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Articles 1 - 30 of 103
Full-Text Articles in Law
Summary Of In The Matter Of The Estate Of John W. Bowlds, 120 Nev. Adv. Rep. 100, Kristen T. Gallagher
Summary Of In The Matter Of The Estate Of John W. Bowlds, 120 Nev. Adv. Rep. 100, Kristen T. Gallagher
Nevada Supreme Court Summaries
An appeal from both parties regarding a court’s review of fee agreements between an estate and its attorneys.
Summary Of State V. Sutton, 120 Nev. Adv. Rep. 99, Kristen T. Gallagher
Summary Of State V. Sutton, 120 Nev. Adv. Rep. 99, Kristen T. Gallagher
Nevada Supreme Court Summaries
Appeal from a final judgment from a breach of contract and breach of the implied covenant of good faith and fair dealing in an employment law case.
Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu
Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu
LLM Theses and Essays
Arbitration is an effective way to solve disputes, through which parties from different countries can be partially free from anyone’s local jurisdiction. However, the recognition and enforcement of international arbitration awards still rely on the national court system. Since China opened its door to the world, more and more commercial disputes have been settled through arbitration. However, many foreign investors and writers have complained about the defects in the recognition and enforcement of arbitration awards in China. This paper will look into the causes of these defects in, and try to find ways to resolve the defects.
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
1 v. (various pagings) : ill., maps ; 28 cm
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Summary Of United Insurance Company Of America Vs. Chapman, 120 Nev. Adv. Rep. 83, Ryan Hall
Summary Of United Insurance Company Of America Vs. Chapman, 120 Nev. Adv. Rep. 83, Ryan Hall
Nevada Supreme Court Summaries
The Nevada Supreme Court ruled that the prejudgment interest awarded to Chapman should have been calculated pursuant to the specific interest statute, rather than the general interest statute, because the special interest statute was in effect when the judgment was entered. The district court had erred by awarding the attorney fees to Chapman, because United’s claim was brought on reasonable ground. The award of postjudgment interest awarded to Chapman was also reversed.
Summary Of Middleton Vs. Warden, 120 Nev. Adv. Rep. 74, Ryan Hall
Summary Of Middleton Vs. Warden, 120 Nev. Adv. Rep. 74, Ryan Hall
Nevada Supreme Court Summaries
The Nevada Supreme Court removed Middleton’s appointed appellate counsel due to substandard representation. On initial review, the Nevada Supreme Court ordered Middleton's counsel to submit an amended brief, limited to 80 pages. Counsel's "amended" brief was simply the original brief with the final few pages removed so as to meet the 80-page requirement. Counsel had repeatedly violated court orders, and the work product he ultimately submitted was unacceptable for representation of a client who was facing a death sentence.
A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck
A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck
Articles in Law Reviews & Other Academic Journals
In the past decade, the number of small, entrepreneurial businesses participating in the global economy has tripled. With this increase comes a rise in the number of cross-border commercial disputes. The unwary small business, not familiar with international transactions, may commit errors that adversely affect their ability to do and stay in business. This article focuses on analyzing which methods small businesses should use in constructing their dispute resolution provisions and how to avoid errors in drafting and negotiation.
Refreshing Contractual Analysis Of Adr Agreements By Curing Bipolar Avoidance Of Modern Common Law, Amy J. Schmitz
Refreshing Contractual Analysis Of Adr Agreements By Curing Bipolar Avoidance Of Modern Common Law, Amy J. Schmitz
Faculty Publications
Law governing enforcement of ADR agreement not governed by the Federal Arbitration Act (FAA) has been uncertain, and often aimless. This Article therefore calls for clarification of this law, through development of a modern contractual approach for enforcing these non-FAA ADR procedures. Although courts may look to the FAA as a resource for evaluating and developing an enforcement approach, they also should employ modern contract and remedy tools that are more adaptive than the Act's summary enforcement because it allow courts to consider contextual, relational, and equitable factors when determining application of specific enforcement remedies. This allows courts to apply …
Toward A Contractual Approach To Arbitral Immunity, Peter B. Rutledge
Toward A Contractual Approach To Arbitral Immunity, Peter B. Rutledge
Scholarly Works
This Article breaks from conventional wisdom in both case law and scholarship. It proposes a simple but novel thesis: Arbitrators and arbitral institutions, in cases of voluntary submission of disputes, should not be entitled to any form of legal immunity. Instead, any limit on or waiver of the arbitrator's or institution's liability should come in the form of a contractual release-either adopted in the parties' arbitration agreement or negotiated between the parties and the arbitrator.
