Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (28)
- University of Missouri School of Law (28)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (20)
- BLR (10)
- SelectedWorks (10)
-
- Georgetown University Law Center (7)
- Selected Works (7)
- Texas A&M University School of Law (6)
- Mitchell Hamline School of Law (5)
- Singapore Management University (5)
- Vanderbilt University Law School (5)
- UIC School of Law (4)
- University of Florida Levin College of Law (4)
- University of Georgia School of Law (4)
- University of Michigan Law School (4)
- University of Pittsburgh School of Law (4)
- American University Washington College of Law (3)
- UIdaho Law (3)
- University of Miami Law School (3)
- Columbia Law School (2)
- Cornell University Law School (2)
- St. John's University School of Law (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Oklahoma College of Law (2)
- University of Washington School of Law (2)
- Cleveland State University (1)
- Duke Law (1)
- Fordham Law School (1)
- Georgia State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Keyword
-
- Dispute resolution (28)
- Mediation (28)
- Arbitration (24)
- Dispute Resolution (20)
- ADR (15)
-
- Conservation easements (11)
- Land tenure (11)
- Public lands (11)
- Real property (10)
- Damages (9)
- Equitable servitudes (9)
- Negotiation (9)
- UCEA (9)
- Uniform Conservation Easement Act (9)
- Corte Suprema de la República Argentina (8)
- Dominant estate (8)
- Leaseback agreements (8)
- Purchased development rights (8)
- Reserved life interests (8)
- Third-party enforcement (8)
- Alternative dispute resolution (7)
- Clear title (7)
- Leases (7)
- Legal education (7)
- NGOs (7)
- Profits à prendre (7)
- Real covenants (7)
- Reciprocal easements (7)
- Adjacent estates (6)
- Courts (6)
- Publication
-
- Journal of Dispute Resolution (25)
- Faculty Scholarship (14)
- Books, Reports, and Studies (11)
- ExpressO (10)
- Groundwater in the West (Summer Conference, June 16-18) (10)
-
- Nevada Supreme Court Summaries (10)
- Scholarly Works (10)
- Horacio M. LYNCH (8)
- Articles (7)
- Georgetown Law Faculty Publications and Other Works (6)
- Faculty Publications (5)
- Nevada Law Journal (5)
- Publications (5)
- Research Collection Yong Pung How School Of Law (5)
- Vanderbilt Law School Faculty Publications (5)
- UF Law Faculty Publications (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Book Chapters (3)
- University of Miami Inter-American Law Review (3)
- All Faculty Scholarship (2)
- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- Journal Articles (2)
- Oklahoma Law Review (2)
- Thomas V. Burch (2)
- UIC John Marshall Journal of Information Technology & Privacy Law (2)
- Washington Law Review (2)
- William Mitchell Law Review (2)
- Bill Ong Hing (1)
- Buffalo Law Review (1)
- Cleveland State Law Review (1)
- Publication Type
- File Type
Articles 31 - 60 of 192
Full-Text Articles in Law
Rwandan Gacaca: An Experiment In Transitional Justice, Maya Goldstein Bolocan
Rwandan Gacaca: An Experiment In Transitional Justice, Maya Goldstein Bolocan
Journal of Dispute Resolution
This paper argues that shifting the emphasis from the retributive nature of Gacaca to its restorative potential may, in the long term, offer better perspectives of peace and reconciliation to a deeply wounded society. It also argues that, where Gacaca retains its retributive element, it should do so while trying to respect the human rights of those brought before it. Part II of this paper briefly discusses the dominant model of transitional justice, namely the prosecutorial approach of criminal trials, and its effectiveness vis-A-vis alternatives that emphasize the search for truth and reconciliation instead of retribution. Part III provides a …
Arbitration Clauses Should Be Enforced According To Their Terms - Except When They Shouldn't Be: The Ninth Circuit Limits Parties' Ability To Contract For Standards Of Review Of Arbitration Awards - Kyocera Corporation V. Prudential-Bache Trade Services, Jonathan R. Bunch
Journal of Dispute Resolution
