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Articles 1 - 30 of 136
Full-Text Articles in Law
Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law
Newsroom: Logan On 2015'S Record Settlements, Roger Williams University School Of Law
Life of the Law School (1993- )
Also available @ http://law.rwu.edu/story/logan-2015s-record-settlements
Newsroom: Logan On Volkswagen Emissions, Roger Williams University School Of Law
Newsroom: Logan On Volkswagen Emissions, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Helfstein V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 91 (Dec. 3, 2015), Heather Caliguire
Helfstein V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 91 (Dec. 3, 2015), Heather Caliguire
Nevada Supreme Court Summaries
The Nevada Supreme Court determined that the six-month deadline to set aside a voluntary dismissal or settlement agreement found within NRCP 60(b) could not be extended, despite an allegation of fraud.
Predicting Outcomes In Investment Treaty Arbitration, Susan Franck
Predicting Outcomes In Investment Treaty Arbitration, Susan Franck
Articles in Law Reviews & Other Academic Journals
Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes. As the United States negotiates investment treaties with Asian and European countries, the terms of dispute settlement have become contentious. There is a vigorous debate about whether investment treaty arbitration (ITA) is an appropriate dispute settlement mechanism. While some sing the praises of ITA, others offer a spirited critique. Some critics claim that ITA is biased against states, while others suggest ITA is predictable but unfair due to factors like arbitrator identity or venue. Using data from 159 final cases derived …
Hazards Of The Job: Good Listening And Mental Health, Nadja Alexander
Hazards Of The Job: Good Listening And Mental Health, Nadja Alexander
Research Collection Yong Pung How School Of Law
To the extent that a mediator’s job involves listening to people complain and engage in negative behaviour, mediators face a serious mental health hazard.
Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association
Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association
Articles
These comments respond to proposed Treasury Regulations defining terms relating to marital status in the Internal Revenue Code following the Supreme Court's decision in the Windsor and Obergefell cases. The comments applaud the Internal Revenue Service for reading gendered terms relating to marital status in a gender-neutral fashion. For a number of reasons, however, the comments recommend that the final regulations omit the proposed rule for determining an individual’s marital status and, in its place, codify the current deference to local law in determining marital status for federal tax purposes. Most importantly, the comments further recommend that the final regulations …
Tpp Would Let Foreign Investors Bypass The Canadian Public Interest, Lisa E. Sachs, Lise Johnson
Tpp Would Let Foreign Investors Bypass The Canadian Public Interest, Lisa E. Sachs, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
In early October, prime ministerial candidate Justin Trudeau promised Canadians “a full and open public debate” on the Trans-Pacific Partnership. With 30 chapters that would bind Canada to sweeping agreements on everything from services to intellectual property to the environment to procurement, there is much to debate.
The Tpp’S Investment Chapter: Entrenching, Rather Than Reforming, A Flawed System, Lise Johnson, Lisa E. Sachs
The Tpp’S Investment Chapter: Entrenching, Rather Than Reforming, A Flawed System, Lise Johnson, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
During the negotiations of the Trans-Pacific Partnership (TPP) agreement, many stakeholders raised strong concerns about the Investment Chapter of the TPP, and in particular, the investor-state dispute settlement mechanism (ISDS). The US Trade Representative (USTR) and other representatives of the negotiating partners assured the stakeholders that the TPP’s investment chapter would respond to the legitimate concerns about expansive investor protections and ISDS. The actual text, however, when made public, showed the opposite: a further evisceration of the role of domestic policy, institutions, and constituents. In their current form, the TPP’s substantive investment protections and ISDS pose significant potential costs to …
Next Generation Treaty – India’S New Model Bit Makes It Clear That Its Goal Is To Accomplish More Than Investor Protection, Lisa E. Sachs, Lise Johnson, Sudhanshu Roy
Next Generation Treaty – India’S New Model Bit Makes It Clear That Its Goal Is To Accomplish More Than Investor Protection, Lisa E. Sachs, Lise Johnson, Sudhanshu Roy
Columbia Center on Sustainable Investment Staff Publications
The April release of India’s draft model bilateral investment treaty 1(BIT), which is expected to be approved by the cabinet soon, has generated a rich public debate on its international investment regime. There are important questions about the purpose and content of investment treaties, both in India and other countries. However, some reactions – like Augusts Law Commission report suggesting that the model BIT was not sufficiently investor-friendly – frame the discussion too narrowly, ignoring key questions and objectives behind India’s transitioning investment policy regime.
