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Full-Text Articles in Law
Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation, Paul S. Dempsey
Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation, Paul S. Dempsey
Georgia Journal of International & Comparative Law
No abstract provided.
To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day
To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day
Seattle Journal for Social Justice
No abstract provided.
A Theory Of Wto Adjudication: From Empirical Analysis To Biased Rule Development, Juscelino F. Colares
A Theory Of Wto Adjudication: From Empirical Analysis To Biased Rule Development, Juscelino F. Colares
Vanderbilt Journal of Transnational Law
The positive theory of litigation predicts that, under certain conditions, plaintiffs and defendants achieve an unremarkable and roughly equivalent share of litigation success. This Article, grounded in an empirical analysis of WTO adjudication from 1995 through 2007, reveals a high disparity between Complainant and Respondent success rates: Complainants win roughly ninety percent of the disputes. This disparity transcends Case Type, Party Identity, Income Level, and other litigant-specific characteristics. After analyzing and discarding standard empirical and theoretical alternative explanations for the systematic disparity in success rates, this study demonstrates, through an examination of patterns in WTO adjudicators' notorious decisions, that biased …
Prohibiting Good Faith Reports Under The Uniform Mediation Act: Keeping The Adjudication Camel Out Of The Mediation Tent, Carol L. Izumi, Homer C. La Rue
Prohibiting Good Faith Reports Under The Uniform Mediation Act: Keeping The Adjudication Camel Out Of The Mediation Tent, Carol L. Izumi, Homer C. La Rue
Journal of Dispute Resolution
This symposium article examines a narrow slice of the Uniform Mediation Act - the prohibition on mediator communication to judges about a party's good faith participation or "problem" behavior in mediation.
Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch
Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch
Touro Law Review
No abstract provided.
Reflections On The Adr Movement, Robben W. Fleming
Reflections On The Adr Movement, Robben W. Fleming
Cleveland State Law Review
ADR, the acronym that identifies the alternative dispute resolution movement, derives its current popularity from widespread dissatisfaction with the present system of justice. Thus, ADR both proposes and promotes "alternative" ways of dealing with disputes which would otherwise be the subject of litigation. In truth, there is nothing very new about the criticism directed at the legal profession, the courts, and the adjudicatory systems in general. The alternatives which have been suggested over the years are very similar. All of the alternatives lie along an axis which starts with efforts to bring about voluntary agreement by the parties and ends, …
A Labor Arbitrator Views His Work, Maurice H. Merrill
A Labor Arbitrator Views His Work, Maurice H. Merrill
Vanderbilt Law Review
What follows is, in form and in content, somewhat at variance from the typical law review article. It is not the result of a systematic survey of statutory enactment or of case law. Still less is it based on investigation of the place of arbitration as a part of the social order. Neither is it the product of an inquisition into the materials of the social and behavioral sciences for such light as they may shed upon the arbitral process and its achievements. It is simply an account of the author's own views of arbitration, based on his personal experience …