Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Notre Dame Law School (105)
- SelectedWorks (42)
- Penn State Law (40)
- Selected Works (36)
- University of Missouri School of Law (30)
-
- Singapore Management University (16)
- University of Colorado Law School (16)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (14)
- American University Washington College of Law (8)
- Cleveland State University (7)
- Northwestern Pritzker School of Law (6)
- Columbia Law School (5)
- Duke Law (4)
- Touro University Jacob D. Fuchsberg Law Center (4)
- UIC School of Law (4)
- Boston University School of Law (3)
- Mitchell Hamline School of Law (3)
- St. John's University School of Law (3)
- Texas A&M University School of Law (3)
- University of Georgia School of Law (3)
- University of Pittsburgh School of Law (3)
- Georgetown University Law Center (2)
- Schulich School of Law, Dalhousie University (2)
- Universitas Indonesia (2)
- University of Nebraska - Lincoln (2)
- University of South Carolina (2)
- Brigham Young University Law School (1)
- California Western School of Law (1)
- Chicago-Kent College of Law (1)
- Fordham Law School (1)
- Keyword
-
- Arbitration (147)
- Major League Baseball (105)
- Mediation (17)
- Dispute resolution (16)
- Alternative dispute resolution (15)
-
- Dispute Resolution (15)
- ADR (12)
- Colorado River (12)
- Negotiation (11)
- Contracts (9)
- International (9)
- Arizona (8)
- International arbitration (8)
- California (7)
- Litigation (7)
- New Mexico (7)
- Water supply (7)
- Climate change (6)
- ICSID (6)
- International Arbitration (6)
- Law & Religion (6)
- Rule of law (6)
- Colorado River Basin (5)
- Conflict (5)
- International law (5)
- Lake Mead (5)
- Litigation, alternative dispute resolution, and remedies (5)
- Mexico (5)
- Nevada (5)
- United States (5)
- Publication
-
- Arbitrator Charts (78)
- Arbitration Law Review (40)
- Journal of Dispute Resolution (25)
- Faculty Scholarship (20)
- Research Collection Yong Pung How School Of Law (16)
-
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (13)
- Annual Hearings Charts (9)
- Nevada Law Journal (9)
- Team Hearing Charts (9)
- Faculty Publications (8)
- Team - Player Results (8)
- Bethel G.A Erastus-Obilo (7)
- Global Business Law Review (7)
- Scholarly Works (7)
- Alejandro Faya Rodriguez (6)
- Michael A Helfand (6)
- Articles in Law Reviews & Other Academic Journals (5)
- Faculty Working Papers (5)
- Nikola S Georgiev (5)
- Rodolfo C. Rivas (5)
- Bruno L. Costantini García (4)
- Nevada Supreme Court Summaries (4)
- Prof. Elizabeth Burleson (4)
- Ulf Maunsbach (4)
- Daudi Mwita Nyamaka Mr. (3)
- Publications (3)
- All Faculty Scholarship (2)
- Articles (2)
- Indonesia Law Review (2)
- Michael Diathesopoulos (2)
- Publication Type
Articles 361 - 386 of 386
Full-Text Articles in Law
Access To Justice And Alternative Dispute Resolution, William Davis, Helga Turku
Access To Justice And Alternative Dispute Resolution, William Davis, Helga Turku
Journal of Dispute Resolution
This article reviews access to justice both theoretically and in practice. Second, it highlights some of the challenges and successes of implementing access to justice projects. Finally, it discusses alternative dispute resolution (ADR) reforms in the developing world as one important element of access to justice.