Pedr Is Important For Culture Change In Courts, John Lande
Pedr Is Important For Culture Change In Courts, John Lande
Faculty Blogs
This post highlights a report by the Institute for the Advancement of the American Legal System, Change the System, Change the Culture: Top 10 Cultural Shifts Needed to Create the Courts of Tomorrow. One of the recommended cultural shifts is “Dig Deep, Earlier: Lawyers need to develop a deep understanding of their case early in the process.”
Singapore: Reflecting On The Development Of The Domestic Mediation Scene, Eunice Chua
Singapore: Reflecting On The Development Of The Domestic Mediation Scene, Eunice Chua
Research Collection Yong Pung How School Of Law
Amidst all the attention that Singapore has attracted as an international dispute resolution hubwith the recent launches of the Singapore International Mediation Centre (“SIMC”), SingaporeInternational Mediation Institute (“SIMI”) and the Singapore International Commercial Court,it is appropriate to pause to reflect on how far the domestic mediation scene has come in orderto support these global ambitions.
Lawrence V Fen Tigers: Controversies And Clarifications In The Law Of Nuisance, Kee Yang Low
Lawrence V Fen Tigers: Controversies And Clarifications In The Law Of Nuisance, Kee Yang Low
Research Collection Yong Pung How School Of Law
The law of nuisance is an area which is fraught with difficulties. In Lawrence v Fen Tigers [2014] 2 WLR 433, the UK Supreme Court dealt with several of these issues, in particular the relevance of planning permission and when damages should be granted in lieu of an injunction. This comment examines the decision and its implications.
The Singapore International Commercial Court: A Challenge To Arbitration?, Kc Lye, Darius Chan
The Singapore International Commercial Court: A Challenge To Arbitration?, Kc Lye, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua
Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua
Research Collection Yong Pung How School Of Law
Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build on Singapore’s reputation for quality legal services, including its status as the most preferred seat of arbitration in Asia and the third most preferred seat of arbitration in the world.[1] They bring more options to parties facing cross-border disputes who need tailored solutions that meet their needs.
Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua
Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua
Research Collection Yong Pung How School Of Law
Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build on Singapore’s reputation for quality legal services, including its status as the most preferred seat of arbitration in Asia and the third most preferred seat of arbitration in the world.[1] They bring more options to parties facing cross-border disputes who need tailored solutions that meet their needs.
The Scope Of ‘De Novo’ Review Of An Arbitral Tribunal’S Jurisdiction, Darius Chan
The Scope Of ‘De Novo’ Review Of An Arbitral Tribunal’S Jurisdiction, Darius Chan
Research Collection Yong Pung How School Of Law
In PT First Media TBK (formerly known as PT Broadband Multimedia TBK) v Astro Nusantara International BV [2014] 1 SLR 372 (“Astro”), the Singapore Court of Appeal held that the Court will apply a de novo standard of review when reviewing an arbitral award on the grounds of lack of jurisdiction. What exactly is the scope of de novo review? Specifically, can a party adduce before the Court fresh evidence that had not been put before the arbitral tribunal? Can a party insist that the Court re-hear oral testimony of witnesses who had testified before the arbitral tribunal?These separate but …
Shaking Decision Trees For Risks And Rewards, Marjorie Corman Aaron
Shaking Decision Trees For Risks And Rewards, Marjorie Corman Aaron
Faculty Articles and Other Publications
This articles explains the power and limitations of the role of numbers in the use of decision trees. Decision tree analysis involves cumulating probabilities. The method is also used to derive a “discounted value”: the sum of each possible outcome multiplied by its cumulative probability. Probability estimates must be true to their location on the tree and must assess interdependence of outcomes at risk pivots. When calculating cumulative probabilities, probabilities along a path must absolutely must be independent. A decision tree that is too simple fails to represent complex realities. One of the strongest reasons to use decision analysis is …
Potential Of Florida's Effective Assistance Of Counsel Doctrine To Increase Parent Engagement And Promote The Well-Being Of Children, Robert Latham, Robin L. Rosenberg
Potential Of Florida's Effective Assistance Of Counsel Doctrine To Increase Parent Engagement And Promote The Well-Being Of Children, Robert Latham, Robin L. Rosenberg
Articles
No abstract provided.
