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Full-Text Articles in Law

"Arbitration Schmarbitration": Examining The Benefits And Frustrations Of Defining The Process, Jean R. Sternlight Jan 2018

"Arbitration Schmarbitration": Examining The Benefits And Frustrations Of Defining The Process, Jean R. Sternlight

Nevada Law Journal

No abstract provided.


Arbitration's Dark Shadow, Benjamin P. Edwards Jan 2018

Arbitration's Dark Shadow, Benjamin P. Edwards

Nevada Law Journal

No abstract provided.


Re-Inventing Arbitration: How Expanding The Scope Of Arbitration Is Re-Shaping Its Form And Blurring The Line Between Private And Public Adjudication, Deborah R. Hensler, Damira Khatam Jan 2018

Re-Inventing Arbitration: How Expanding The Scope Of Arbitration Is Re-Shaping Its Form And Blurring The Line Between Private And Public Adjudication, Deborah R. Hensler, Damira Khatam

Nevada Law Journal

No abstract provided.


Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges Jan 2018

Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges

Nevada Law Journal

No abstract provided.


Response: Public Litigation, Private Arbitration?, David L. Noll Jan 2018

Response: Public Litigation, Private Arbitration?, David L. Noll

Nevada Law Journal

No abstract provided.


The Blurring Of The Public/Private Distrinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez Jan 2018

The Blurring Of The Public/Private Distrinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez

Nevada Law Journal

No abstract provided.


Reconciling Fault Lines In Arbitration And Redefining Arbitration Through The Broader Lens Of Procedure, Imre S. Szalai Jan 2018

Reconciling Fault Lines In Arbitration And Redefining Arbitration Through The Broader Lens Of Procedure, Imre S. Szalai

Nevada Law Journal

No abstract provided.


Arbitration, What Is It Good For?, Thomas O. Main Jan 2018

Arbitration, What Is It Good For?, Thomas O. Main

Nevada Law Journal

No abstract provided.


The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki Jan 2018

The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki

Nevada Law Journal

No abstract provided.


Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson Sep 2017

Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson

Nevada Law Journal

No abstract provided.


The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin Sep 2016

The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin

Nevada Law Journal

No abstract provided.


Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh Jun 2016

Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh

Nevada Law Journal

No abstract provided.


Making Peace With Your Enemy: Nelson Mandela And His Contributions To Conflict Resolution, Jean R. Sternlight, Andrea Schneider, Carrie Menkel-Meadow, Robert Mnookin, Richard Goldstone, Penelope Andrews Sep 2015

Making Peace With Your Enemy: Nelson Mandela And His Contributions To Conflict Resolution, Jean R. Sternlight, Andrea Schneider, Carrie Menkel-Meadow, Robert Mnookin, Richard Goldstone, Penelope Andrews

Nevada Law Journal

No abstract provided.


Saltman Center For Conflict Resolution Tenth Anniversary Honors Nelson Mandela, Jean R. Sternlight Sep 2015

Saltman Center For Conflict Resolution Tenth Anniversary Honors Nelson Mandela, Jean R. Sternlight

Nevada Law Journal

No abstract provided.


Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman Mar 2015

Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman

Nevada Law Journal

No abstract provided.


Pre-Dispute Binding Arbitration In Consumer Warranties: The Ninth Circuit Concludes Correctly For All The Wrong Reasons, Aaron K. Haar Mar 2013

Pre-Dispute Binding Arbitration In Consumer Warranties: The Ninth Circuit Concludes Correctly For All The Wrong Reasons, Aaron K. Haar

Nevada Law Journal

No abstract provided.


Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel Jan 2012

Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Introduction: Brewing Lemonade: Conflict Resolution And The Economic Crisis, Jean R. Sternlight Apr 2011

Introduction: Brewing Lemonade: Conflict Resolution And The Economic Crisis, Jean R. Sternlight

Nevada Law Journal

No abstract provided.


