Law Commons^™

El Abuso Del Derecho, Jose R. Nina

Jose R. Nina Cuentas

Anotaciones sobre su configuración doctrinaria y legislativa.

History And Evolution Of International Cultural Heritage Law: Through The Question Of The Removal And Return Of Cultural Objects, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

The role of law in the removal and return of cultural objects has long been fraught and contested. This paper examines the history and development of the legal protection of cultural heritage at the international level with particular reference to the return of cultural objects.

With a view to facilitating the Intergovernmental Committee's future work, the paper is divided into four parts. First, there is an examination of the historical development of international cultural heritage law in respect of restitution over the last two centuries. Second, the establishment and work of the Intergovernmental Committee is considered in this historical legal …

Recognition Of Overseas Same Sex Marriages: A Matter Of Equality And Sound Statutory Interpretation, Dr Leonardo J. Raznovich

Dr Leonardo J Raznovich

It is accepted that the institution of marriage is more than economic benefits. The availability of marriage to same sex couples in eight western democratic jurisdictions exerts pressure on courts to consider the substance and ethical dimension of marriage across borders. This paper analyses the legal and ethical problems that exclusion of same sex couples from marriage generates in relation to equality and individual freedoms in a democratic society. The paper focuses on the particular case of overseas same sex married couples that seek to immigrate to England. Part I analyses the legal recognition of overseas same sex marriages under …

Arbitration Hurdles Facing Foreign Investors In Russia: Analysis Of Present Issues And Implications., Elliot Glusker

Elliot Glusker

The article looks at the legal and regulatory environment, specifically focusing on arbitration in order to ascertain if arbitration is an effective and reliable dispute resolution method for foreign investors doing business in Russia. The article examines various arbitration hurdles that foreign businesses and investors in Russia are likely to encounter and will offer advice on how to avoid or overcome these obstacles.

Adr And A Smile: Neocolonialism And The West's Newest Export In Africa, Anthony P. Greco

Anthony P Greco

No abstract provided.

Domain Names As Jurisdiction-Creating Property In Sweden, Ulf Maunsbach, Michael Bogdan

Ulf Maunsbach

No abstract provided.

Outward Bound To Other Cultures: Seven Guidelines For U.S. Dispute Resolution Trainers, Harold I. Abramson

Harold I. Abramson

This article was inspired by the opportunity to observe a two day negotiation training program' put together by Hamline University School of Law in Rome. It was called "Developing 'Second Generation' Global Negotiation Education." The trainers conducted a high level program for around thirty sophisticated professionals. And over forty scholars observed the training and then spent another two days discussing what was observed. Based on that experience as an observer and my own experience teaching and training abroad, along with additional research, I have identified seven guidelines for U.S. trainers. These guidelines should help trainers reduce any cultural mishaps, prepare …

Negotiation As A Post-Modern Process, Kenneth H. Fox

Kenneth H Fox

Conventional pedagogy treats negotiation as a strategic and instrumental process. Yet, recent developments in our field suggest that our frame for teaching negotiation is overly limited. Second generation negotiation research and teaching must recognize this limitation and expand our frame to incorporate additional paradigms for understanding people and how they interact. This article suggests a different conception for negotiation research and teaching.

Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin

Robert J. Condlin

In the good old days legal bargaining scholarship was based mostly on negotiator war stories exuberantly told. The social-scientific study of the subject did not begin in earnest until the nineteen-seventies. Since then, however, the literature of storytelling has gone into a pronounced eclipse and social-scientific study is now the principal scholarly game in town. This article questions the wisdom of this shift, almost seismic in its proportions, and argues that it is too soon to jump on the social science bandwagon. Discussion focuses to the uses made of the Prospect Theory of Daniel Kahneman and Amos Tversky and the …

Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.

Maureen A Weston

This article discusses issues that can arise when American atheletes attempt to deal with the web of national and international dispute resolution procedures and the emerging lex sportiva, which govern international sports. Specifically, it examines the reasons why the American court system cannot assist American athletes who submit to international sports dispute resolution procedures. Congress has designated the United States Olympic Committee (USOC) as the domestic organization that handles disputes involving Olympic-eligible American athletes. If the USOC declares an athlete ineligible or hands down some other sanction, the case can be submitted to the American Arbitration Association (AAA), the tribunal …

Chatterjee V. Ontario: Property, Crime And Civil Proceedings, Michelle Gallant

Michelle Gallant

This paper examines the decision in Chatterjee v. Ontario (Attorney General), which upheld the constitutionality of provincial legislation permitting the pursuit of civil actions in response to criminal activity. The legislation in question, Ontario's Civil Remedies Act, enabled the pursuit of money remedies for criminal activities through civil legal proceedings. The Supreme Court of Canada in Chatterjee examined whether or not provincial legislation permitting civil actions for breaches of the federal Criminal Code was ultra vires provincial jurisdiction. This paper provides an overview and an analysis of the Chatterjee decision.

The Usual Suspect Classifications: Criminals, Aliens And The Future Of Same-Sex Marriage, Michael A. Helfand

Michael A Helfand

In this Article, I argue for a new understanding of the immutability factor employed by courts in determining which classifications ought to receive suspect status under the Equal Protection Clause. Drawing on the process-based foundations of the Equal Protection Clause, this new understanding defines immutable traits not as traits that cannot be changed, but as traits that are in the words of the Supreme Court in Frontiero v. Richardson, mere "accident[s] of birth." In contrast, courts and scholars typically center the immutability inquiry on an individual’s technical ability to exit a particular class, which has led to inconsistencies in …

Bankruptcy Law's Treatment Of Creditors' Jury-Trial And Arbitration Rights, Stephen Ware

Stephen Ware

Impact Of Social Issues On Public Sector Employees: Research Summary And Implications For Workplace Conflict Professionals, Sherrill W. Hayes

Sherrill W. Hayes