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Articles 91 - 120 of 195
Full-Text Articles in Law
Private Lands Conservation In The Bahamas, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Bahamas, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
59 p. ; 28 cm
Private Lands Conservation In The Dominican Republic, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Dominican Republic, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
56 p. ; 28 cm
Private Lands Conservation In Puerto Rico, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In Puerto Rico, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
41 p. ; 28 cm
Private Lands Conservation In The Commonwealth Of The Northern Mariana Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Commonwealth Of The Northern Mariana Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
68 p. ; 28 cm
Private Lands Conservation In The Federated States Of Micronesia, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Federated States Of Micronesia, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
74 p. ; 28 cm
Private Lands Conservation In Papua New Guinea, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In Papua New Guinea, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
35 p. ; 28 cm
Private Lands Conservation In The Solomon Islands, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In The Solomon Islands, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
69 p. ; 28 cm
Private Lands Conservation In Palau, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In Palau, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
1, 37 leaves ; 28 cm
Private Lands Conservation In St. Vincent And The Grenadines, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center
Private Lands Conservation In St. Vincent And The Grenadines, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
56 p. ; 28 cm
Arbitral Law-Making, Thomas E. Carbonneau
Arbitral Law-Making, Thomas E. Carbonneau
Journal Articles
Diversity--of a cultural, economic, religious, and political kind—exists not only among nation-states and in the sources and interpretation of international law, but also among the group of commentators who study the interactions of transborder actors and institutions. For example, sociologists interested in the global community seek to identify emerging entities and activities and to elaborate conceptual models that explain the new differentiations within the traditional pattern. Some of them have a mounting interest in the fashioning of transborder commercial justice by international arbitrators and private arbitral institutions. Who are these new players? How did they acquire their mandate? Further, how …
Arbitration Advocacy: From Clause To Hearing, 28 Am. J. Trial Advoc. 101 (2004), Celeste M. Hammond, Jeffrey J. Mayer
Arbitration Advocacy: From Clause To Hearing, 28 Am. J. Trial Advoc. 101 (2004), Celeste M. Hammond, Jeffrey J. Mayer
UIC Law Open Access Faculty Scholarship
This Article provides an overview of the key differences between arbitration and litigation, a look at the past and present state of the law governing arbitration, techniques for drafting arbitration clauses, and effective advocacy at arbitration hearings
Www.Yourname.Com: How Useful Is The Uniform Domain Name Dispute Resolution Policy ("Udrp") In Protecting Personal Names From Cybersquatters?, 22 J. Marshall J. Computer & Info. L. 535 (2004), Georgette H. Tarnow
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Normative Critique Of Private Domain Name Dispute Resolution, 22 J. Marshall J. Computer & Info. L. 625 (2004), J.R. Hildenbrand
A Normative Critique Of Private Domain Name Dispute Resolution, 22 J. Marshall J. Computer & Info. L. 625 (2004), J.R. Hildenbrand
UIC John Marshall Journal of Information Technology & Privacy Law
In recent years, much has been made of the rapid expansion and tremendous commercial potential of the Internet. As such, domain names that contain or imply an entities trademarked name have become extremely valuable to these entities. The difficulty, however, is balancing the rights of the trademark owners with Internet users within the burgeoning commercial environment. This comment examines the balance between the Uniform Dispute Resolution Policy (UDRP) and traditional trademark protection. It discusses several persuasive documents including the International Trademark Association’s 1997 White Paper and the United States Department of Commerce’s Green and White papers. The comment further develops …
The Legal Foundation–Defining The Legislative Format, William W. Huss, Sharon Press, J. Michael Mcwilliams
The Legal Foundation–Defining The Legislative Format, William W. Huss, Sharon Press, J. Michael Mcwilliams
Faculty Scholarship
Current and pending mediation legislative programs in the United States, Canada, and other countries were examined by speakers and panelists who are living under these new systems or were authors of their design. Topics included court annexed programs, mandatory programs, voluntary programs, private institutional programs, the Uniform Mediation Act, state and federal initiatives, and the impact each has, or will have, on the mediation practice.
Gollum, Meet Smeagol: A Schizophrenic Rumination On Mediator Values Beyond Self Determination And Neutrality, James Coben
Gollum, Meet Smeagol: A Schizophrenic Rumination On Mediator Values Beyond Self Determination And Neutrality, James Coben
Faculty Scholarship
The author asserts that the exclusive reliance on the "Two Towers" of self-determination and neutrality as the foundation for mediation practice has inevitably left us with a process routinely characterized by mediator manipulation and deception. The "tricks" are tolerated by sophisticated repeat players, and absent transparency in practice, disturbingly not known to others. The evolution of mediation, from empowerment/community roots to corporate/court sustenance, is no surprise given the nation's journey through the Reagan revolution, the ideology of free markets, and the Supreme Court's unbridled support for freedom to contract in disputing. In short, mediation is at a crossroads needing to …
The Selection Of An Arbitrator: A Human Resource Management Perspective, Kenneth Anderson
The Selection Of An Arbitrator: A Human Resource Management Perspective, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz
The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz
Faculty Publications By Year
No abstract provided.
New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright
New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright
Journal of Health Care Law and Policy
No abstract provided.
