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Articles 31 - 60 of 71
Full-Text Articles in Law
Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy
Pepperdine Dispute Resolution Law Journal
In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …
A Critical Perspective On The Interplay Between Our Federal Labor And Arbitration Laws, Kenneth T. Lopatka
A Critical Perspective On The Interplay Between Our Federal Labor And Arbitration Laws, Kenneth T. Lopatka
South Carolina Law Review
No abstract provided.
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie, Nancy A. Welsh
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie, Nancy A. Welsh
Nevada Law Journal
No abstract provided.
Using Mindfulness Practice To Work With Emotions, Deborah Calloway
Using Mindfulness Practice To Work With Emotions, Deborah Calloway
Nevada Law Journal
The most important point to understand is that working with and understanding our own emotional reactions is an essential prerequisite to working skillfully with emotionally charged individuals in disputes. Training in “mediation techniques” designed to help us recognize and work with emotions in the mediation and negotiation context will not work unless we have practiced working with our own emotions consistently in our ordinary lives. Otherwise, in the heat of the moment during a negotiation or mediation, we are likely to forget every technique we have learned. Habitual patterns of behavior simply take hold.
This article seeks to provide some …
Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly
Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly
Nevada Law Journal
This Article suggests that law students and lawyers can be introduced to, and even begin to master, some of the same transformational principles, skill sets, and behaviors that poured forth from FDR as a result of his intense physical and personal challenges. At the core of nearly all great negotiators, mediators, lawyers, and leaders is a person who has learned to connect with other people, that is, to build relationships of trust, cooperation, and collaboration. Additionally, this Article argues that where people first learn a sense of self and others through both theoretical and practical knowledge and understanding of mindfulness …
Revisiting Against Settlement: Some Reflections On Dispute Resolution And Public Values, Amy J. Cohen
Revisiting Against Settlement: Some Reflections On Dispute Resolution And Public Values, Amy J. Cohen
Fordham Law Review
Critics of Owen Fiss’s famous 1984 Against Settlement widely assumed that he indicted alternative dispute resolution (ADR) as intrinsically incapable of promoting public values. This essay, however, suggests that Fiss offered a socially and historically contingent prediction about ADR’s potential to undermine popular commitments to redistributive justice during a period of intense economic liberalization in the United States. To support this rereading, the essay considers how Fiss envisioned the promotion of public values in a different space and time—specifically in international contexts at the turn of this century. Here, he endorsed decentralized, deliberative, and extrajudicial processes, even if he did …
Regulatory Marketing Approval For Pharmaceuticals As A Non-Tariff Barrier To Trade: Analysis Under The Wto's Agreement On Technical Barriers To Trade, Mary Hess Eliason
Regulatory Marketing Approval For Pharmaceuticals As A Non-Tariff Barrier To Trade: Analysis Under The Wto's Agreement On Technical Barriers To Trade, Mary Hess Eliason
San Diego International Law Journal
At a fundamental level, pharmaceuticals serve two roles: both as a cure for disease and as a product. As a cure for disease, a drug's value cannot be quantified because it saves lives. As a product, profit analysis shapes every step of a drug's progression to market. In least developed nations the barriers to drug access are not solely economic. National regulatory systems for market approval are being used to prevent external pharmaceutical manufacturers from participating in a national market. This article will address how the regulatory framework of pharmaceutical registration may serve as a barrier to trade in drugs, …
The Antinomies Of The (Continued) Relevance Of Icsid To The Third World, Ibironke T. Odumosu
The Antinomies Of The (Continued) Relevance Of Icsid To The Third World, Ibironke T. Odumosu
San Diego International Law Journal
The international law on foreign investment is commonly accepted as one of the most controversial areas of international law. Not only does international investment law lack clear rules on investment promotion and protection, this area of the law has always generated opposing rules, and implicates divergent interests in the process. In the face of unclear rules, and against the backdrop of the need to protect foreign investment through the internationalization of investment dispute settlement, and the position that this will facilitate investment flows to Third World states, the World Bank established the International Centre for the Settlement of Investment Disputes …
Protecting The New Face Of Entrepreneurship: Online Appropriate Dispute Resolution And International Consumer-To-Consumer Online Transactions, Ivonnely Colón-Fung
Protecting The New Face Of Entrepreneurship: Online Appropriate Dispute Resolution And International Consumer-To-Consumer Online Transactions, Ivonnely Colón-Fung
Fordham Journal of Corporate & Financial Law
No abstract provided.