Central to this thesis is a distinction between two types of immunity. The first form of immunity is “contractual immunity.” The hallmark of contractual immunity …
Summary Of Bohlmann V. Printz, 120 Nev. Adv. Rep. 62, Z. Ryan Pahnke
Summary Of Bohlmann V. Printz, 120 Nev. Adv. Rep. 62, Z. Ryan Pahnke
Nevada Supreme Court Summaries
No abstract provided.
Remembering The Role Of Justice In Resolution: Insights From Procedural And Social Justice Theories, Nancy A. Welsh
Remembering The Role Of Justice In Resolution: Insights From Procedural And Social Justice Theories, Nancy A. Welsh
Faculty Scholarship
It is surely a luxury, at this point in the field of dispute resolution, to be invited to identify those concepts that I view as absolutely essential to our canon. Borrowing a bit from Chris Guthrie's wine illustration, I think it is fair to suggest that today's presentations reveal a very impressive wine cellar, with many bottles of fine wine from which to choose. I will spotlight one part of this wine cellar, where concepts regarding procedural and social justice theories can be found. I will focus primarily on procedural justice but will also reference those theories of social justice …
The Vanishing Trial Report, John M. Lande
The Vanishing Trial Report, John M. Lande
Faculty Publications
Some in the alternative dispute resolution community are afraid that ADR will be blamed for the apparent disappearance of trials. A close look at the data, however, suggests that changing patterns of litigation are not necessarily bad and that the growth of ADR is probably as much a result of these changes as a cause of them.
Visualising The Adr Landscape, Nadja Alexander
Visualising The Adr Landscape, Nadja Alexander
Research Collection Yong Pung How School Of Law
Access to ADR can be conceptualised in a number of ways. Some commentators focus on the court or the legal profession as a central access point for disputes. While this may seem natural for lawyers and judges, such an approach fails to account for the vast majority of disputes – approximately 80 per cent – that never see a lawyer, let alone a court. Other commentators focus on private or community-based applications of ADR as well as transactional applications of mediation such as contract negotiations. Yet others analyse ADR from the perspective of particular stakeholder groups such as industry, insurers, …
Necessity Never Made A Good Bargain: When Consumer Arbitration Agreements Prohibit Class Relief, Thomas V. Burch
Necessity Never Made A Good Bargain: When Consumer Arbitration Agreements Prohibit Class Relief, Thomas V. Burch
Scholarly Works
The American system of arbitration is constantly evolving. From the first formal arbitration tribunal in 1786—established by the New York Chamber of Commerce—to the creation of the Federal Arbitration Act in 1925—passed to suppress judicial hostility towards arbitration -- the system has continuously adapted to accommodate changing business practices and rising judicial concerns over the legitimacy of the institution. In fact, the system’s adaptation has been so effective that the Supreme Court now recognizes a “national policy favoring arbitration.” This “national policy” is the most recent phase of the arbitration evolution, and it raises several concerns. Most significantly, lower courts …
Intro To Ground Water Law In Colorado And Surface-Groundwater Conflicts In The South Platte, David Harrison, Veronica A. Sperling, Steven O. Sims
Intro To Ground Water Law In Colorado And Surface-Groundwater Conflicts In The South Platte, David Harrison, Veronica A. Sperling, Steven O. Sims
Groundwater in the West (Summer Conference, June 16-18)
25 pages.
Contains footnotes.
Groundwater Management: Lessons From Colorado V. Kansas, David W. Robbins
Groundwater Management: Lessons From Colorado V. Kansas, David W. Robbins
Groundwater in the West (Summer Conference, June 16-18)
11 pages.
Slides: Intro To Groundwater Law In Colorado, David L. Harrison
Slides: Intro To Groundwater Law In Colorado, David L. Harrison
Groundwater in the West (Summer Conference, June 16-18)
Presenter: David L. Harrison.
17 slides.
The Future Of Groundwater In The West, James S. Lochhead
The Future Of Groundwater In The West, James S. Lochhead
Groundwater in the West (Summer Conference, June 16-18)
7 pages.
Advancing Binational Cooperation In Transboundary Aquifer Management On The U.S. Mexico Border [Paper And Presentation], Stephen P. Mumme
Advancing Binational Cooperation In Transboundary Aquifer Management On The U.S. Mexico Border [Paper And Presentation], Stephen P. Mumme
Groundwater in the West (Summer Conference, June 16-18)
Presenter: Steve Mumme, Colorado State University.
23 pages and 8 slides.
Contains footnotes.
