Law Commons^™

Private Lands Conservation In Puerto Rico, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

41 p. ; 28 cm

Private Lands Conservation In The Commonwealth Of The Northern Mariana Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

68 p. ; 28 cm

Private Lands Conservation In The Federated States Of Micronesia, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

74 p. ; 28 cm

Private Lands Conservation In Papua New Guinea, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

35 p. ; 28 cm

Private Lands Conservation In The Solomon Islands, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

69 p. ; 28 cm

Private Lands Conservation In Palau, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

1, 37 leaves ; 28 cm

Private Lands Conservation In St. Vincent And The Grenadines, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

56 p. ; 28 cm

Arbitral Law-Making, Thomas E. Carbonneau

Journal Articles

Diversity--of a cultural, economic, religious, and political kind—exists not only among nation-states and in the sources and interpretation of international law, but also among the group of commentators who study the interactions of transborder actors and institutions. For example, sociologists interested in the global community seek to identify emerging entities and activities and to elaborate conceptual models that explain the new differentiations within the traditional pattern. Some of them have a mounting interest in the fashioning of transborder commercial justice by international arbitrators and private arbitral institutions. Who are these new players? How did they acquire their mandate? Further, how …

Arbitration Advocacy: From Clause To Hearing, 28 Am. J. Trial Advoc. 101 (2004), Celeste M. Hammond, Jeffrey J. Mayer

UIC Law Open Access Faculty Scholarship

This Article provides an overview of the key differences between arbitration and litigation, a look at the past and present state of the law governing arbitration, techniques for drafting arbitration clauses, and effective advocacy at arbitration hearings

Www.Yourname.Com: How Useful Is The Uniform Domain Name Dispute Resolution Policy ("Udrp") In Protecting Personal Names From Cybersquatters?, 22 J. Marshall J. Computer & Info. L. 535 (2004), Georgette H. Tarnow

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

A Normative Critique Of Private Domain Name Dispute Resolution, 22 J. Marshall J. Computer & Info. L. 625 (2004), J.R. Hildenbrand

UIC John Marshall Journal of Information Technology & Privacy Law

In recent years, much has been made of the rapid expansion and tremendous commercial potential of the Internet. As such, domain names that contain or imply an entities trademarked name have become extremely valuable to these entities. The difficulty, however, is balancing the rights of the trademark owners with Internet users within the burgeoning commercial environment. This comment examines the balance between the Uniform Dispute Resolution Policy (UDRP) and traditional trademark protection. It discusses several persuasive documents including the International Trademark Association’s 1997 White Paper and the United States Department of Commerce’s Green and White papers. The comment further develops …

New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright

Journal of Health Care Law and Policy

No abstract provided.

Terminating Public School Teachers For Cause Under Minnesota Law, Christine D. Ver Ploeg

William Mitchell Law Review

It is important to understand the realities that surround the discharge of a teacher, for embarking upon this path promises to be painful for everyone involved. Teachers who challenge allegations that they are personally or professionally unworthy of continuing to teach in their districts--or perhaps to continue to teach at all--understandably experience extraordinary trauma and anxiety. By the same token, districts that ultimately fail to prove the case for discharge can face significant financial liability and may even be forced to reinstate teachers who have been found to be deficient. Finally, these efforts often divide schools and communities because teachers, …

Case Note: Contracts—Into The Void: Minnesota Limits Application Of The Prima Paint Doctrine—Onvoy, Inc. V. Shal, Llc, Mikel D. Johnson

William Mitchell Law Review

This note first gives a brief overview of arbitration use in the United States. It then discusses the Onvoy decision and provides an analysis of the Minnesota Supreme Court’s ruling. Finally, the note concludes that the court’s holding properly weighs Minnesota’s strong presumption in favor of arbitration against the need to allow access to the courts.

Judicial Attitudes Toward Arbitration And The Resurgence Of Unconscionability, Susan Randall

Buffalo Law Review

No abstract provided.

Summary Of Health Plan Of Nev., Inc. V. Rainbow Medical, Llc, Matt Wagner

Nevada Supreme Court Summaries

This case was an appeal and cross-appeal dealing with Nevada’s Uniform Arbitration Act and the scope of judicial review of an arbitration award.

The Impact Of The Impact Bias On Negotiation, Chris Guthrie, David Sally

Vanderbilt Law School Faculty Publications

The theory of principled or problem-solving negotiation assumes that negotiators are able to identify their interests (or what they really want) in a negotiation. Recent research on effective forecasting calls this assumption into question. In this paper, which will appear in a forthcoming symposium issue of the Marquette Law Review devoted to the Emerging Interdisciplinary Canon of Negotiation, we explore the impact of this research on negotiation and lawyering.

Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Chris Guthrie

Vanderbilt Law School Faculty Publications

Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of Medicine, by Barry Werth, an investigative reporter who spent several years researching to write the book. Damages, an in-depth account of a medical malpractice case, presents the perspectives of the injured family, the defendant physician, the lawyers, and the three mediators. In this Symposium Introduction, the authors provide a summary of Werth's book, explain why they decided to create a course based on his …

Wither The Udrp: Autonomous, Americanized Or Cosmopolitan?, Laurence R. Helfer

Faculty Scholarship

Recently, assessments of the performance of the Uniform Domain Name Dispute Resolution Policy (UDRP) have stressed the need for institutional and procedural reforms relating to issues such as forum shopping, panel selection, and pleading rules. Far less attention, however, has been paid to a different set of issues critical to assessing the UDRP's performance: its relationship to national courts and to national intellectual property laws. There are three different ways in which this relationship might evolve to change the present structure and functions of the UDRP. First, the UDRP might be made more autonomous in character, transforming it into a …

The State Of External Law's Effect On The Arbitration Process. Iii. A Commentary On The External Law Papers And Iv. Panel Discussion, Theodore J. St. Antoine, Marilyn S. Teitelbaum, Robert Vercruysse

Book Chapters

Marilyn Teitelbaum: I think I have the best of all worlds because I can read these great papers, without having to prepare one of my own, and like all lawyers I like to talk. So, I can share my views, that sometimes diverge from both of the views just presented, particularly the view from the management perspective.

In one part of Ted St. Antoine’s paper that was not discussed with you today, he says that the external law question may be a “tempest in a tea pot.” My words would be similar—“much ado about nothing.” I think there is a …

Action Science And Negotiation, Michael Moffitt, Scott R. Peppet

Publications

No abstract provided.

University Of Idaho College Of Law's 8th Annual Northwest Institute For Dispute Resolution, May 17-21, 2004, Maureen Laflin

Articles

No abstract provided.

Case-Management Criminal Mediation Offers Promise But Requires Caution, Maureen Laflin

Articles

No abstract provided.

Arbitral Law-Making, Thomas E. Carbonneau

Michigan Journal of International Law

Diversity--of a cultural, economic, religious, and political kind—exists not only among nation-states and in the sources and interpretation of international law, but also among the group of commentators who study the interactions of transborder actors and institutions. For example, sociologists interested in the global community seek to identify emerging entities and activities and to elaborate conceptual models that explain the new differentiations within the traditional pattern. Some of them have a mounting interest in the fashioning of transborder commercial justice by international arbitrators and private arbitral institutions. Who are these new players? How did they acquire their mandate? Further, how …

Reply To Judge Easterbrook: Regarding History As A Judicial Duty, Harry F. Tepker

Oklahoma Law Review

No abstract provided.

Mediation On Trial: Ten Verdicts On Court-Related Adr, Nadja Alexander

Research Collection Yong Pung How School Of Law

This article critically evaluates the development of court-related mediation by reference to the evolution of ADR practice and theory. The author explores the divergent approaches taken in different jurisdictions to the relationship between ADR and court-based processes while referring to some similar phases of development and the varied empirical examinations of process. The integration of ADR into the 'mainstream' dispute resolution culture is also explored from the perspective of the diversity versus consistency of process debates while reflecting upon the variations in ADR usage between inquisitorial and more adversarial legal systems.

Expected Value Arbitration, Joshua Davis

Oklahoma Law Review

No abstract provided.

Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow

Cleveland State Law Review

The adversarial process serves its purpose in our society; however, that does not mean that there are not better ways to handle specific cases. To that end, nonadversarial systems offer tremendous potential in civil litigation, in governmental relations, in neighborhood and family conflicts, and, especially, in divorce child custody cases. If mediation statutes are contemplated for the sole purpose of judicial economy, discretionary statutes are sufficient. For the true value of mediation to be experienced, however, a mandatory scheme containing safeguards for cases involving domestic violence should be implemented.Understandably, many mediators are leery of the effect that mandatory schemes have …

Understanding Settlement In Damages (And Beyond), Chris Guthrie

Vanderbilt Law School Faculty Publications

For all of the ways in which the Sabia case is extraordinary, its outcome--settlement--is decidedly ordinary. In most civil litigation, as in the Sabias' litigation against Dr. Maryellen Humes and Norwalk Hospital, "[s]ettlement is where the action is." Roughly two-thirds of all cases settle (and most of the rest are resolved through motions). Why do most cases settle? Given the costs, delay, and unpleasantness of the litigation process, why do any cases go to trial? To address these questions--that is, to explain why most cases settle as well as why some cases "fail" to settle and result in trial--legal academics …

Contractual Stipulation For Judicial Review And Discovery In United States-Japan Arbitration Contracts, Norman T. Braslow

Seattle University Law Review

This Article discusses in detail how the arbitration process in both the United States and Japan can very often result in injustice to both parties. Part II describes how limitations on discovery can cause vital information necessary to either prosecute or defend a claim to never appear before the arbitrator. The article then discusses the possibility of including provisions that might ameliorate this problem. Next, this Part examines specific examples of situations where the arbitrators can ignore the civil rules of evidence and admit evidence that would be inadmissible in a court of law. Finally, this Part concludes with a …