Mortgage Foreclosure Mediation In Florida - Implementation Challenges For An Institutionalized Program, Sharon Press Apr 2011

Mortgage Foreclosure Mediation In Florida - Implementation Challenges For An Institutionalized Program, Sharon Press

Nevada Law Journal

No abstract provided.


There's No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury Apr 2011

There's No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury

Nevada Law Journal

No abstract provided.


Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie, Nancy A. Welsh Apr 2011

Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie, Nancy A. Welsh

Nevada Law Journal

No abstract provided.


Similarities Between Arbitration And Bankruptcy Litigation, Stephen J. Ware Apr 2011

Similarities Between Arbitration And Bankruptcy Litigation, Stephen J. Ware

Nevada Law Journal

No abstract provided.


Community Mediation In Economic Crisis: The Reemergence Of Prearious Sustainability, Wendy E. Hollingshead Corbett, Justin R. Corbett Apr 2011

Community Mediation In Economic Crisis: The Reemergence Of Prearious Sustainability, Wendy E. Hollingshead Corbett, Justin R. Corbett

Nevada Law Journal

No abstract provided.


Volunteers: The Power Of Community Mediation, Becky L. Jacobs Apr 2011

Volunteers: The Power Of Community Mediation, Becky L. Jacobs

Nevada Law Journal

No abstract provided.


The Global Dimension Of The Current Economic Crisis And The Benefits Of Alternative Dispute Resolution, Rebecca Golbert Apr 2011

The Global Dimension Of The Current Economic Crisis And The Benefits Of Alternative Dispute Resolution, Rebecca Golbert

Nevada Law Journal

No abstract provided.


"Brother Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson Apr 2011

"Brother Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson

Nevada Law Journal

No abstract provided.


Court-Annexed Arbitration And Nevada's Unique Penalty Provisions: Introducing An Arbitrator's Findings At A Trial De Novo, Paul C. Williams Oct 2010

Court-Annexed Arbitration And Nevada's Unique Penalty Provisions: Introducing An Arbitrator's Findings At A Trial De Novo, Paul C. Williams

Nevada Law Journal

No abstract provided.


Using Mindfulness Practice To Work With Emotions, Deborah Calloway Jan 2010

Using Mindfulness Practice To Work With Emotions, Deborah Calloway

Nevada Law Journal

The most important point to understand is that working with and understanding our own emotional reactions is an essential prerequisite to working skillfully with emotionally charged individuals in disputes. Training in “mediation techniques” designed to help us recognize and work with emotions in the mediation and negotiation context will not work unless we have practiced working with our own emotions consistently in our ordinary lives. Otherwise, in the heat of the moment during a negotiation or mediation, we are likely to forget every technique we have learned. Habitual patterns of behavior simply take hold.

This article seeks to provide some …


Annual Saltman Lecture: Further Beyond Reason: Emotions, The Core Concerns, And Mindfulness In Negotiation, Leonard L. Riskin Jan 2010

Annual Saltman Lecture: Further Beyond Reason: Emotions, The Core Concerns, And Mindfulness In Negotiation, Leonard L. Riskin

Nevada Law Journal

This article focuses on one particularly common problem: Sometimes people who understand the Core Concerns System, know how to use it, and intend to employ it in a particular negotiation, either fail to do so or fail to do so skillfully; when they review the negotiation, they regret not having used the Core Concerns System, and believe that using it would have produced a better process and outcome. When this occurs, it often results from deficits or faults in the negotiator's awareness.

It follows that a negotiator can enhance his ability to employ the Core Concerns System through improving his …


Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly Jan 2010

Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly

Nevada Law Journal

This Article suggests that law students and lawyers can be introduced to, and even begin to master, some of the same transformational principles, skill sets, and behaviors that poured forth from FDR as a result of his intense physical and personal challenges. At the core of nearly all great negotiators, mediators, lawyers, and leaders is a person who has learned to connect with other people, that is, to build relationships of trust, cooperation, and collaboration. Additionally, this Article argues that where people first learn a sense of self and others through both theoretical and practical knowledge and understanding of mindfulness …