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Articles 1 - 30 of 334
Full-Text Articles in Law
The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah
The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah
Indonesia Law Review
Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued …
Summary Of Lytle V. Rosemere Estate Prop. Owners, 129 Nev. Adv. Op. 98, Allison Vitangeli
Summary Of Lytle V. Rosemere Estate Prop. Owners, 129 Nev. Adv. Op. 98, Allison Vitangeli
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether an NRCP 59(e) motion to alter or amend may be properly directed at a post-judgment order or whether that rule is limited to final judgments; and (2) whether NRAP 4(a)(4) tolling applied to the appellants’ NRCP 59(e) motion.
Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims, Jean R. Sternlight
Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims, Jean R. Sternlight
Congressional Testimony
Testimony of Professor Jean R. Sternlight to the Senate Judiciary Committee, arguing for the passage of the Arbitration Fairness Act of 2013.
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown
Seattle Journal for Social Justice
No abstract provided.
To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day
To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day
Seattle Journal for Social Justice
No abstract provided.
Resolving Public Records Disputes In Wisconsin: The Role Of The Attorney General's Office, Jonathan Anderson
Resolving Public Records Disputes In Wisconsin: The Role Of The Attorney General's Office, Jonathan Anderson
Theses and Dissertations
This study investigates how the Wisconsin attorney general reviews and sometimes intervenes in access disputes over the state's public records law. The study posed three primary questions: How do the attorney general's administrative review mechanisms operate in practice? To what extent are the mechanisms effective at resolving disclosure disputes? And do the mechanisms help people unable to hire a lawyer to litigate? The study analyzed correspondence in 304 cases over six years to generate data on the quantity and nature of the attorney general's caseload in that time period. The study also interviewed 17 requesters to understand their disputes, their …
Soft Law And The Principle Of Fair And Equitable Decisionmaking In International Contract Arbitration, Larry Dimatteo
Soft Law And The Principle Of Fair And Equitable Decisionmaking In International Contract Arbitration, Larry Dimatteo
Larry A DiMatteo
This article provides a survey of the special relationship between international commercial arbitration and soft law instruments. It briefly traces the historical roots of the lex mercatoria to its present enunciation in the Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts. It discusses the characteristic of the hardness and softness of laws in an international commercial law context. The CISG is studied not only as a hard law, but also as an example of soft law. The affinity between soft law and international commercial arbitration is explored, as well as …
For Reconciliation, Thomas Shaffer, Andrew Mcthenia
For Reconciliation, Thomas Shaffer, Andrew Mcthenia
Thomas L. Shaffer
No abstract provided.
De Re And De Dicto, Robert E. Rodes
De Re And De Dicto, Robert E. Rodes
Robert Rodes
Statements involving knowledge, intent, and the like may often be interpreted either de re (about a thing) or de dicto (about a statement). For instance, A knowingly took B's car can mean either A knowingly took a car that turned out to be B's, the de re interpretation, or A knowingly caused it to be the case that he took B's car, the de dicto interpretation. This paper takes up twelve cases whose outcome depends on which interpretation one gives to a governing principle. It suggests that since the two alternative interpretations are equally supported by the applicable language policy …
Introduction To The Symposium Issue On The Americanization Of International Dispute Resolution, Mary Ellen O'Connell
Introduction To The Symposium Issue On The Americanization Of International Dispute Resolution, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell
Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Let Us Reason Together: The Role Of Process In Effective Mediation, Howard W. Cummins
Let Us Reason Together: The Role Of Process In Effective Mediation, Howard W. Cummins
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Optimal Dispute Systems For Third-Party Funding, Victoria A. Shannon
Optimal Dispute Systems For Third-Party Funding, Victoria A. Shannon
Victoria Shannon Sahani
No abstract provided.
Without Precedent: Legal Analysis In The Age Of Non-Judicial Dispute Resolution, Mark Burge
Without Precedent: Legal Analysis In The Age Of Non-Judicial Dispute Resolution, Mark Burge
Mark Edwin Burge
No abstract provided.