The International Tribunal For The Law Of The Sea And The Possibility Of Judicial Settlement Of Disputes Involving The Fishing Entity Of Taiwan - Taking Ccsbt As An Example, Yann-Huei Song
San Diego International Law Journal
The main purpose of this paper is to assess the possibility of judicial settlement of fishery disputes involving the fishing entity of Taiwan and examine the legal questions regarding jurisdiction over the disputes. This analysis is based on the articles related to dispute settlement that are provided in the SBT Convention, the ITLOS Statute and the international law of the sea and the judicial practice of the ITLOS and other relevant arbitration courts in the Southern Bluefin Tuna case. Following this introductory section, Section II describes the establishment of the CCSBT and the selection and application of the methods of …
Dispute Resolution As Institutionalization In International Trade And Infromation Technology , Fabien Gelinas
Dispute Resolution As Institutionalization In International Trade And Infromation Technology , Fabien Gelinas
Fordham Law Review
No abstract provided.
Lawyers, Democracy And Dispute Resolution: The Declining Influence Of Lawyer-Statesmen Politicians And Lawyerly Values, Jeffrey W. Stempel
Lawyers, Democracy And Dispute Resolution: The Declining Influence Of Lawyer-Statesmen Politicians And Lawyerly Values, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Confidential Settlements: The Defense Perspective, Stephen E. Darling
Confidential Settlements: The Defense Perspective, Stephen E. Darling
South Carolina Law Review
No abstract provided.
Settlement, Secrecy, And Judicial Discretion: South Carolina's New Rules Governing The Sealing Of Settlements, Laurie Kratky Dore
Settlement, Secrecy, And Judicial Discretion: South Carolina's New Rules Governing The Sealing Of Settlements, Laurie Kratky Dore
South Carolina Law Review
No abstract provided.
Hidden From The Public By Order Of The Court: The Case Against Government-Enforced Secrecy, Joseph F. Anderson Jr.
Hidden From The Public By Order Of The Court: The Case Against Government-Enforced Secrecy, Joseph F. Anderson Jr.
South Carolina Law Review
No abstract provided.
Role Of Judges In Secret Judgments, Abner J. Mikva
Role Of Judges In Secret Judgments, Abner J. Mikva
South Carolina Law Review
No abstract provided.
Settlements And Secrets: Is The Sunshine Chilly, James E. Rooks Jr.
Settlements And Secrets: Is The Sunshine Chilly, James E. Rooks Jr.
South Carolina Law Review
No abstract provided.
Duties And Responsibilities Of Lawyers In Light Of In Re Myers: Are You Aware, Sarah Theresa Eibling
Duties And Responsibilities Of Lawyers In Light Of In Re Myers: Are You Aware, Sarah Theresa Eibling
South Carolina Law Review
No abstract provided.
Two Roads Diverged: A Tale Of Technology And Alternative Dispute Resolution, Amy S. Moeves, Scott C. Moeves
Two Roads Diverged: A Tale Of Technology And Alternative Dispute Resolution, Amy S. Moeves, Scott C. Moeves
William & Mary Bill of Rights Journal
No abstract provided.
Bringing Online Dispute Resolution To Virtual Worlds: Creating Processes Through Code, Ethan Katsh
Bringing Online Dispute Resolution To Virtual Worlds: Creating Processes Through Code, Ethan Katsh
NYLS Law Review
No abstract provided.
Alternative Dispute Resolution And Professional Responsibility In South Carolina: A Changing Landscape, Van A. Anderson
Alternative Dispute Resolution And Professional Responsibility In South Carolina: A Changing Landscape, Van A. Anderson
South Carolina Law Review
No abstract provided.
