Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Dispute Resolution and Arbitration (11)
- Labor and Employment Law (3)
- Administrative Law (2)
- Environmental Law (2)
- International Law (2)
-
- Banking and Finance Law (1)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Environmental Policy (1)
- Environmental Sciences (1)
- Health Law and Policy (1)
- Intellectual Property Law (1)
- Law and Economics (1)
- Legal Education (1)
- Natural Resources Law (1)
- Natural Resources Management and Policy (1)
- Physical Sciences and Mathematics (1)
- Public Affairs, Public Policy and Public Administration (1)
- Social and Behavioral Sciences (1)
- Supreme Court of the United States (1)
- Transnational Law (1)
- Institution
- Publication
- Publication Type
Articles 1 - 18 of 18
Full-Text Articles in Law
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
SYSTEMS OF CONTROL IN INTERNATIONAL ADJUDICATION AND ARBITRATION
By W. Michael Reisman
Durham and London: Duke University Press, 1992. Pp. 174.
LEGISLATIVE RESPONSES TO TOBACCO USE
By World Health Organization Dordrecht, The Netherlands: Martinus Nijhoff Publishers, 1991.Pp. 226.
IMPORT AND CUSTOMS LAW HANDBOOK
By Michael J. Horton
New York, New York: Quorom Books, 1992. Pp. 308. $55.00.
THE LAW AND ECONOMIC DEVELOPMENT IN THE THIRD WORLD
Edited by P. Ebow Bondzi-Simpson
New York, New York: Praeger Publishers 1992. Pp. 200. $49.95.
Causation In Fact In Omission Cases, David A. Fischer
Causation In Fact In Omission Cases, David A. Fischer
Faculty Publications
This article analyzes the difficulties involved in attributing cause in fact in omission cases, and suggests possible resolutions. Part II discusses the basic concept of causation, and the distinction between acts and omissions. Part III discusses the particular problems that arise in applying causation principles in omission cases. Part IV then analyzes these problems from both corrective justice and economic analysis perspectives. Finally, the article suggests an approach for solving these complex issues.
Punitive Damages In New York Arbitration: Who Is Really Being Punished - Barbier V. Shearson Lehman Hutton, Inc. , Brian R. Hajicek
Punitive Damages In New York Arbitration: Who Is Really Being Punished - Barbier V. Shearson Lehman Hutton, Inc. , Brian R. Hajicek
Journal of Dispute Resolution
Promotion of settlement to reduce litigation is a well-established policy goal in our federal court system.2 However, when parties cannot resolve all of their disputes in alternative dispute resolution, this policy goal is undermined. In arbitration governed by the law of the state of New York, parties are generally unable to resolve all of their disputes in arbitration when punitive damages would be warranted. In most cases, the parties' dispute cannot be fully resolved where punitive damages would be available because an arbiter is not free to award punitive damages in arbitration under New York law. This is particularly troublesome …
Recent Developments: The Uniform Arbitration Act, Angela C. Cole, Nicole J. Cress, Kevin L. Fritz, Lori L. Green
Recent Developments: The Uniform Arbitration Act, Angela C. Cole, Nicole J. Cress, Kevin L. Fritz, Lori L. Green
Journal of Dispute Resolution
Arbitration, once viewed as an undesirable alternative to litigation, has become widely accepted as a viable and often superior cost-effective approach to resolving disputes. In 1955, the national Conference of Commissioners on Uniform State Laws proposed a Uniform Arbitration Act.' Currently, 35 jurisdictions have arbitration statutes patterned after the U. A.A..' What began as an article in the Missouri Law Review entitled Recent Developments: The Uniform Arbitration Act, has evolved into an annual survey of recent developments in case law interpreting state versions of the U.A.A.' This detailed update monitors the underlying principles and rationales that develop from recent decisions. …
Deferral To The Intraunion Appellate Process: A Response, Paul Alan Levy
Deferral To The Intraunion Appellate Process: A Response, Paul Alan Levy
University of Michigan Journal of Law Reform
In their recent Article on the deferral policy of the National Labor Relations Board (Board or NLRB), two attorneys for the United Auto Workers (UAW), Leonard Page and Daniel W. Sherrick, argue that the Board has adopted "an indefensible double standard" by applying its policy of "deferral to arbitration" only to contractual dispute resolution processes but not to intraunion review procedures. By deferring to intraunion procedures, they contend, the Board would further many of the same policy objectives it now achieves by deferring to arbitration, with the added benefit of advancing the interest in democratic union self-government. Moreover, by drawing …
Further Thoughts On Deferral To Private Dispute Resolution Procedures: A Response, Leonard Page, Daniel W. Sherrick
Further Thoughts On Deferral To Private Dispute Resolution Procedures: A Response, Leonard Page, Daniel W. Sherrick
University of Michigan Journal of Law Reform
We would first like to respond to one aspect of Levy's Article before discussing our proposal. Levy seems to argue as a general matter that "joint committee" determinations should not receive the same deference as arbitral resolutions. After establishing some of the basic analytic parameters in Part I of this Response, we argue in Part II that Levy's distinction between joint committees and arbitral resolutions has no relevance to disputes concerning contractual rights, and is useful only in the context of disputes concerning statutory rights. In Part III, we outline a framework for analyzing internal union review procedures that will …
Adr Prominent Part Of "The Basics" At Um Law School, Gregory S. Munro
Adr Prominent Part Of "The Basics" At Um Law School, Gregory S. Munro
Faculty Journal Articles & Other Writings
This article describes the University of Montana School of Law's Dispute Resolution Track, a comprehensive and carefully ordered program designed to provide students entry-level competency in handing disputed legal rights in the criminal and civil justice systems.
