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Articles 301 - 325 of 325
Full-Text Articles in Law
Legislative Study: Massachusetts Municipal Conflict Resolution Needs Assessment, Interim Report, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston
Legislative Study: Massachusetts Municipal Conflict Resolution Needs Assessment, Interim Report, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston
Massachusetts Office of Public Collaboration Publications
All across Massachusetts, municipal officials are at the front line of dealing with today’s complex problems in such areas as budgets, education, land use, environment, economic development, public works, public safety and public health. In addressing these complex problems, local public officials tackle public conflicts head-on and bring many to resolution. However, officials also face public conflicts that persist and impair their ability to move forward. This study documents specific needs that municipal officials identified as important for dealing with public conflict and for obtaining the societal results they desired. These ran the gamut from resource and process-oriented needs to …
'Experiential Education Through The Vis Moot' And 'Building On The Bergsten Legacy: The Vis Moot As A Platform For Legal Education', Ronald A. Brand
'Experiential Education Through The Vis Moot' And 'Building On The Bergsten Legacy: The Vis Moot As A Platform For Legal Education', Ronald A. Brand
Articles
Recent discussions of experiential education have at times considered the role of moot opportunities in legal education. Many, if not most, moot courts and related activities have been designed primarily as competitions. One moot, the Willem Vis International Commercial Arbitration Moot, is different in that it was designed, and has been consistently administered, as a tool for educating future lawyers. That education has included both skills training of the highest order and the development of a doctrinal understanding of important international legal instruments, especially those created and administered by the United Nations Commission on International Trade Law (UNCITRAL). This pair …
Understanding Judgments Recognition, Ronald A. Brand
Understanding Judgments Recognition, Ronald A. Brand
Articles
The twenty-first century has seen many developments in judgments recognition law in both the United States and the European Union, while at the same time experiencing significant obstacles to further improvement of the law. This article describes two problems of perception that have prevented a complete understanding of the law of judgments recognition on a global basis, particularly from a U.S. perspective. The first is a proximity of place problem that has resulted in a failure to understand that, unlike the United States, many countries allow their own courts to hear cases based on a broad set of bases of …
Victims Of Our Own Success: The Perils Of Obergefell And Windsor, Anthony C. Infanti
Victims Of Our Own Success: The Perils Of Obergefell And Windsor, Anthony C. Infanti
Articles
This short essay was spurred by the numerous celebrations of the Supreme Court’s recent decision in Obergefell v. Hodges legalizing same-sex marriage in all fifty states. Though the essay acknowledges the importance of both Obergefell and the Supreme Court’s earlier decision in United States v. Windsor, it highlights the significant perils that these decisions entail for the LGBT community. In the essay, I use tax as a lens for describing some of the lesser-known perils associated with these decisions in the hopes of making those perils more concrete and easily understood by a wide audience of (tax and nontax) …
Black Cat, White Cat: The Identity Of The Wto Judges, Louise Johannesson, Petros C. Mavroidis
Black Cat, White Cat: The Identity Of The Wto Judges, Louise Johannesson, Petros C. Mavroidis
Faculty Scholarship
WTO judges are proposed by the WTO Secretariat and elected to act as ‘judges’ if either approved by the parties to a dispute, or by the WTO Director-General in case no agreement between the parties has been possible. They are typically ‘Geneva crowd’, that is, they are either current or former delegates representing their country before the WTO. This observation holds for both first- as well as second-instance WTO judges (e.g. Panelists and members of the Appellate Body). In that, the WTO evidences an attitude strikingly similar to the GATT. Whereas the legal regime has been heavily ‘legalized’, the people …
Taking Care Of Business: The Legal Affairs Division From The Gatt To The Wto, Petros C. Mavroidis
Taking Care Of Business: The Legal Affairs Division From The Gatt To The Wto, Petros C. Mavroidis
Faculty Scholarship
The WTO is usually referred to as a ‘member-driven organisation’. This term aims to capture the idea that it is states and customs territories, the members of the WTO, that have the initiative to decide on the direction of the institution. The WTO Secretariat is more or less what the term denotes: staff hired in order to help the members realise their aspirations. This is as true today as it was yesterday. Actually, over the years the Secretariat has for various reasons accumulated extra responsibilities, always with the tacit acquiescence or explicit acknowledgement of the members. In short, the members …
Reconceptualizing Non-Article Iii Tribunals, Jaime Dodge
Reconceptualizing Non-Article Iii Tribunals, Jaime Dodge
Scholarly Works
