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- Journal of Race, Gender, and Ethnicity (1)
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- St. Mary's Journal on Legal Malpractice & Ethics (1)
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Articles 1 - 15 of 15
Full-Text Articles in Law
Reforming World Bank Dispute Resolution: Icsid In Context, Susan Franck
Reforming World Bank Dispute Resolution: Icsid In Context, Susan Franck
Articles in Law Reviews & Other Academic Journals
During a tumultuous moment in history with shifts in power and politics, international dispute settlement stands at a crossroads. In theory, international dispute settlement should not institutionalize abuses of power, rely upon a monolithic one-size-fits-all model, or be a waste of resources, which will inevitably generate stakeholder dissatisfaction. Rather, dispute resolution should reflect both a commitment to the rule of law and equal treatment that sustains nuanced, fair, and just procedures most likely to provide results of substantive quality. Against this backdrop and with the major reforms concluded in July 2022, this article explores the reality of dispute resolution at …
Settling Claims For Reparations, Daniel Butt
Settling Claims For Reparations, Daniel Butt
Journal of Race, Gender, and Ethnicity
The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling …
The Importance Of Doctor Liability In Medical Malpractice Law: China Versus The United States, Vincent R. Johnson
The Importance Of Doctor Liability In Medical Malpractice Law: China Versus The United States, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Medical malpractice law in China does not work. Disappointed patients and their families, or the gangs they hire, frequently resort to physical violence, beating up doctors and disrupting hospital activities in order to extort settlements. This happens because Chinese law has failed to provide viable remedies to many victims of medical malpractice.
This dysfunctional situation (medical chaos or yinao) has persisted for more than two decades. Today, parents in China discourage their children from attending medical school because practicing medicine is too dangerous.
Reforming Chinese medical malpractice law will be difficult. Many factors contribute to the public’s lack of confidence …
The Singapore Convention On Mediation: A Framework For The Cross-Border Recognition And Enforcement Of Mediated Settlements, Timothy Schnabel
The Singapore Convention On Mediation: A Framework For The Cross-Border Recognition And Enforcement Of Mediated Settlements, Timothy Schnabel
Pepperdine Dispute Resolution Law Journal
This article attempts to provide a definitive overview of the text, structure, history, and purpose of the Singapore Convention on Mediation (also known as the United Nations Convention on International Settlement Agreements Resulting from Mediation), a new multilateral treaty developed by the U.N. Commission on International Trade Law (UNCITRAL). The Convention, scheduled to open for signature in August 2019, provides a uniform, efficient framework for the recognition and enforcement of mediated settlement agreements that resolve international, commercial disputes — akin to the framework that the 1958 New York Convention provides for arbitral awards. Unlike the other primary international organizations that …
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
Scholarly Works
No abstract provided.
International Law, Settlements And The Two-State Solution, James J. Friedberg
International Law, Settlements And The Two-State Solution, James J. Friedberg
Faculty & Staff Scholarship
No abstract provided.
Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson
Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson
Harold I. Abramson
The best time to settle an international business dispute can be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when they do, they risk losing their jobs. So, what can international arbitrators safely do? What dare they do? In this article, the author explores the dilemma presented when one neutral …
Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez
Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez
NYLS Law Review
No abstract provided.
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye
NYLS Law Review
No abstract provided.
Settling A Corporate Accountability Lawsuit Without Sacrificing Human Rights: Wang Xiaoning V. Yahoo!, Theresa Harris
Settling A Corporate Accountability Lawsuit Without Sacrificing Human Rights: Wang Xiaoning V. Yahoo!, Theresa Harris
Human Rights Brief
No abstract provided.
Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson
Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson
Scholarly Works
The best time to settle an international business dispute can be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when they do, they risk losing their jobs. So, what can international arbitrators safely do? What dare they do?
In this article, the author explores the dilemma presented when one neutral …
Marriage, Property &(And) The Affective Family, Lloyd Bonfield
Marriage, Property &(And) The Affective Family, Lloyd Bonfield
Articles & Chapters
No abstract provided.
Settlement Of The Namibian Dispute: The United States Role In Lieu Of U.N. Sanctions, Deneice C. Jordan-Walker
Settlement Of The Namibian Dispute: The United States Role In Lieu Of U.N. Sanctions, Deneice C. Jordan-Walker
Case Western Reserve Journal of International Law
No abstract provided.
International Claims Procedure Before The Department Of State, Gordon A. Christenson
International Claims Procedure Before The Department Of State, Gordon A. Christenson
Faculty Articles and Other Publications
The problem of method in the presentation of international claims to the Department of State has received inadequate analysis.' Remedial or procedural aspects of international law have been viewed largely as international arbitration, adjudication of disputes before the International Court of Justice or the determination of claims by national claims commissions. 2 This article will consider some procedural aspects of presenting international claims to the Department of State for espousal to foreign governments or for other assistance. Since much international litigation between states originates in this fashion, it is appropriate that an inquiry into procedures should begin with the first …