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Full-Text Articles in Law
The Rise And Fall And Rise Again Of Informal Justice And The Death Of Adr, Amy J. Cohen
The Rise And Fall And Rise Again Of Informal Justice And The Death Of Adr, Amy J. Cohen
Connecticut Law Review
Today, the field of alternative dispute resolution (ADR) is often conceptualized and taught as an apolitical, institutional practice designed to enhance the effective and efficient settlement of legal disputes. But this was not always the case. In the 1970s, scholars imagined mediation as a technique of social and political transformation: a practice that might enable people to resolve disputes without reproducing the inequalities that shaped the society in which they lived. That view of ADR has largely disappeared from the American legal academy. But, as this Article shows, it has not disappeared entirely. Outside the legal academy, prison and police …
Dealing Fairly With Estate And Trust Beneficiary Complaints, Robert Whitman
Dealing Fairly With Estate And Trust Beneficiary Complaints, Robert Whitman
Faculty Articles and Papers
No abstract provided.
Buying Witness Silence: Evidence-Suppressing Settlements And Lawyers' Ethics, Jon Bauer
Buying Witness Silence: Evidence-Suppressing Settlements And Lawyers' Ethics, Jon Bauer
Faculty Articles and Papers
Lawyers frequently draft settlements that impede other parties' access to relevant evidence through clauses that prohibit the plaintiff from disclosing information to anyone with a claim against the defendant or forbid all discussion of the facts underlying the dispute. This Article argues that lawyers who negotiate these noncooperation agreements violate Rule 3.4(f) of the Model Rules of Professional Conduct, which prohibits requesting someone other than the lawyer's own client to withhold relevant information from another party, and Model Rule 8.4(d), which prohibits conduct prejudicial to the administration of justice. The conventional wisdom among practitioners and legal ethics scholars has been …
Resolution Procedures To Resolve Trust Beneficiary Complaints, Robert Whitman
Resolution Procedures To Resolve Trust Beneficiary Complaints, Robert Whitman
Faculty Articles and Papers
No abstract provided.
The Ethics Of Mediation Evaluation: Some Troublesome Questions And Tentative Proposals, From An Evaluative Lawyer Mediator, James Stark
Faculty Articles and Papers
No abstract provided.
Preliminary Reflections On The Establishment Of A Mediation Clinic, James Stark
Preliminary Reflections On The Establishment Of A Mediation Clinic, James Stark
Faculty Articles and Papers
No abstract provided.
Barriers To United States-Canadian Trade: Problems And Solutions, The Canadian Perspective, Richard Parker
Barriers To United States-Canadian Trade: Problems And Solutions, The Canadian Perspective, Richard Parker
Faculty Articles and Papers
No abstract provided.
The Problem Of The Missing Witness: Toward An Educator-Facilitator Role For Labor Arbitrators, Lewis Kurlantzick
The Problem Of The Missing Witness: Toward An Educator-Facilitator Role For Labor Arbitrators, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.