Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- University of Michigan Law School (4)
- Georgetown University Law Center (3)
- University of Missouri School of Law (3)
- Nova Southeastern University (2)
-
- The Catholic University of America, Columbus School of Law (2)
- UIdaho Law (2)
- University of Colorado Law School (2)
- University of Pennsylvania Carey Law School (2)
- Vanderbilt University Law School (2)
- American University Washington College of Law (1)
- Chicago-Kent College of Law (1)
- Maurer School of Law: Indiana University (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Singapore Management University (1)
- St. John's University School of Law (1)
- The Peter A. Allard School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Miami Law School (1)
- University of Richmond (1)
- William & Mary Law School (1)
- Keyword
-
- Arbitration (9)
- Mediation (9)
- Dispute resolution (8)
- ADR Scholarship (6)
- Alternative dispute resolution (5)
-
- Litigation (5)
- Negotiation (5)
- World Trade Organization (4)
- Binding (3)
- Contract interpretation (3)
- Public policy (3)
- WTO (3)
- Adr (2)
- Alternative Dispute Resolution (2)
- Arbitral awards (2)
- Arbitrators (2)
- Dispute Resolution (2)
- Employees (2)
- Employers (2)
- Employment contracts (2)
- Facilitation (2)
- GATT (2)
- International trade (2)
- Judicial review (2)
- Labor arbitration (2)
- Settlement (2)
- Unfair (2)
- United States Supreme Court (2)
- ADR (1)
- Agreements (1)
- Publication
-
- Scholarly Works (7)
- Faculty Publications (5)
- Articles (4)
- All Faculty Scholarship (3)
- Georgetown Law Faculty Publications and Other Works (3)
-
- College of Arts, Humanities, and Social Sciences Course Catalogs (2)
- Faculty Scholarship (2)
- Other Publications (2)
- Publications (2)
- Scholarly Articles (2)
- Vanderbilt Law School Faculty Publications (2)
- All Faculty Publications (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Book Chapters (1)
- Hofstra Law Faculty Scholarship (1)
- LLM Theses and Essays (1)
- Law Faculty Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- UF Law Faculty Publications (1)
Articles 31 - 43 of 43
Full-Text Articles in Law
As Mandatory Binding Arbitration Meets The Class Action, Will The Class Action Survive?, Jean R. Sternlight
As Mandatory Binding Arbitration Meets The Class Action, Will The Class Action Survive?, Jean R. Sternlight
Scholarly Works
Assuming that the traditional prerequisites for a class action have been met, courts have four choices: (1) order the dispute to be resolved in an individualized arbitration, thereby denying plaintiffs either a litigation or arbitration venue for their class claims; (2) refuse to mandate arbitration, and instead allow plaintiffs to litigate their class claims; (3) order that the dispute be resolved through an arbitral class action, also known as classwide arbitration; or (4) order the dispute to arbitration but allow the arbitrators to make the determination as to whether the dispute should be resolved individually or on a class basis. …
When Winning Isn’T Everything: The Lawyer As Problem Solver, Carrie Menkel-Meadow
When Winning Isn’T Everything: The Lawyer As Problem Solver, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
Today I want to address the question of what the modern lawyer needs to know and what the modern lawyer must know how to do to be good at what he or she does, to be helpful to clients, to lead a fulfilling life, and hopefully, to leave the world a better place than he or she first found it. I went to law school to work on that illusive jurisprudential concept - justice. On the outside walls of the Edward Bennett Williams Library where I work in Washington, DC, is a quote, which we attribute to a former Georgetown …
Mothers And Fathers Of Invention: The Intellectual Founders Of Adr, Carrie Menkel-Meadow
Mothers And Fathers Of Invention: The Intellectual Founders Of Adr, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
When we think of the "founding" of the ADR movement (particularly, but not exclusively, in law), from when do we date it? Whom do we think of as our leaders? Many of us think of Frank Sander and the "multi-door courthouse" suggested by his famous paper, delivered at the Pound Conference on the Causes of Popular Dissatisfaction with the Administration of Justice in 1976. For others, the publication of Roger Fisher and William Ury's "Getting to Yes," signaled an interest in a changed paradigm for engaging in legal negotiations. Some may associate ADR's nascency with early practical efforts to institutionalize …
Understanding Conflict And Human Capacity: The Role Of Premises In Mediation Training, Robert A. Baruch Bush, Sally G. Pope
Understanding Conflict And Human Capacity: The Role Of Premises In Mediation Training, Robert A. Baruch Bush, Sally G. Pope
Hofstra Law Faculty Scholarship
In this article, the authors, point out that underlying mediator practices and techniques, there are deeper premises and values that guide and shape practice. The authors argue that mediation training should include articulation and explanation of the premises that underlie the transformative orientation to mediation practice and give examples of how these premises can be conveyed within an overall training design, and how doing so enriches the teaching of skills and techniques themselves.