Improving Lawyers’ Judgment: Is Mediation Training De-Biasing?, Douglas N. Frenkel, James H. Stark
Improving Lawyers’ Judgment: Is Mediation Training De-Biasing?, Douglas N. Frenkel, James H. Stark
All Faculty Scholarship
When people are placed in a partisan role or otherwise have an objective they seek to accomplish, they are prone to pervasive cognitive and motivational biases. These judgmental distortions can affect what people believe and wish to find out, the predictions they make, the strategic decisions they employ, and what they think is fair. A classic example is confirmation bias, which can cause its victims to seek and interpret information in ways that are consistent with their pre-existing views or the goals they aim to achieve. Studies consistently show that experts as well as laypeople are prone to such biases, …
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Articles
Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor contracts—for credit cards, bank accounts, auto loans, broker-dealer services, and many others. These clauses often ill serve households. Consumers are typically presented with contracts on a “take it or leave it” basis, with no ability to negotiate over terms. Arbitration provisions are often not clearly disclosed, and in any event are not salient for consumers, who do not focus on the importance of the provision in the event that a dispute over the contract later arises, and who may misforecast the likelihood of being in such a dispute. The …
Equality Of Arms In Arbitration: Cost And Benefits, William W. Park
Equality Of Arms In Arbitration: Cost And Benefits, William W. Park
Faculty Scholarship
Depending on context and content, a regulatory framework can either help or hinder efforts to enhance aggregate social and economic welfare. Lively debate has arisen with respect to the net effects of two recent sets of directives for lawyer comportment in cross-border arbitration, the first being Guidelines adopted by the International Bar Association, the second contained in new arbitration rules promulgated by the London Court of International Arbitration. Each instrument aims to promote a more level playing field on matters where legal cultures differ, such as document production and counsel independence. Each has caused thoughtful commentators to question the need …
Von Fischen Im Wasser Und Andere Mediationserzählungen [Of Fish In Water And Other Mediation Stories] (In German), Nadja Alexander
Von Fischen Im Wasser Und Andere Mediationserzählungen [Of Fish In Water And Other Mediation Stories] (In German), Nadja Alexander
Research Collection Yong Pung How School Of Law
This essay offers an international and cross-cultural perspective on mediation. It builds on the contributions to this journal issue and extends the conversation to include (1) the role of culture in mediations models and (2) the taboo topic of directive, evaluative approaches. After reviewing various taxonomies of mediation models, the author’s mediation meta model is used as a framework to analyze diverse approaches of mediation including those presented in this issue. Historical-cultural perspectives provide further layers of depth and nuance that thicken the already complex storylines of the human mediation narrative. If mediation is to succeed in attaining truly global …
Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015), Kory Koerperich
Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015), Kory Koerperich
Nevada Supreme Court Summaries
The court denied extraordinary writ relief from the district court’s decision to compel arbitration between Petitioners and their employer based on a long-form arbitration agreement signed only by the Petitioners, and federal law favoring arbitration agreements.