Arbitration is the process whereby parties submit disputes to a third, neutral party who will issue a decision that is both final and binding upon the parties. The Supreme Court has recognized arbitration as a valuable form of dispute resolution, with its primary advantages being speed, affordability, and the lower degree of hostility created by a less adversarial environment. In contrast to litigation, the standards of review for arbitral awards are defined in the Federal Arbitration Act (FAA) and are extremely narrow. In somewhat of a collision-course with the terms of the FAA is the fact that some courts have …
Open Issue: The Fifth Circuit's Misleading Interpretation Of An Arbitrator's Jurisdiction Under The Telecommunications Act Of 1996 - Coserv Limited Liability Corporation V. Southwestern Bell Telephone Company, An, Amanda Davis Anthony
Journal of Dispute Resolution
in Coserv v. Southwestern Bell Telephone Co., the Fifth Circuit addressed the meaning of "open issues" as related to an arbitrator's jurisdiction to decide issues not agreed upon in voluntary negotiations under provisions of the Telecommunications Act of 1996 (Telecom Act) that ensure competition in local telephone service markets. Through statutory interpretation, the Fifth Circuit gave arbitrators almost limitless jurisdiction. In doing so, the Fifth Circuit cited to the Eleventh Circuit to support its view, but failed to acknowledge the opposite holding by the Eleventh Circuit on the same issue.
Issues Of Trust: Resolving Mismanagement Of The Indian Trust Fund - The Indian Money Account Claim Satisfaction Act Of 2003, Allison Cafer
Issues Of Trust: Resolving Mismanagement Of The Indian Trust Fund - The Indian Money Account Claim Satisfaction Act Of 2003, Allison Cafer
Journal of Dispute Resolution
Land has been held in trust by the United States government for Native Americans since Congress enacted the General Allotment Act of 1887. In recent decades the management of the trust accounts has been called into question by the Native American beneficiaries and has resulted in complex litigation. The government has acknowledged that there has been gross mismanagement of the trusts, to the extent that balances in many of the individual accounts are unknown. After lengthy litigation resulting in victory for the Native Americans, Senator Ben Nighthorse Campbell has introduced legislation that he claims will resolve the trust fund matter …
Assuring Excellence, Or Merely Reassuring - Policy And Practice In Promoting Mediator Quality, Charles Pou Jr.
Assuring Excellence, Or Merely Reassuring - Policy And Practice In Promoting Mediator Quality, Charles Pou Jr.
Journal of Dispute Resolution
Mediation practice in the United States has grown substantially over the last two decades, as has the number of people offering to serve as mediators. This growth has led some to argue that competency standards are needed to protect consumers and promote the integrity of mediation processes. While professionals and researchers have tried over the past fifteen years or so to define "what mediators do" and better understand "how to do it well," alternative dispute resolution (ADR) programs, roster administrators, and parties seeking neutrals have had to make day-to-day choices.
State Legislative Update, Robert J. Fisher, Katherine M. Massa, Benjamin B. Nelson, Cassandra A. Rogers
State Legislative Update, Robert J. Fisher, Katherine M. Massa, Benjamin B. Nelson, Cassandra A. Rogers
Journal of Dispute Resolution
Senate Bill 1970 was introduced in the Florida Senate on March 2, 2004. It was initially referred to the Senate Judiciary Committee where it passed on April 19 with an 8-0 vote. Senate Bill 1970 was read for the first time in the Senate on April 21. The bill passed the full Senate on April 24 with a 39-0 vote. It was then sent to the full House on April 26 where it was substituted for House Bill 1765. Senate Bill 1970 was read and passed in the House on April 27 with a 114-0 vote. The bill was presented …
On Hostile Ground: Ohio's Notice To Insolvent Insurance Companies With Arbitration Agreements - Bejamin V. Pipoly, Frank C. Koranda Jr.