The Supreme Court’s Article III doctrine is built upon an explicit assumption that Article III must accommodate non-Article III tribunals in order to allow Congress to “innovate” by creating new procedural structures to further its substantive regulatory goals. In this Article, I challenge that fundamental assumption. I argue that each of the types of non-Article III innovation and the underlying procedural goals cited by the Court can be obtained through our Article III courts. The Article then demonstrates that these are not theoretical or hypothetical solutions, but instead are existing structures already in place within Article III. Demonstrating that the …
The Testamentary Foundations Of Commercial Arbitration, Peter B. Rutledge
The Testamentary Foundations Of Commercial Arbitration, Peter B. Rutledge
Scholarly Works
This Article offers the first systematic treatment of the relationship between commercial arbitration and testamentary arbitration. (By testamentary arbitration, I mean an arbitration clause contained in a will requiring beneficiaries to resolve differences over the estate by means of an enforceable decision by a private party rather than judicial resolution in a probate court.) Recent scholarship and jurisprudence have questioned the enforceability of these arrangements as incompatible with the requirement of a written "agreement" between parties to the arbitration. Contrary to these views, close examination of the historical record of testamentary arbitration leading to the Federal Arbitration Act's enactment reveals …
"Sticky" Arbitration Clauses? The Use Of Arbitration Clauses After Concepcion And Amex, Peter B. Rutledge, Christopher R. Drahozal
"Sticky" Arbitration Clauses? The Use Of Arbitration Clauses After Concepcion And Amex, Peter B. Rutledge, Christopher R. Drahozal
Scholarly Works
We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. After the Supreme Court’s decision in Concepcion, commentators predicted that every business soon would use an arbitration clause, coupled with a class arbitration waiver, in their standard form contracts to avoid the risk of class actions. We examine two samples of franchise agreements: one sample in which we track changes in arbitration clauses since 1999, and a broader sample focusing on changes since 2011, immediately before Concepcion was decided. Our central finding is consistent across …
Disappearing Claims And The Erosion Of Substantive Law, J. Maria Glover
Disappearing Claims And The Erosion Of Substantive Law, J. Maria Glover
Georgetown Law Faculty Publications and Other Works
The Supreme Court’s arbitration jurisprudence from the last five years represents the culmination of a three-decade-long expansion of the use of private arbitration as an alternative to court adjudication in the resolution of disputes of virtually every type of justiciable claim. Because privatizing disputes that would otherwise be public may well erode public confidence in public institutions and the judicial process, many observers have linked this decades-long privatization of dispute resolution to an erosion of the public realm. Here, I argue that the Court’s recent arbitration jurisprudence undermines the substantive law itself.
While this shift from dispute resolution in courts—the …
Mediation: The Best And Worst Of Times, Jacqueline Nolan-Haley
Mediation: The Best And Worst Of Times, Jacqueline Nolan-Haley
Faculty Scholarship
At this period in the evolution of dispute resolution, mediation is in a unique time zone, similar to what Dickens described in a Tale of Two Cities, as the best and worst of times, the seasons of Light and Darkness. It is the best of times, the season of Light and a time of joy in honoring human connections, as mediation is widely embraced in the public and private sectors. From government agencies and courts to corporations and United Nations peacemaking units, mediation offers a vision of hope in the midst of drowning bureaucracies, clogged dockets, corporate scandals and ethnic …
Medical Malpractice Claims In Mississippi: A Preliminary Analysis, Randall K. Johnson
Medical Malpractice Claims In Mississippi: A Preliminary Analysis, Randall K. Johnson
Faculty Works
This essay explains where medical malpractice claims are filed in Mississippi. It initially does so by collecting state circuit court data, which have been recently released by the Administrative Office of Courts. The essay, then, computes summary statistics. Lastly, it examines these statistics: in order to find out which county had the most medical malpractice claims.
Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit
Ethics And Matrimonial Representation Annotated Bibliography, Barbara Glesner Fines, Nancy Levit
Faculty Works
No abstract provided.
Mediation's Effects: Test, Don't Guess, James A. Wall, Kyle R. Holley
Mediation's Effects: Test, Don't Guess, James A. Wall, Kyle R. Holley
Arbitration Law Review
No abstract provided.
Special Education Arbitration: "Rightness" As A Matter Of Law And Fact?, Stephen S. Worthington
Special Education Arbitration: "Rightness" As A Matter Of Law And Fact?, Stephen S. Worthington
Arbitration Law Review
No abstract provided.
The Idea Of Arbitration, Zachary Burley
Dramatic Sideshows At The Hearing, George A. Bermann
Dramatic Sideshows At The Hearing, George A. Bermann
Faculty Scholarship
International arbitration has plenty of dramatic moments, strewn across the arbitration life cycle. They can surface quite early, as in the context of petitions for interim relief, document production, challenges to the arbitrator or various dispositive motions. They are less likely to occur at the post-award stage (i.e. annulment or opposition to the recognition or enforcement of awards), due in part to the fact that that stage typically plays out in the sober atmosphere of a national court. But more often than not, the drama associated with international arbitration takes place in and around the arbitral hearing room.
