It also addresses potential challenges to each model and identifies broader issues that may require reform.

The Pre-Hearing “Subpoena Powers” Of The Modern-Day Arbitrator, Benjamin P. Deninger

Benjamin P Deninger

In domestic arbitration it is generally accepted that arbitrators have the power to compel the parties' participation in discovery matters such as document production or depositions. However, currently there is a lack of consensus among practitioners and Courts alike over the power of an arbitrator to compel a third party non-signatory to comply with discovery requests. My article examines this controversy under the FAA and recent cases that form the two sides of the argument; I analyze the earlier cases (circa 1990’s) as well as the most recent. The article also endeavors to be of significant practical use and recommends …

Former Chief Justice Warren E. Burger’S Disparagement Of The American Judicial System And Sponsorship Of Mediation, Richard M. Calkins

Richard M. Calkins

No abstract provided.

The Arbitration Clause As Super Contract, Richard Frankel

Richard Frankel

It is widely acknowledged that the purpose of the Federal Arbitration Act was to place arbitration clauses on equal footing with other contracts. Nonetheless, federal and state courts have turned arbitration clauses into “super contracts” by creating special interpretive rules for arbitration clauses that do not apply to other contracts. In doing so, they have relied extensively, and incorrectly, on the Supreme Court’s determination that the FAA embodies a federal policy favoring arbitration.

While many scholars have focused attention on the public policy rationales for and against arbitration, few have explored how arbitration clauses should be interpreted. This article fills …

Artículo 129 Fracción Xiii, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Parallel Justice: Creating Causes Of Action For Mandatory Mediation, Marie A. Failinger

Marie A. Failinger

. This article proposes that the American common law system should adopt court-connected mandatory mediation as a parallel system of justice for some cases currently not justiciable, such as wrongs caused by constitutionally protected behavior. It describes systemic and ethical parallels between court-connected mediation and the rise of the equity courts, discusses practical objections to the idea of mandatory mediation, and tests the idea of "mandatory mediation-only" causes of action using constitutional hate speech and invasion of privacy examples.

Investment Dispute Resolution Under The Transpacific Partnership Agreement: Prelude To A Slippery Slope?, Leon E. Trakman Professor

Leon E Trakman Dean

Intense debate is currently brewing over the multistate negotiation of the Transpacific Partnership Agreement [TPPA], led by the United States. The TPPA will be the largest trade and investment agreement after the European Union, with trillions of investment dollars at stake. However, there is little understanding of the complex issues involved in regulating inbound and outbound investment. The negotiating of the TPPA is shrouded in both mystery and dissension among negotiating countries. NGOs, investor and legal interest groups heatedly debate how the TPPA ought to regulate international investment. However this dissension is resolved, it will have enormous economic, political and …

International Money Laundering: The Need For Icc Investigative And Adjudicative Jurisdiction, Michael R. Anderson

Michael Anderson

Money laundering is one of the most pressing issues in the realm of international financial crimes. One of the biggest issues involved in international money laundering is the problem of adjudication. There is no international organization that currently hears these sorts of claims, forcing nations to adjudicate these crimes on their own, often without adequate resources to effectively investigate and enforce their money laundering statutes.

This article argues that, in order to more effectively prevent and adjudicate international money laundering offenses, the International Criminal Court should adopt an international money laundering statute designating these activities as a crime within the …

An Inquiry Into Rule Of Law, Awho & We The People, Chandra Nath

Chandra Nath

No abstract provided.

Precios Y Parquímetros, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Arbitration, Women Arbitrators And Sharia, Mohamed Raffa Dr.

Mohamed Raffa Dr.

So, can the Arbitrator be a woman? Omar, the third Khalipha in Islam after Prophet Muhammad, actually appointed a female judge. Today, across the various Muslim countries, there are female judges in almost every Muslim country except in Saudi Arabia. There are about 70 female Iraqi judges, 10 female judges in the UAE, 20 in Egypt female judges and Arbitrators, Nigeria recently appointed the first female Chief Justice in Africa as well as it has one of the largest National Associations of Women Judges; with more in other Muslim Countries including Indonesia and Malaysia.

Educación Y Economía, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.