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Full-Text Articles in Law

Collaborative Approaches To Conservation: A Critical Look, Larry Macdonnell Jun 1999

Collaborative Approaches To Conservation: A Critical Look, Larry Macdonnell

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

7 pages.


"International Financial Law," An Increasingly Important Component Of "International Economic Law": A Tribute To Professor John H. Jackson, Joseph J. Norton Jan 1999

"International Financial Law," An Increasingly Important Component Of "International Economic Law": A Tribute To Professor John H. Jackson, Joseph J. Norton

Michigan Journal of International Law

A Tribute to John H. Jackson


A Model For Arbitration: Autonomy, Cooperation And Curtailment Of State Power, Kenneth Jan 1999

A Model For Arbitration: Autonomy, Cooperation And Curtailment Of State Power, Kenneth

Fordham Urban Law Journal

As compared with the formal pleadings, massive discovery, aggressive motion practice, and endless appeals of litigation, arbitration is undoubtedly more efficient as a dispute resolution mechanism. However, efficiency is only one of many advantages of arbitration. Arbitration empowers disputing parties, promotes individual autonomy and cooperation, and curtails the power of government in the process. Still, the state should not wholly limit its involvement in arbitral processes; the courts do and should have a substantial role in determining the enforceability of arbitration agreements and awards in a few select contexts. Overall, courts should enforce arbitration agreements and only limit enforceability that …