On Hostile Ground: Ohio's Notice To Insolvent Insurance Companies With Arbitration Agreements - Bejamin V. Pipoly, Frank C. Koranda Jr.
Journal of Dispute Resolution
In Benjamin v. Popoly, the Court of Appeals of Ohio reviewed whether the liquidator of an insolvent insurance company have the power to avoid the enforcement of arbitration agreements. The court held that the broad statutory power conferred to a liquidator permitted them to affirm or disavow any contracts made by the insolvent insurance companies, including any contractual provisions for the arbitration of disputes. The court also expressly overruled prior Ohio case law regarding the status of arbitration agreements in insurance insolvency.
Visualising The Adr Landscape, Nadja Alexander
Visualising The Adr Landscape, Nadja Alexander
Research Collection Yong Pung How School Of Law
Access to ADR can be conceptualised in a number of ways. Some commentators focus on the court or the legal profession as a central access point for disputes. While this may seem natural for lawyers and judges, such an approach fails to account for the vast majority of disputes – approximately 80 per cent – that never see a lawyer, let alone a court. Other commentators focus on private or community-based applications of ADR as well as transactional applications of mediation such as contract negotiations. Yet others analyse ADR from the perspective of particular stakeholder groups such as industry, insurers, …
Intro To Ground Water Law In Colorado And Surface-Groundwater Conflicts In The South Platte, David Harrison, Veronica A. Sperling, Steven O. Sims
Intro To Ground Water Law In Colorado And Surface-Groundwater Conflicts In The South Platte, David Harrison, Veronica A. Sperling, Steven O. Sims
Groundwater in the West (Summer Conference, June 16-18)
25 pages.
Contains footnotes.
Groundwater Management: Lessons From Colorado V. Kansas, David W. Robbins
Groundwater Management: Lessons From Colorado V. Kansas, David W. Robbins
Groundwater in the West (Summer Conference, June 16-18)
11 pages.
Slides: Intro To Groundwater Law In Colorado, David L. Harrison
Slides: Intro To Groundwater Law In Colorado, David L. Harrison
Groundwater in the West (Summer Conference, June 16-18)
Presenter: David L. Harrison.
17 slides.
The Future Of Groundwater In The West, James S. Lochhead
The Future Of Groundwater In The West, James S. Lochhead
Groundwater in the West (Summer Conference, June 16-18)
7 pages.
Advancing Binational Cooperation In Transboundary Aquifer Management On The U.S. Mexico Border [Paper And Presentation], Stephen P. Mumme
Advancing Binational Cooperation In Transboundary Aquifer Management On The U.S. Mexico Border [Paper And Presentation], Stephen P. Mumme
Groundwater in the West (Summer Conference, June 16-18)
Presenter: Steve Mumme, Colorado State University.
23 pages and 8 slides.
Contains footnotes.
Slides: The Spokane And The Yakima: A Tale Of Two Aquifers, Rachel Paschal Osborn
Slides: The Spokane And The Yakima: A Tale Of Two Aquifers, Rachel Paschal Osborn
Groundwater in the West (Summer Conference, June 16-18)
Presenter: Rachael Paschal Osborn, Private Practice and Gonzaga Law School.
89 slides.
Slides: California Groundwater Management, Michael Fife
Slides: California Groundwater Management, Michael Fife
Groundwater in the West (Summer Conference, June 16-18)
Presenter: Michael Fife, Hatch and Parent.
66 pages (includes map) and 18 slides.
Contains footnotes.
Groundwater Resources Of The Lower Colorado Region, Tim Henley
Groundwater Resources Of The Lower Colorado Region, Tim Henley
Groundwater in the West (Summer Conference, June 16-18)
15 pages.
Agenda: Groundwater In The West, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Groundwater In The West, University Of Colorado Boulder. Natural Resources Law Center
Groundwater in the West (Summer Conference, June 16-18)
Conference moderators and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., Douglas S. Kenney, Jim Martin and Kathryn M. Mutz.