In my …
Hryniak: Two Years Later: The Multiple Applications Of ‘That Summary Judgment Case’ From The Supreme Court Of Canada, Jessica Fullerton, Suzie Dunn
Hryniak: Two Years Later: The Multiple Applications Of ‘That Summary Judgment Case’ From The Supreme Court Of Canada, Jessica Fullerton, Suzie Dunn
Articles, Book Chapters, & Popular Press
In January 2014, the Supreme Court of Canada released its decision in Hryniak v Mauldin2 and called for a “culture shift” in the approach to summary judgment and the civil justice system more generally. With the ambitious goal of reducing protracted, costly litigation that undermines access to justice – all the while ensuring the fair and just adjudication of disputes – it is surprising that Hryniak has not garnered more attention.
Or has it? It has been nearly two years since the Supreme Court’s call for change was levied. Since that time, Hryniak has been cited more than 800 times …
Dreptul Arbitral, Explicat, William W. Park
Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Mackay
Articles, Book Chapters, & Popular Press
This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among …
When Disciplines Collide: Polygamy And The Social Sciences On Trial, Jodi Lazare
When Disciplines Collide: Polygamy And The Social Sciences On Trial, Jodi Lazare
Articles, Book Chapters, & Popular Press
This article draws on the Supreme Court of British Columbia's Reference re: Section 293 of the Criminal Code of Canada [the Polygamy Reference] as a concrete example of the benefits and limitations of intense judicial reliance on social science evidence in the adjudication of constitutional rights and freedoms at the trial level. By examining the evidence tendered, I suggest that the current adversarial model of adjudication is illsuited to combining the legal and the social scientific endeavours. The divergent values, methodologies and objectives of the legal and scientific enterprises severely limit the benefits that the former can yield, thus compromising …
Culture As A Success Factor In International M&A Dispute Processes, Art Gemmell
Culture As A Success Factor In International M&A Dispute Processes, Art Gemmell
art gemmell
It is undoubtedly true that most M&A practitioners do a fine job of focusing on the deal before them. Great attention is paid to the legalities and accounting intricacies necessary to advance their clients’ interests. However, beyond ensuring that financial statements are GAPP compliant; beyond ensuring that all appropriate material has been disclosed; beyond wordsmithing representations and warranties; there is a broader perspective, I would suggest, necessary to increase the likelihood of success for ones’ clients: culture.
International Arbitration Rules And Their Effect On The Merits Of Energy Sector Disputes, Brian Abbas
International Arbitration Rules And Their Effect On The Merits Of Energy Sector Disputes, Brian Abbas
Brian Abbas
International Arbitration Rules and Their Effect on the Merits of Energy Sector Disputes Many countries around the world rely on the energy sector for industry, national security, mobility, economy, and countless other benefits. The importance of the energy sector makes disputes likely and necessitates dispute resolution mechanisms. Through International Investment Agreements (IIAs), arbitration has become an integral part of the dispute resolution process in international energy sector disputes. Thus, understanding the arbitration rules and how choosing one set of rules can affect the outcome of an international energy sector dispute becomes an important task. The most prevalent arbitration rules are …
How Urgent Shall An Emergency Be. The Standards Required To Grant Urgent Relief By Emergency Arbitrators, Edgardo Muñoz
How Urgent Shall An Emergency Be. The Standards Required To Grant Urgent Relief By Emergency Arbitrators, Edgardo Muñoz
Edgardo Muñoz
In recent years, many arbitration institutions have adopted so-called ‘emergency relief rules’. These rules allow parties to request an ‘emergency arbitrator’ to issue interim measures before the arbitral tribunal is constituted. The author submits that while emergency arbitrators might apply the same substantive requirements that arbitral tribunals apply for granting interim relief, the standard required to meet each substantive requirement shall be different. In addition, the author explores the power of emergency arbitrators to grant urgent relief ex parte and a particular fact scenario where emergency arbitrators will add imminent value to the process of arbitration.
Crime Victims And Offenders Face To Face: An Overview Of The Tdcj Victim Offender Mediation/Dialogue, Richard B. Keeton
Crime Victims And Offenders Face To Face: An Overview Of The Tdcj Victim Offender Mediation/Dialogue, Richard B. Keeton
Richard B. Keeton, Esq.
This paper focuses on the Victim Offender Mediation/Dialogue program unique to the Texas Department of Criminal Justice. Victim offender mediation is "a process that provides interested victims an opportunity to meet their offender, in a safe and structured setting, and engage in a mediated discussion of the crime." The goal is to hold offenders directly accountable for their actions while providing support and assistance to the victims. With the assistance of a trained mediator, the victim is able to tell the offender about the crime's physical, emotional, and financial impact, while receiving answers to lingering questions about the crime and …