Lost In Translation: Can Exporting Adr Harm Rule Of Law Development, Cynthia Alkon
Lost In Translation: Can Exporting Adr Harm Rule Of Law Development, Cynthia Alkon
Journal of Dispute Resolution
This article will begin with a brief explanation of rule of law development work. Section III will describe the role of legitimacy in developing rule of law. Section IV will discuss some examples of how ADR programs are typically included in rule of law development work. Section V will discuss when promotion of ADR programs may work against the development of rule of laws, specifically when ADR might seem more like a new form of corruption or when it might reinforce already existing bad practices. Section VI will offer some questions for ADR and rule of law development practitioners to …
Dispensing Injustice: Stolt-Nielsen And Its Implications - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., Nicholas Goodrich
Dispensing Injustice: Stolt-Nielsen And Its Implications - Stolt-Nielsen S.A. V. Animalfeeds Int'l Corp., Nicholas Goodrich
Journal of Dispute Resolution
The immediate effect of the holding was to allow a group of corporate defendants to use their superior bargaining position in the contracting process to effectively shield themselves from liability. Although Stolt-Nielsen involved business entities, the case also has implications in the consumer context. If the Court were to extend the reasoning of the case to disputes involving adhesion contracts, corporations would enjoy this immunity in the context of consumer disputes. Far from a hypothetical exercise in the reaches of Supreme Court jurisprudence, the Court is expected to decide this very issue during the 2010 term. In light of these …
New Twist On An Old Approach: Missouri's Use Of Unconscionability And Consent In The Class Arbitration Waiver Analysis - Brewer V. Missouri Title Loans, Inc., A, Whitney Hampton
Journal of Dispute Resolution
In recent years, the inclusion of arbitration agreements in consumer product contracts has become increasingly popular. In an effort to shield themselves from the damaging effects of expensive class action suits by consumers, many companies have begun to include class arbitration waivers in their contracts, which effectively mandate individual arbitration. These arbitration agreements were initially met with optimism. However, courts have seemingly developed a sense of disdain toward them because of their apparent ability to perpetuate disreputable business practices. This has left many courts searching for ways to invalidate class arbitration waivers.
De Novo A No No: Contractually Expanded Judicial Review Clauses Do Not Preclude Faa Application In State Court Unless The Parties Make It Intentionally Clear The Faa Does Not Apply In Their Agreement - Raymond James Fin. Servs., Inc. V. Honea, Tom Swoboda
Journal of Dispute Resolution
This Note addresses a recent Alabama Supreme Court decision concerning the issue of contracted appellate review in arbitration agreements. After analyzing the history of enforcement of arbitration agreements between contracting parties in U.S. Supreme Court precedent, this Note will explore the most recent Supreme Court decision regarding when parties may seek judicial review of arbitration awards. The Federal Arbitration Act's (FAA) preemptive effect over state court law will also be addressed, as the Supreme Court was not thoroughly explanatory on the issue. This Note will also evaluate and compare another state court ruling in Pennsylvania on the same judicial review …
Les Devoirs De L'Arbitre: Ni Un Pour Tous, Ni Tous Pour Un, William W. Park
Les Devoirs De L'Arbitre: Ni Un Pour Tous, Ni Tous Pour Un, William W. Park
Faculty Scholarship
Fans of the Alexandre Dumas novel Three Musketeers will remember that the adventure includes a fourth young man, d'Artagnan, who hopes to become one of the King’s guards, along with his friends Athos, Porthos, and Aramis, living by the motto “All for one, one for all”. Likewise, an arbitrator’s generally include four key obligation: accuracy, fairness, and efficiency, as well as vigilance in promoting an enforceable award. Prevailing litigants normally hope that the arbitral process will lead to something more than a piece of paper. To this end, they expect arbitrators to avoid giving reasons for annulment or non-recognition to …
The Wto Dispute Settlement System 1995-2010: Some Descriptive Statistics, Henrik Horn, Louise Johannesson, Petros C. Mavroidis
The Wto Dispute Settlement System 1995-2010: Some Descriptive Statistics, Henrik Horn, Louise Johannesson, Petros C. Mavroidis
Faculty Scholarship
The Dispute Settlement (DS) system is a central feature of the World Trade Organization (WTO) Agreement. This compulsory and binding two-level mechanism for the adjudication of disputes between WTO Members is the most active among international courts. The functioning of the DS system has attractive research interest among both lawyers and economists. This paper reports some descriptive statistics of the working of the DS system based on the recently updated Horn and Mavroidis WTO Dispute Settlement Data Set. The data set covers all 426 WTO disputes initiated through the official filing of a Request for Consultations from January 1, 1995, …
