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Full-Text Articles in Law
C-Drum News, V. 3, No. 1, Fall 2009
C-Drum News, V. 2, No. 2, Spring 2009
Dispute Resolution And The Post-Divorce Family: Implications Of A Paradigm Shift, Jana B. Singer
Dispute Resolution And The Post-Divorce Family: Implications Of A Paradigm Shift, Jana B. Singer
Faculty Scholarship
Over the past two decades, there has been a paradigm shift in the way the legal system handles most family disputes – particularly disputes involving children. This paradigm shift has replaced the law-oriented and judge-focused model of adjudication with a more collaborative, interdisciplinary and forward-looking family dispute resolution regime. It has also transformed the practice of family law and fundamentally altered the way in which disputing families interact with the legal system. This essay examines the elements of this paradigm shift in family dispute resolution and explores the opportunities and challenges it offers for families, children and the legal system.
For Both Love And Money: Viviana Zelizer's "The Purchase Of Intimacy", Martha M. Ertman
For Both Love And Money: Viviana Zelizer's "The Purchase Of Intimacy", Martha M. Ertman
Faculty Scholarship
Viviana Zelizer’s recent book, The Purchase of Intimacy (2005) presents an innovative theory of how social and legal actors negotiate rights and obligations when money changes hands in intimate relationships--a perspective that could change how we understand many things, from valuations of homemaking labor to the 9/11 Victim Compensation Fund. This essay describes Zelizer’s critique of the reductionist “Hostile Worlds” and “Nothing But” approaches to economic exchange in intimate relationships, then explains her more three-dimensional approach, “Connected Lives.” While Zelizer focuses on family law, the essay goes beyond that context, extending Zelizer’s approach to transfers of genetic material, and concluding …
Dancing With The Dragon: What U.S. Parties Should Know About Chinese Law When Drafting A Contractual Dispute Resolution Clause, Marcus Wang
Student Articles and Papers
This paper draws on scholarly and field research in both the United States and China to present a legal and practical primer for U.S. parties entering the Chinese marketplace.
As China's role in the global economy becomes more prominent, American companies are finding that doing business in China is necessary to retaining a competitive edge. As the number of transactions between American and Chinese companies increases, however, the number of potential disputes increases correspondingly. Unique legal and practical circumstances in China require a China-specific approach to managing such disputes.
The paper identifies one such approach – the use of a …