Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
- File Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Awarding Punitive Damages In International Commercial Arbitrations In The Wake Of Mastrobuono V. Shearson Lehman Hutton, Inc., John Gotanda
Awarding Punitive Damages In International Commercial Arbitrations In The Wake Of Mastrobuono V. Shearson Lehman Hutton, Inc., John Gotanda
John Y Gotanda
No abstract provided.
Allocating The Burden Of Proof, Bruce L. Hay
Allocating The Burden Of Proof, Bruce L. Hay
Indiana Law Journal
No abstract provided.
Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela Kentra
Pamela Kentra
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 …
"Wait A Minute. This Is Where I Came In." A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg
"Wait A Minute. This Is Where I Came In." A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
My original answer to the question “Alternative to what?” was “the adversary system.” ADR held out the promise of a better way than the adversary system for handling at least some of the inevitable friction in society. I could not define “better” precisely, but it contained notions of faster, cheaper, less contentious, less aggravating, or more likely to leave the parties talking to each other when the process was over. My current answer to the question “Alternative to what?” is that ADR is not an alternative. Alternative Dispute Resolution courses have become Dispute Resolution. In this society, dispute resolution is …
Punitive Damages And The Consumerization Of Arbitration, Thomas J. Stipanowich
Punitive Damages And The Consumerization Of Arbitration, Thomas J. Stipanowich
Thomas J. Stipanowich
In this sequel to his 1986 article on punitive damages in arbitration, Professor Stipanowich explores the issues at the heart of the debate over whether punitive or exemplary damages should be available in arbitration between investors and securities brokers and firms. He critiques relevant proposals by the NASD’s Ruder Commission and examines mechanisms for more effectively addressing the punitive damages issue. This article predates and foreshadows the eventual recognition of the authority of securities arbitrators to award punitive damages.
Empowering The Provider: A Better Way To Resolve Medicare Hospital Payment Disputes, Phyllis E. Bernard
Empowering The Provider: A Better Way To Resolve Medicare Hospital Payment Disputes, Phyllis E. Bernard
Phyllis E. Bernard
No abstract provided.