Should An Attorney Be Required To Advise Client Of Adr Options?, Marshall J. Breger
Should An Attorney Be Required To Advise Client Of Adr Options?, Marshall J. Breger
Scholarly Articles
In recent years alternative dispute resolution (ADR) has moved from the margins of legal practice into the mainstream. It is no longer the exception for attorneys to employ or clients to request ADR services in almost every aspect of legal representation. This shift to the legal mainstream raises the question whether attorneys, as part of their general obligation to keep clients informed of their legal alternatives, should be required to advise their clients regarding ADR options. This paper will consider this question. In doing so, it will consider, at least inferentially, the character and purpose of ethics "rules."
International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger
International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger
Scholarly Articles
One necessary component to the success of the Israeli-Palestinian peace process is economic development and growth in the area under the control of the Palestinian Authority (PA). One of the principal requirements for economic growth, and quite possibly for the Palestinian Authority's economic survival, is foreign investment in the West Bank and Gaza (WBG). As they currently exist, laws concerning foreign investment in WBG are a quagmire. Indeed, it is a challenge for an investor to simply identify which law applies to which area, let alone to interpret the law. At the same time many of the protections often found …
Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Richard C. Reuben
Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Richard C. Reuben
Faculty Publications
Under the traditional bipolar model, civil dispute resolution is generally divided into two spheres: trial, which is public in nature and therefore subject to constitutional due process, and alternative dispute resolution (ADR), which is private in nature and therefore not subject to such constraints. In this article, Professor Richard Reuben proposes a unitary understanding of public civil dispute resolution, one that recognizes that ADR is often energized by state action and thus is constitutionally required to comply with minimal but meaningful due process standards. Depending upon the process, such standards might include the right to an impartial forum, the right …
Teaching Corporate Governance Through Shareholder Litigation, Jill E. Fisch
Teaching Corporate Governance Through Shareholder Litigation, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman
Incentives To Settle Under Joint And Several Liability: An Empirical Analysis Of Superfund Litigation, Howard F. Chang, Hilary Sigman
All Faculty Scholarship
Congress may soon restrict joint and several liability for cleanup of contaminated sites under Superfund. We explore whether this change would discourage settlements and is therefore likely to increase the program 's already high litigation costs per site. Recent theoretical research by Kornhauser and Revesz finds that joint and several liability may either encourage or discourage settlement, depending on the correlation of outcomes at trial across defendants. We extend their two-defendant model to a richer framework with N defendants. This extension allows us to test the theoretical model empirically using data on Superfund litigation. We find that joint and several …
Can Informed Consent Preserve The Integrity Of Mediation?, Maureen Laflin
Can Informed Consent Preserve The Integrity Of Mediation?, Maureen Laflin
Articles
No abstract provided.
Preserving The Integrity Of Mediation Through The Adoption Of Ethical Rules For Lawyer-Mediators, Maureen Laflin
Preserving The Integrity Of Mediation Through The Adoption Of Ethical Rules For Lawyer-Mediators, Maureen Laflin
Articles
No abstract provided.
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Transforming Cultural Conflict In An Age Of Complexity, Michelle Lebaron
Transforming Cultural Conflict In An Age Of Complexity, Michelle Lebaron
All Faculty Publications
This article will survey several definitions of culture, arguing that the most useful approach is to define culture broadly and to recognize its significance to most or all conflicts. Some of the ways that culture affects conflicts will be outlined, accompanied by examples. These include: culture as a lens that both facilitates and blocks effective communication; culture and world view differences as the subject of conflicts; and conflicts related to identity and recognition as facets of cultural differences. Further discussed are Western models of third party intervention, inviting readers to examine the values and assumptions underlying them. Challenges inherent in …