Slides: The Spokane And The Yakima: A Tale Of Two Aquifers, Rachel Paschal Osborn
Slides: The Spokane And The Yakima: A Tale Of Two Aquifers, Rachel Paschal Osborn
Groundwater in the West (Summer Conference, June 16-18)
Presenter: Rachael Paschal Osborn, Private Practice and Gonzaga Law School.
89 slides.
Slides: California Groundwater Management, Michael Fife
Slides: California Groundwater Management, Michael Fife
Groundwater in the West (Summer Conference, June 16-18)
Presenter: Michael Fife, Hatch and Parent.
66 pages (includes map) and 18 slides.
Contains footnotes.
Groundwater Resources Of The Lower Colorado Region, Tim Henley
Groundwater Resources Of The Lower Colorado Region, Tim Henley
Groundwater in the West (Summer Conference, June 16-18)
15 pages.
Agenda: Groundwater In The West, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Groundwater In The West, University Of Colorado Boulder. Natural Resources Law Center
Groundwater in the West (Summer Conference, June 16-18)
Conference moderators and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., Douglas S. Kenney, Jim Martin and Kathryn M. Mutz.
The Colorado Law Natural Resources Law Center celebrated its 25th Annual Summer Conference by exploring one of the most important natural resources of the 21st century: groundwater. Titled "Groundwater in the West," the conference was held June 16-18 at the Fleming Law Building on the University of Colorado at Boulder campus. Participants discussed law, policy, and management of groundwater in the West. "As demands on surface water increase and drought seems more the norm than …
Slides: Survey Of Indian Groundwater Issues, Rodney B. Lewis
Slides: Survey Of Indian Groundwater Issues, Rodney B. Lewis
Groundwater in the West (Summer Conference, June 16-18)
Presenter: Rodney Lewis, General Counsel, Gila River Tribe.
49 slides.
Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas
Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas
All Faculty Scholarship
Plea-bargaining literature predicts that parties strike plea bargains in the shadow of expected trial outcomes. In other words, parties forecast the expected sentence after trial, discount it by the probability of acquittal, and offer some proportional discount. This oversimplified model ignores how structural distortions skew bargaining outcomes. Agency costs; attorney competence, compensation, and workloads; resources; sentencing and bail rules; and information deficits all skew bargaining. In addition, psychological biases and heuristics warp judgments: overconfidence, denial, discounting, risk preferences, loss aversion, framing, and anchoring all affect bargaining decisions. Skilled lawyers can partly counteract some of these problems but sometimes overcompensate. The …
Summary Of Pan V. Eighth Judicial District Court, 120 Nev. Adv.Op.No.26, Ronda Heilig
Summary Of Pan V. Eighth Judicial District Court, 120 Nev. Adv.Op.No.26, Ronda Heilig
Nevada Supreme Court Summaries
When all of the “prerequisites for finality are met, an order that dismisses a case for forum non conveniens is a final judgment that should be reviewed on appeal,”2 and not via a petition for a writ of mandamus.
Brief Of Respondents In Opposition, In Re Green Tree Financial Corp., No. 03-1243 (U.S. Apr. 22, 2004), Cornelia T. Pillard
Brief Of Respondents In Opposition, In Re Green Tree Financial Corp., No. 03-1243 (U.S. Apr. 22, 2004), Cornelia T. Pillard
U.S. Supreme Court Briefs
No abstract provided.
Private Parties And Wto Dispute Settlement System , Alberto Alemanno
Private Parties And Wto Dispute Settlement System , Alberto Alemanno
Cornell Law School Inter-University Graduate Student Conference Papers
This paper examines the (non) role that private business operators play in the implementation of WTO Dispute Settlement Reports. More precisely, by analysing the legal status of these decisions in national and regional law, it looks at what individuals are entitled to obtain when a WTO Member ignores the results of a Dispute Settlement Body’s proceedings. As private business operators bear most of the economic costs of non-compliance, there is an increasing pressure for a more direct involvement of these parties in the Dispute Settlement System mechanims. The challenge is therefore to find a way to accommodate their interests within …
Client Counseling, Mediation, And Alternative Narratives Of Dispute Resolution, Robert Rubinson
Client Counseling, Mediation, And Alternative Narratives Of Dispute Resolution, Robert Rubinson
All Faculty Scholarship
This article examines how litigation and mediation have distinct narrative structures and what these narratives say about counseling clients about mediation. In the narrative of litigation, parties struggle against one another in order to convince a decision maker of the truth of "what happened." This struggle is about more than designating liability; it is about enabling the decision-maker to restore social order and vindicate morality. In contrast, the narrative of mediation does not call upon the mediator to designate "truth" or "right" and "wrong." Rather, the mediator acts to enable parties to overcome and transform conflict through collaboration. In the …