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Full-Text Articles in Law
Navajo Nation San Juan Basin In New Mexico Water Rights Settlement Agreement Of 2010, Navajo Nation, New Mexico, United States
Navajo Nation San Juan Basin In New Mexico Water Rights Settlement Agreement Of 2010, Navajo Nation, New Mexico, United States
Native American Water Rights Settlement Project
Settlement Agreement: Navajo Nation San Juan Basin, NM Water Rights Settlement (Dec. 17, 2010) Parties: Navajo Nation, US, NM. This Settlement relates to the Navajo Nation’s water rights in the San Juan River Basin located in NM. It is a part of the Juan River adjudication. It reconciles the Apr. 19, 2005 agreement with the Settlement Act. Allottees may make individual water right claims based upon historic and existing uses found in the Joint Hydrographic Survey Report. This Settlement finalizes all claims the Nation could make to the San Juan River Basin and settles all causes of action against the …
Adr And The Rule Of Law: Making The Connection, Richard C. Reuben
Adr And The Rule Of Law: Making The Connection, Richard C. Reuben
Faculty Publications
In this article, I will address important definitional questions and try to articulate why it is important for practitioners, program managers, scholars, judges, and others involved in ADR to engage questions about the relationship between ADR and the rule of law.
Best Practices For Mediation Training And Regulation: Preliminary Findings, Susan S. Raines, Tim Hedeen, Ansley B. Barton
Best Practices For Mediation Training And Regulation: Preliminary Findings, Susan S. Raines, Tim Hedeen, Ansley B. Barton
Faculty and Research Publications
This article makes recommendations as to “Best Practices” for the training of mediators in court-connected settings. The authors’ findings cover issues including the design of training programs, the importance of experiential learning through role-plays, teaching methods for adult learners, class size and length, training ethical mediators, suggested trainer qualifications, and recommended regulatory practices for administrators. Data comes primarily from an assessment of mediation training and regulation in Florida, but the findings hold insights for court-connected mediation programs throughout the United States. Additionally, the authors highlight the benefits of a collaborative assessment approach involving all stakeholder groups and facilitating smooth implementation …
Revitalizing The Adversary System In Family Law, Jane C. Murphy
Revitalizing The Adversary System In Family Law, Jane C. Murphy
All Faculty Scholarship
The way in which families resolve disputes has undergone dramatic change over the last decade. Scholars have focused much attention on a number of substantive law changes that have contributed to this transformation. These include the changing definitions of marriage, parenthood, and families. But less attention has been paid to the enormous changes that have taken place in the processes surrounding family dispute resolution. These changes have been even more comprehensive and have fundamentally altered the way in which disputing families interact with the legal system. Both the methods and goals of legal intervention for families in conflict have changed, …
Pizza-Box Contracts: True Tales Of Consumer Contracting Culture, Amy J. Schmitz
Pizza-Box Contracts: True Tales Of Consumer Contracting Culture, Amy J. Schmitz
Faculty Publications
Do you ask for contract or purchase terms prior to completing your everyday purchases? Do you first read the pizza box before paying the pizza delivery guy or gal? Typical consumers do not ask for or read their contracts prepurchase, and companies have become accustomed to burying purchase terms in product packaging or Internet links. These postpurchase, rolling, or “pizza-box” contracts have therefore become the norm in the consumer marketplace, and courts generally enforce them as legitimate contracts. This Article discusses varying theoretical perspectives on enforcement of these pizza-box contracts, and explores the available empirical data bearing on the legitimacy …
Why Adr Programs Aren’T More Appealing: An Empirical Perspective, Michael Heise
Why Adr Programs Aren’T More Appealing: An Empirical Perspective, Michael Heise
Cornell Law Faculty Publications
Standard law and economic theory suggests that litigating parties seeking to maximize welfare will participate in alternative dispute resolution (ADR) programs if they generate a surplus. ADR programs claim to generate social surplus partly through promoting settlements and reducing case disposition time. Although most associate ADR programs with trial courts, a relatively recent trend involves appellate court use of ADR programs. The emergence of court-annexed ADR programs raises a question. Specifically, if ADR programs achieve their goals of promoting settlements and reducing disposition time, why do some courts find it necessary to impose ADR participation? Attention to ADR’s ability to …
The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, Jean R. Sternlight
The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, Jean R. Sternlight
Scholarly Works
This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes and proposes a modest menu of reforms that interested faculty and law schools can largely achieve without investing substantial additional resources. This Article emphasizes the special contributions that alternative dispute resolution (ADR) can provide to legal education more generally. ADR instruction is an important corrective to a curriculum that routinely conveys the erroneous implication …
Lawyerless Dispute Resolution: Rethinking A Paradigm, Jean R. Sternlight
Lawyerless Dispute Resolution: Rethinking A Paradigm, Jean R. Sternlight
Scholarly Works
Do participants in mediation and arbitration have attorneys? Do they need them? Although the phenomenon of pro se litigation has received substantial attention in recent years, few commentators or policymakers have focused on these questions. The failure to focus on the possible need for representation in mediation and arbitration is based on an often unstated premise that because ADR processes are purportedly non-adversarial or less adversarial than litigation, disputants need representation less in ADR than they do in litigation. This Article suggests that the failure to focus on the possible need for representation in mediation and arbitration is fundamentally misguided. …
The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John M. Lande, Jean R. Sternlight
The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John M. Lande, Jean R. Sternlight
Faculty Publications
This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes and proposes a modest menu of reforms that interested faculty and law schools can largely achieve without investing substantial additional resources.This Article emphasizes the special contributions that alternative dispute resolution (ADR) can provide to legal education more generally. ADR instruction is an important corrective to a curriculum that routinely conveys the erroneous implication that …