A Primer On Resolving Disputes: Lessons From Alternative Dispute Resolution, Harold I. Abramson
A Primer On Resolving Disputes: Lessons From Alternative Dispute Resolution, Harold I. Abramson
Scholarly Works
No abstract provided.
Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek
Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek
Michigan Journal of International Law
This Note discusses issues the practitioner should consider in drafting a dispute resolution provision for a client investing in one of the newly democratizing countries. Part I will discuss arbitration law in Eastern Europe; the dispute resolution provisions in the various foreign investment laws; the applicable national law; and each nation's enforcement procedures for arbitral awards issued in other nations. Part II reviews the dispute resolution provisions in various bilateral and multilateral treaties relating to foreign investment including the Convention on the Settlement of Investment Disputes (ICSID Convention) and the informal agreements between the American Arbitration Association (AAA) and the …
Restoring Faith In Natural Resource Policy-Making: Incorporating Direct Participation Through Alternative Dispute Resolution Processes, Kaleen Cottingham, University Of Colorado Boulder. Natural Resources Law Center
Restoring Faith In Natural Resource Policy-Making: Incorporating Direct Participation Through Alternative Dispute Resolution Processes, Kaleen Cottingham, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
8 p. ; 28 cm
Tax Liability And Inarbitrability In International Commercial Arbitration, Thomas E. Carbonneau, Andrew W. Sheldrick
Tax Liability And Inarbitrability In International Commercial Arbitration, Thomas E. Carbonneau, Andrew W. Sheldrick
Journal Articles
This essay engages in a narrow but crucial inquiry into the limits the inarbitrability defense may now impose upon the exercise of arbitral jurisdiction. While it is assumed that matters relating directly to status and capacity, testamentary dispositions, and title to immovable property fall outside the jurisdictional reach of international arbitrators, the question becomes whether any national regulatory laws, such as tax laws, benefit from the same status of inviolability.
"If It Quacks Like A Duck:" Comparing The Icj Chambers To International Arbitration For A Mechanism Of Enforcement, John C. Guilds Iii
"If It Quacks Like A Duck:" Comparing The Icj Chambers To International Arbitration For A Mechanism Of Enforcement, John C. Guilds Iii
Maryland Journal of International Law
No abstract provided.
The Maryland International Commercial Arbitration Act: The Proper State Response Until Congress Enacts A Comprehensive Federal Statute, Francis J. Gorman, Sanjay M. Shirodkar
The Maryland International Commercial Arbitration Act: The Proper State Response Until Congress Enacts A Comprehensive Federal Statute, Francis J. Gorman, Sanjay M. Shirodkar
Maryland Journal of International Law
No abstract provided.
Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose
Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose
Law Faculty Scholarship
For the most part, parties with a legal dispute have either settled their differences or, when that wasn't possible, litigated them. However, alternative dispute resolution (ADR) is increasingly urged as a supplement or substitute in a wide range of areas. ADR usually involves at least one third party who is employed by neither the judicial system nor one of the parties to the dispute. The third party may be a mediator, who helps the parties reach settlement, or an arbitrator, who renders a decision. While arbitration has been widely used for many years, until very recently, mediation (or conciliation) was …
Supreme Court Philosophy On Labor And Employment Issues, Theodore J. St. Antoine
Supreme Court Philosophy On Labor And Employment Issues, Theodore J. St. Antoine
Other Publications
It would not take a confirmed cynic to suggest that the title of this paper amounts to an oxymoron. That soft-hearted but tough-minded commentator, Florian Bartosic, and his collaborator, Gary Minda, came close to putting it in so many words: " [T]he Supreme Court lacks a consistent and coherent theory of labor law" (1982). My own view is somewhat different. First, lack of a consistent judicial philosophy is not all bad; at least it is better than a consistently wrong philosophy. Second, the vacillating theories of the Supreme Court tend to reflect the divergent attitudes of American society toward labor …
Arbitration And Salary Inflation In Major League Baseball, Deborah R. Swank
Arbitration And Salary Inflation In Major League Baseball, Deborah R. Swank
Journal of Dispute Resolution
Major league baseball has undergone significant changes since its inception over a century ago.2 While the game itself remains basically the same, the system governing management and player relations is hardly the same as it was even twenty years ago.' In years past, team owners exercised absolute authority over terms of players' employment including player mobility and salary levels. 4 Under this system, players essentially had no voice in salary determinations and players were contractually restricted from signing with another team.5 Players were forced either to accept the terms as offered by management or to quit the game altogether.6
Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally
Labor Injunctions Pending Arbitration: Should Courts Enjoin Managements' Unilaterally Implemented Drug-Testing Programs?, Paul Keneally
Fordham Law Review
No abstract provided.
L'Arbitrage Et Le Recouvrement Des Prêts Consentis À Des Débiteurs Étrangers, William W. Park
L'Arbitrage Et Le Recouvrement Des Prêts Consentis À Des Débiteurs Étrangers, William W. Park
Faculty Scholarship
L'auteur explore le rile complexe de 'arbitrage dans le rglement des difflrends financiers intemationaux impliquant des dettes privies et publiques. II onus rappelle que le diveloppement 6conomique global bnlficie d'un climat de confiance dons les relations commerciales internationales. Los doctrines juridiques et les procidures qui ajoutent de l'incertitude dans le processus de remboursement des prfts ne peuvent que freiner I'allocation de crdits qui pourraient autrement favoriser le commerce et l'investissement outre-frontikre, particuli~rement dons les pays en vole do diveloppement.
The author explores the complex role of arbitration in the settlement of international financial controversies involving both private and public debt. …