Tallman V. Eight Judicial District Court, 131 Nev. Adv. Op. 60673 (Sep. 24, 2015), Marta Kurshumova
Tallman V. Eight Judicial District Court, 131 Nev. Adv. Op. 60673 (Sep. 24, 2015), Marta Kurshumova
Nevada Supreme Court Summaries
The Court held that an employment arbitration agreement, which contains a clause waiving the right to initiate or participate in class actions, constitutes a valid contract, even though it is not signed by the employer. The Court further determined that the Federal Arbitration Act applies to all transactions involving commerce and does not conflict with the National Labor Relations Act, which permits and requires arbitration. Finally, the Court found that a party does not automatically waive its contractual rights to arbitration by removing an action to federal court.
What Makes Lawyers Happy? – And How Can You Help?, John Lande
What Makes Lawyers Happy? – And How Can You Help?, John Lande
Faculty Blogs
This post summarizes Lawrence Krieger and Kennon Sheldon’s impressive study, What Makes Lawyers Happy?: A Data-Driven Prescription to Redefine Professional Success. They write, “[T]he current data show that the psychological factors [related to subjective well-being] seen to erode during law school are the very factors most important for the well-being of lawyers. Conversely, the data reported here also indicate that the factors most emphasized in law schools – grades, honors, and potential career income, have nil to modest bearing on lawyer well-being.”
Recent Developments In International Mediation: Singapore’S Unique Approach, Josephine Hadikusumo, Eunice Chua
Recent Developments In International Mediation: Singapore’S Unique Approach, Josephine Hadikusumo, Eunice Chua
Research Collection Yong Pung How School Of Law
Singapore’s vibrant dispute resolution sector has been growing on the back of a significant rise in commercial transactions in Asia and a corresponding increase in the number and complexity of cross-border disputes. In particular, Singapore has achieved significant success in the field of international arbitration. Singapore has been recognised as the third most preferred seat of arbitration, after London and Geneva, and the Singapore International Arbitration Centre (“SIAC”) is the fourth most preferred arbitral institution worldwide despite being a relatively young institution. In recent years, Singapore law firms have also ranked amongst the top international arbitration practices in Asia.In order …
Incentivizing Corporate America To Eradicate Transnational Bribery Worldwide: Federal Transparency And Voluntary Disclosure Under The Foreign Corrupt Practice Act, Peter Reilly
Faculty Scholarship
In 1977, it was discovered that hundreds of U.S. companies had spent hundreds of millions of dollars in bribes to improve business overseas. In response, Congress passed the Foreign Corrupt Practices Act (FCPA), thereby making it illegal to bribe foreign officials to obtain a business advantage. A major tension has emerged between the federal agencies charged with enforcing the FCPA (i.e., the DOJ and SEC), and the corporate entities trying to stay within the legal and regulatory bounds of the statute. Specifically, while the government appears to be trying to maximize discretion and flexibility in carrying out its enforcement duties, …
Michael Mustill: A Reminiscence, William W. Park
Michael Mustill: A Reminiscence, William W. Park
Faculty Scholarship
The arbitration world lost a giant when Michael Mustill departed in April of this year, just a few days short of his 84th birthday. A man of enormous intellect and wit, with a fine capacity for sincere friendship, this generous Yorkshireman enriched us through contributions as counsel, judge, scholar, and mentor.
Tips For Lawyers Who Want To Get Good Results For Clients And Make Money, John M. Lande
Tips For Lawyers Who Want To Get Good Results For Clients And Make Money, John M. Lande
Faculty Blogs
This post suggests that lawyers do the following to help clients achieve their goals: Understand your clients’ interests. Pay attention to what’s really important in your cases, not just the law or winning. Recognize the importance of emotions – especially yours. Get to know your counterpart lawyer. Make a habit of preparing to resolve matters at the earliest appropriate time. Be prepared to negotiate more than you might expect. Get help from mediators when needed. Be prepared to advocate hard and smart.