The Wto: Biting The Hand That Fed It, Curtis S. Miller
The Wto: Biting The Hand That Fed It, Curtis S. Miller
William & Mary Law Review
No abstract provided.
International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic
International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic
Northwestern Journal of International Law & Business
This article examines some features of virtual arbitration and argues that the use of new technology and the development of e-commerce raise some interesting questions to international arbitration laws. Part It describes initiatives to develop online dispute resolution. Part III discusses virtual dispute resolution centers, including, how, why, and where they function. More importantly, however, Part III investigates the differences between online and off-line arbitration, where the focus remains on three questions. The first question is a crucial one. It has been debated by scholars and practitioners but still remains unresolved: will arbitration agreements concluded online and arbitration awards rendered …
The International Symposium On Derivatives And Risk Management, Carl Felsenfeld, Alan N. Rechtschaffen, Carolyn H. Jackson, Ruth W. Ainslie, Michael N. Brosnan, Darcy Bradbury, Denis M. Forster, Martin Bienenstock, David A.P. Brower, Aaron Rubinstein, David Morris, Eric Seiler, Peter D. Morgenstern, Michael J. Malone, John Lovi, Alvin K. Hellerstein, Charles E. Ramos
The International Symposium On Derivatives And Risk Management, Carl Felsenfeld, Alan N. Rechtschaffen, Carolyn H. Jackson, Ruth W. Ainslie, Michael N. Brosnan, Darcy Bradbury, Denis M. Forster, Martin Bienenstock, David A.P. Brower, Aaron Rubinstein, David Morris, Eric Seiler, Peter D. Morgenstern, Michael J. Malone, John Lovi, Alvin K. Hellerstein, Charles E. Ramos
Fordham Journal of Corporate & Financial Law
No abstract provided.
Professional Responsibility And Organization Of The Family Business: The Lawyer As Intermediary, Alysa Christmas Rollock
Professional Responsibility And Organization Of The Family Business: The Lawyer As Intermediary, Alysa Christmas Rollock
Indiana Law Journal
Symposium: Law and the New American Family Held at Indiana University School of Law - Bloomington Apr. 4, 1997
Allocating The Burden Of Proof, Bruce L. Hay
Allocating The Burden Of Proof, Bruce L. Hay
Indiana Law Journal
No abstract provided.
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Dispute Resolution As A Catalyst For Economic Integration And An Agent For Deepening Integration: Nafta And Mercosur?, Cherie O'Neal Taylor
Northwestern Journal of International Law & Business
An economic integration arrangement between nations cannot exist without the creation of the necessary institutions. Any free trade, customs union or common market agreement1 must have, at a minimum, political institutions and a dispute settlement mechanism. The political institutions are necessary to allow the countries to reach decisions about how to implement the treaty obligations and objec- tives and to oversee that implementation. The dispute settlement mechanism is needed to resolve disputes that may arise over the meaning and application of the agreement's legal obligations and objectives. A dispute settlement mechanism is crucial to the viability of an economic integration …
The Trouble With The Adversary System In A Postmodern, Multicultural World, Carrie Menkel-Meadow
The Trouble With The Adversary System In A Postmodern, Multicultural World, Carrie Menkel-Meadow
William & Mary Law Review
No abstract provided.
Arbitration Of Employment Discrimination Claims And The Challenge Of Contemporary Federalism, Ellwood F. Oakley Iii, Donald O. Mayer
Arbitration Of Employment Discrimination Claims And The Challenge Of Contemporary Federalism, Ellwood F. Oakley Iii, Donald O. Mayer
South Carolina Law Review
No abstract provided.
The Use Of Alternative Dispute Resolution In Natural Resource Damage Assessments, Sarah L. Inderbitzin, Nicholas Targ, James L. Byrnes, Bruce A. Johnson
The Use Of Alternative Dispute Resolution In Natural Resource Damage Assessments, Sarah L. Inderbitzin, Nicholas Targ, James L. Byrnes, Bruce A. Johnson
William & Mary Environmental Law and Policy Review
No abstract provided.