Terminating Public School Teachers For Cause Under Minnesota Law, Christine D. Ver Ploeg
Terminating Public School Teachers For Cause Under Minnesota Law, Christine D. Ver Ploeg
William Mitchell Law Review
It is important to understand the realities that surround the discharge of a teacher, for embarking upon this path promises to be painful for everyone involved. Teachers who challenge allegations that they are personally or professionally unworthy of continuing to teach in their districts--or perhaps to continue to teach at all--understandably experience extraordinary trauma and anxiety. By the same token, districts that ultimately fail to prove the case for discharge can face significant financial liability and may even be forced to reinstate teachers who have been found to be deficient. Finally, these efforts often divide schools and communities because teachers, …
Case Note: Contracts—Into The Void: Minnesota Limits Application Of The Prima Paint Doctrine—Onvoy, Inc. V. Shal, Llc, Mikel D. Johnson
Case Note: Contracts—Into The Void: Minnesota Limits Application Of The Prima Paint Doctrine—Onvoy, Inc. V. Shal, Llc, Mikel D. Johnson
William Mitchell Law Review
This note first gives a brief overview of arbitration use in the United States. It then discusses the Onvoy decision and provides an analysis of the Minnesota Supreme Court’s ruling. Finally, the note concludes that the court’s holding properly weighs Minnesota’s strong presumption in favor of arbitration against the need to allow access to the courts.
Judicial Attitudes Toward Arbitration And The Resurgence Of Unconscionability, Susan Randall
Judicial Attitudes Toward Arbitration And The Resurgence Of Unconscionability, Susan Randall
Buffalo Law Review
No abstract provided.
In Search Of The Best Procedure For Enforcing Employment Discrimination Laws: A Comparative Analysis, Jean R. Sternlight
In Search Of The Best Procedure For Enforcing Employment Discrimination Laws: A Comparative Analysis, Jean R. Sternlight
Scholarly Works
As our world effectively shrinks, many countries are beginning to reach a striking substantive consensus regarding the prohibition of employment discrimination. Yet, and in sharp contrast, nothing approaching consensus has yet emerged regarding the best procedural method with which to resolve individual claims of employment discrimination. Instead, while countries have struggled, individually, to devise processes that meet a variety of needs, none seems to be satisfied with its efforts. Litigation is slow, costly, and impersonal. Informal processes such as conciliation, mediation, arbitration, or administrative processes aim to be faster and cheaper, but may not result in adequate enforcement of discrimination …
Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun
Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun
Publications
No abstract provided.
Settling The Wilderness, Sarah Krakoff
Summary Of Health Plan Of Nev., Inc. V. Rainbow Medical, Llc, Matt Wagner
Summary Of Health Plan Of Nev., Inc. V. Rainbow Medical, Llc, Matt Wagner
Nevada Supreme Court Summaries
This case was an appeal and cross-appeal dealing with Nevada’s Uniform Arbitration Act and the scope of judicial review of an arbitration award.
Mining Mediation Rules For Representation Opportunities And Obstacles, Harold I. Abramson
Mining Mediation Rules For Representation Opportunities And Obstacles, Harold I. Abramson
Scholarly Works
No abstract provided.
Boyd School Of Law Establishes Saltman Center For Conflict Resolution, Jean R. Sternlight
Boyd School Of Law Establishes Saltman Center For Conflict Resolution, Jean R. Sternlight
Scholarly Works
This article discusses William S. Boyd School of Law’s establishment of the Saltman Center for Conflict Resolution.
Using Arbitration To Eliminate Consumer Class Actions: Efficient Business Practice Or Unconscionable Abuse?, Jean R. Sternlight, Elizabeth J. Jensen
Using Arbitration To Eliminate Consumer Class Actions: Efficient Business Practice Or Unconscionable Abuse?, Jean R. Sternlight, Elizabeth J. Jensen
Scholarly Works
Companies are increasingly drafting arbitration clauses worded to prevent consumers from bringing class actions against them in either litigation or arbitration. If one looks at the form contracts she receives regarding her credit card, cellular phone, land phone, insurance policies, mortgage, and so forth, most likely, the majority of those contracts include arbitration clauses, and many of those include prohibitions on class actions. Companies are seeking to use these clauses to shield themselves from class action liability, either in court or in arbitration.
This article argues that while the unconscionability doctrine offers some protections, case-by-case adjudication is a costly means …
Barriers To Immigrant Laborers' Access To Workplace Rights, Anita Sinha
Barriers To Immigrant Laborers' Access To Workplace Rights, Anita Sinha
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Principles Of Influence In Negotiation, Chris Guthrie
Principles Of Influence In Negotiation, Chris Guthrie
Vanderbilt Law School Faculty Publications
Negotiation is often viewed as an alternative to adjudication. In fact, however, negotiation and adjudication may be more alike than different because each is a process of persuasion. Both in the courtroom and at the bargaining table, the lawyer's primary task is to persuade someone other than her own client that her client's positions, interests, and perspectives should be honored. Despite this apparent similarity, persuasion operates differently in adjudication and negotiation because the lawyer seeks to influence a different party in each process. In adjudication, the lawyer seeks primarily to persuade the judge or jury hearing the case. The judge …