Maintaining And Enhancing The Integrity Of Adr Processes: From Principles To Practice Through People, Kellam, Nadja Alexander, Nadja Marie Alexander, Andrew Bickerdike, Andrew Greenwood, Margaret Halsmith, Norah Hartnett, Ian Hanger Hanger, Tom Howe, Elizabeth Kelly, Stephen Lancken, Gaye Sculthorpe, Lindsay Smith, Warwick Soden, Tania Sourdin
Maintaining And Enhancing The Integrity Of Adr Processes: From Principles To Practice Through People, Kellam, Nadja Alexander, Nadja Marie Alexander, Andrew Bickerdike, Andrew Greenwood, Margaret Halsmith, Norah Hartnett, Ian Hanger Hanger, Tom Howe, Elizabeth Kelly, Stephen Lancken, Gaye Sculthorpe, Lindsay Smith, Warwick Soden, Tania Sourdin
Research Collection Yong Pung How School Of Law
Nadja Alexander was contributor to the Report as council member of National Alternative Dispute Resolution Advisory Council.In this Report, the National Alternative Dispute Resolution Advisory Council (NADRAC) canvasses particular issues that support the integrity of alternative dispute resolution (ADR) processes, and that are identified in the Terms of Reference. These are: conduct obligations, rules about confidentiality and inadmissibility of communications within ADR processes, and immunity of ADR practitioners from being sued. The Report explains NADRAC’s understanding of the breadth of the concept of integrity as it applies to ADR processes, canvasses the views of interested parties about the integrity of …
"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan
"Competence-Competence And Separability-American Style", Published As Chapter 8 In International Arbitration And International Commercial Law: Synergy, Convergence And Evolution, Jack M. Graves, Yelena Davydan
Scholarly Works
No abstract provided.
"We Can Work It Out": Using Cooperative Mediation--A Blend Of Collaborative Law And Traditional Mediation--To Resolve Divorce Disputes, Elena Langan
Scholarly Works
No abstract provided.
Medellin And Sanchez-Llamas: Treaties From John Jay To John Roberts, Lori Fisler Damrosch
Medellin And Sanchez-Llamas: Treaties From John Jay To John Roberts, Lori Fisler Damrosch
Faculty Scholarship
Medellin v. Texas and Sanchez-Llamas v. Oregon were the first opportunities for the U.S. Supreme Court to speak in the voice of Chief Justice John Roberts on several of the biggest questions at the connecting points between the U.S. legal order and the rest of the world. In writing for the majority in these cases, the new Chief Justice sent signals to several different audiences about whether and how the United States will fulfill its international obligations. The messages differ markedly from those sent by the divided Court in Hamdan v. Rumsfeld, in which Roberts did not participate. Hamdan was …
Considering Recalibration Of International Investment Agreements: Empirical Insights, Susan Franck
Considering Recalibration Of International Investment Agreements: Empirical Insights, Susan Franck
Susan D. Franck
No abstract provided.
Investor-State Disputes: Prevention And Alternatives, Susan Franck
Investor-State Disputes: Prevention And Alternatives, Susan Franck
Susan D. Franck
No abstract provided.
Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten
Grundläggande Immaterialrätt [Basic Intellectual Property Law], 2 Ed., Ulf Maunsbach, Ulrika Wennersten
Ulf Maunsbach
No abstract provided.
Universal Arbitration Between Freedom And Constraint: The Challenges Of Assessment And Control Of Jurisdiction In Multiparty Multi-Contract Arbitration In Arbitration, Karim Youssef
Dr. Karim Y Youssef
No abstract provided.
Confirming Piskei Din In Secular Court, Michael Helfand
Confirming Piskei Din In Secular Court, Michael Helfand
Michael A Helfand
No abstract provided.
Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach
Swedish Soda Club Dispute – Competition Law And Ipr Intersection”, Publicerad I -, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Moving Beyond "Just" A Deal, A Bad Deal Or No Deal: How A Deal-Facilitator Engaged By The Parties As "Counsel To The Deal" Can Help Them Improve The Quality And Sustainability Of The Outcome, Manon Schonewille, Kenneth Fox
Moving Beyond "Just" A Deal, A Bad Deal Or No Deal: How A Deal-Facilitator Engaged By The Parties As "Counsel To The Deal" Can Help Them Improve The Quality And Sustainability Of The Outcome, Manon Schonewille, Kenneth Fox
Kenneth H Fox
Mediation is commonly characterized as one of several core ADR processes. The vast majority of the mediation literature focuses on dispute settlement and resolution. However, relatively little attention is paid to the transactional potential of business mediation - ways in which this ADR process can assist the parties to build better deals. This article describes mediation as a deal-facilitation process.
Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach
Reflections Regarding Place Of Damage In Relation To Keyword Advertising, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Olanike Sekinat Adelakun
Bridging The Gulf: Using Mediated, Consensus-Based Regulation To Reconcile Competing Public Policy Agendas In Disaster Mitigation, Michael N. Widener
Bridging The Gulf: Using Mediated, Consensus-Based Regulation To Reconcile Competing Public Policy Agendas In Disaster Mitigation, Michael N. Widener
Michael N. Widener
In the Deepwater Horizon – Macondo well debacle, experts from the petroleum industry, along with government and non-governmental organizations promoting stewardship of the environment, were among those who planned, executed and advised poorly during the petroleum products spill period. Yet some will be highly vocal persons seeking to influence policies and future regulations. In circumstances involving environmental disasters, ostensibly there are no experts. Conundrums of science and ethics in disaster mitigation fracture debate over the proper courses of action and future government authorizations of industry action. No one person, or modestly – sized group of persons, has sufficient experience or …
The Law Merchant-Redux, Art Gemmell Dr.
The Law Merchant-Redux, Art Gemmell Dr.
art gemmell
The Lex Mercatoria- Redux Arthur J. Gemmell and Autumn Talbott* ABSTRACT
The lex mercatoria developed as merchant-made, private law. Unlike other bodies of law, the lex mercatoria was not born of statutory or “natural” law but from practical, day-to-day commercial usage. In fact, medieval commercial activities propagated the “most favorable trading practices and customs of the various foreign markets within which [merchants] did business.”
What evolved in the Middle Ages out of necessity stands today as a sometimes controversial testimony to the power of self-regulation through a specialized and practical body of law: the lex mercatoria that has for centuries …
Managing The Rule Of Law In The Americas: An Empirical Portrait Of The Effects Of 15 Years Of Wto, Mercosul, And Nafta Dispute Resolution On Civil Society In Latin America, Stephen Joseph Powell, Ludmila Mendonça Lopes Ribeiro
Managing The Rule Of Law In The Americas: An Empirical Portrait Of The Effects Of 15 Years Of Wto, Mercosul, And Nafta Dispute Resolution On Civil Society In Latin America, Stephen Joseph Powell, Ludmila Mendonça Lopes Ribeiro
Stephen Joseph Powell
The objective of this article is to analyze the effect of World Trade Organization (WTO), Common Market of the South (MERCOSUL), and North American Free Trade Agreement (NAFTA) disputes involving Latin American (LA) countries on perfection of the rule of law by LA governments.
Specifically, we examine the extent to which dispute settlement facilitates the strengthening by LA governments of human rights for their civil societies. Professor Powell previously has noted that trade and human rights are inextricably linked because trade rules weaken the ability of governments to promote sustainable development, to alleviate the widening gap between rich and poor, …
The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes
The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes
Henry S. Noyes
With its decisions in Twombly and Iqbal, the Supreme Court established a new federal pleading standard: a complaint must state a plausible claim for relief. Many commentators have written about the meaning of plausibility. None has focused on the Court’s statement that “[d]etermining whether a complaint states a plausible claim for relief...will be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” In this article, I make and support several claims about the meaning and application of judicial experience. First, in order to understand and define the plausibility standard, one must understand …
A Economia Da Arbitragem, Bruno Meyerhof Salama
A Economia Da Arbitragem, Bruno Meyerhof Salama
Bruno Meyerhof Salama
Candados Negociales En El Modelo De Franquicia, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.
Candados Negociales En El Modelo De Franquicia, Rodolfo C. Rivas Rea Esq., Marco A. Vargas Iñiguez Esq.
Rodolfo C. Rivas
The authors discuss different legal mechanisms to franchise your business successfully while minimizing legal risks.//////////////////////////////////////Los autores analizan los diferentes mecanismos legales para desarrollar una franquicia con éxito y reducir al mínimo los riesgos legales.