The Colorado Law Natural Resources Law Center celebrated its 25th Annual Summer Conference by exploring one of the most important natural resources of the 21st century: groundwater. Titled "Groundwater in the West," the conference was held June 16-18 at the Fleming Law Building on the University of Colorado at Boulder campus. Participants discussed law, policy, and management of groundwater in the West. "As demands on surface water increase and drought seems more the norm than …
Slides: Survey Of Indian Groundwater Issues, Rodney B. Lewis
Slides: Survey Of Indian Groundwater Issues, Rodney B. Lewis
Groundwater in the West (Summer Conference, June 16-18)
Presenter: Rodney Lewis, General Counsel, Gila River Tribe.
49 slides.
Binding Arbitration And Specific Performance Under The Faa: Will This Marriage Of Convenience Survive?, Kenneth Dunham
Binding Arbitration And Specific Performance Under The Faa: Will This Marriage Of Convenience Survive?, Kenneth Dunham
ExpressO
Traces the history of arbitration from ancient times to the present. Demonstrates how the process has changed and how it has been altered through the centuries into its present form enforceable under the FAA. Shows how specific performance is used to enforce arbitration in equity using the rules of contract law.
Reingeniería De La Corte Suprema De La Nación 2: Información Sobre La Tarea Del Alto Tribunal, Horacio M. Lynch, María Clara Pujol
Reingeniería De La Corte Suprema De La Nación 2: Información Sobre La Tarea Del Alto Tribunal, Horacio M. Lynch, María Clara Pujol
Horacio M. LYNCH
La información es clave para tomar decisiones. En el trabajo REINGENIERÍA (1) hicimos amplia referencia a la información en general (para el tribunal, las partes, el público, el extranjero). En este caso nos limitamos a uno sólo de estos aspectos: la información sobre la tarea de la Corte con el exclusivo propósito de dar fundamentos a las propuestas de cambio que se sugieran.
Mesa Del Diálogo Argentino - Sector Justicia - Comisión Para El Tratamiento De La Jurisdicción De La Corte Suprema - Síntesis Propositiva - Acuerdo Unánime: Formulación De Una Agenda, Horacio M. Lynch
Horacio M. LYNCH
Recopilación de las propuestas y opiniones de los integrantes de la Comisión.
Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas
Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas
All Faculty Scholarship
Plea-bargaining literature predicts that parties strike plea bargains in the shadow of expected trial outcomes. In other words, parties forecast the expected sentence after trial, discount it by the probability of acquittal, and offer some proportional discount. This oversimplified model ignores how structural distortions skew bargaining outcomes. Agency costs; attorney competence, compensation, and workloads; resources; sentencing and bail rules; and information deficits all skew bargaining. In addition, psychological biases and heuristics warp judgments: overconfidence, denial, discounting, risk preferences, loss aversion, framing, and anchoring all affect bargaining decisions. Skilled lawyers can partly counteract some of these problems but sometimes overcompensate. The …
Summary Of Pan V. Eighth Judicial District Court, 120 Nev. Adv.Op.No.26, Ronda Heilig
Summary Of Pan V. Eighth Judicial District Court, 120 Nev. Adv.Op.No.26, Ronda Heilig
Nevada Supreme Court Summaries
When all of the “prerequisites for finality are met, an order that dismisses a case for forum non conveniens is a final judgment that should be reviewed on appeal,”2 and not via a petition for a writ of mandamus.
Brief Of Respondents In Opposition, In Re Green Tree Financial Corp., No. 03-1243 (U.S. Apr. 22, 2004), Cornelia T. Pillard
Brief Of Respondents In Opposition, In Re Green Tree Financial Corp., No. 03-1243 (U.S. Apr. 22, 2004), Cornelia T. Pillard
U.S. Supreme Court Briefs
No abstract provided.
Private Parties And Wto Dispute Settlement System , Alberto Alemanno
Private Parties And Wto Dispute Settlement System , Alberto Alemanno
Cornell Law School Inter-University Graduate Student Conference Papers
This paper examines the (non) role that private business operators play in the implementation of WTO Dispute Settlement Reports. More precisely, by analysing the legal status of these decisions in national and regional law, it looks at what individuals are entitled to obtain when a WTO Member ignores the results of a Dispute Settlement Body’s proceedings. As private business operators bear most of the economic costs of non-compliance, there is an increasing pressure for a more direct involvement of these parties in the Dispute Settlement System mechanims. The challenge is therefore to find a way to accommodate their interests within …
Los Tribunales Supremos Y Un Plan De Reingeniería Para La Corte Suprema De La Argentina, Horacio M. Lynch, María Clara Pujol
Los Tribunales Supremos Y Un Plan De Reingeniería Para La Corte Suprema De La Argentina, Horacio M. Lynch, María Clara Pujol
Horacio M. LYNCH
Versión depurada del informe REINGENIERÍA - Se exponen los objetivos, principios, criterios y finalidad de un proyecto de reingeniería en la Corte Suprema de la Argentina. REINGENIERÍA DE LA CORTE SUPREMA DE LA NACIÓN – Aspectos organizativos, funcionales y de gobierno del Alto Tribunal (Guía de trabajo) También se reflexiona sobre la repercusión sobre la labor institucional del Alto Tribunal así como también sobre otras cualidades como su independencia y especialmente en su transparencia.
Federal Arbitration Act Preemption, Christopher R. Drahozal
Federal Arbitration Act Preemption, Christopher R. Drahozal
Indiana Law Journal
No abstract provided.
Negotiation As One Among Many Tools, Jennifer Gerarda Brown, Marcia Caton Campbell, Jayne Seminare Docherty, Nancy A. Welsh
Negotiation As One Among Many Tools, Jennifer Gerarda Brown, Marcia Caton Campbell, Jayne Seminare Docherty, Nancy A. Welsh
Faculty Scholarship
Article Extract
Even as this symposium examines the "canon" of negotiation, we think it is also important to consider negotiation's context. In many cases, negotiation cannot be the first or the only activity that takes place. To make significant progress in the resolution or management of some conflicts, other activities will have to precede or supplement negotiation. This can be particularly true in large-scale, multi-party public disputes.
Consider the following situation, one that might be unfolding even as you read this in any number of places in the United States. The setting is the state of Grace, a relatively small …
The Law Of Bargaining, Russell Korobkin, Michael Moffitt, Nancy A. Welsh
The Law Of Bargaining, Russell Korobkin, Michael Moffitt, Nancy A. Welsh
Faculty Scholarship
This brief essay, written for a symposium on The Emerging Interdisciplinary Cannon of Negotiation, describes three categories of rules which comprise the law of bargaining. First, common law limitations govern virtually all negotiators: the doctrines of fraud and misrepresentation limit the extent to which negotiators may deceive, and the doctrine of duress limits the extent to which bargainers can use superior bargaining power to coerce agreement. Second, context-specific laws sometimes circumscribe negotiating behavior in specific settings when general rules are less restrictive. Third, the conduct of certain negotiators is constrained by professional or organizational regulations inapplicable to the general public. …
Perceptions Of Fairness In Negotiation, Nancy A. Welsh
Perceptions Of Fairness In Negotiation, Nancy A. Welsh
Faculty Scholarship
In all of negotiation, there is no bigger trap than "fairness." This chapter from the Negotiator's Fieldbook explains why among multiple models of fairness, people tend to believe that the one that applies here is the one that happens to favor them. This often creates a bitter element in negotiation, as each party proceeds from the unexamined assumption that its standpoint is the truly fair one. For a negotiation to end well, it is imperative for both parties to assess the fairness of their own proposals from multiple points of view, not just their instinctive one – and to consider …