The Varieties Of Individual Engagement (Vie) Scales: Confirmatory Factor Analyses Across Two Samples And Contexts, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Shiyuan Wang, Rebecca Harris, Jayme Neiman, Alan Tomkins
The Varieties Of Individual Engagement (Vie) Scales: Confirmatory Factor Analyses Across Two Samples And Contexts, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Shiyuan Wang, Rebecca Harris, Jayme Neiman, Alan Tomkins
Lisa PytlikZillig Publications
The field of public engagement, participation and deliberation is fraught with conflicting results that are difficult to interpret due to the very different methods and measures used. Theory advancement and consistent operationalization and assessment of key public deliberation and engagement variables will benefit considerably from standardized measures of constructs and the ability to compare across studies. In this article, drawing from social and educational psychology, we describe the theoretical bases for scales assessing eight varieties of participant engagement that may be experienced during participation activities: Active learning, conscientious, uninterested, creative, open-minded, closed-minded, angry, and social engagement. We describe our development …
Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71, Patrick Opdyke
Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71, Patrick Opdyke
Nevada Supreme Court Summaries
The Court determined whether a district court order for judicial review of foreclosure mediation and remanding for further mediation is final and appealable, or whether it is not final and not appealable.
Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64, Whitney E. Short
Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64, Whitney E. Short
Nevada Supreme Court Summaries
The Court determined three issues: (1) whether the district court had the authority to dismiss the complaint pursuant to NRS 38.310;2 (2) whether the district court erred in dismissing all seven claims (preliminary/permanent injunction, negligence, breach of contract, violation of NAC 116.300,3 violation of NAC 116.341,4 violation of NRS 116.1113 and 116.3103, and slander of title/wrongful foreclosure/quiet title) subject to NRS 38.310; and (3) whether the district court erred in setting aside the default judgment against Design 3.2.
Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande
Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande
Faculty Publications
This article reports my observations from teaching those courses and offers suggestions for future efforts to improve legal education. My experience supports the (1) focus on negotiation in a wide range of situations in addition to the final resolution of disputes and transactions, (2) addition of "ordinary legal negotiation" to the two traditional theories of negotiation, and (3) use of multi-stage simulations in addition to traditional single-stage simulations. These approaches were critical in providing students with a more realistic understanding of negotiation. This article also describes experiments with other teaching techniques in my courses.
Constitutional Conundrums In Arbitration: Book Review Of Arbitration And The Constitution, S. I. Strong
Constitutional Conundrums In Arbitration: Book Review Of Arbitration And The Constitution, S. I. Strong
Faculty Publications
The combination of arbitration and constitutional law is the topic of Professor Peter Rutledge's new book, and the focus of this review essay, which will consider, among other things, whether these two subjects are compatible.
Guidance On Representative Actions: Koh Chong Chiah And Others V Treasure Resort Pte Ltd [2013] Sgca 52, Eunice Chua
Guidance On Representative Actions: Koh Chong Chiah And Others V Treasure Resort Pte Ltd [2013] Sgca 52, Eunice Chua
Research Collection Yong Pung How School Of Law
In Koh Chong Chiah and others v Treasure Resort Pte Ltd,1 the Court of Appeal issued acomprehensive judgment outlining when representative actions may be brought pursuant toO 15 r 12 of the Rules of Court,2 which provides that:Where numerous persons have the same interest in any proceedings, … theproceedings may be begun, and, unless the Court otherwise orders, continued, by oragainst any one or more of them as representing all or as representing all except oneor more of them [emphasis added].
Bargaining In The Shadow Of The Best-Interests Standard: The Close Connection Between Substance And Process In Resolving Divorce-Related Parenting Disputes, Jana B. Singer
Jana B. Singer
This essay, written for a Symposium celebrating the child custody scholarship of Professor Robert Mnookin, examines the close connection between changes in substantive child custody doctrine and changes in custody dispute resolution processes over the past 30 years. Part I of the article explores how the widespread adoption of an unmediated “best interest of the child” standard, and the ensuing rejection of the sole custody paradigm, precipitated a shift from adversarial to non-adversarial resolution of divorce-related parenting disputes. Part II of the essay reverses the direction of the analytic lens and considers how the shift from adversarial to non-adversarial dispute …
‘Translating The Terrain’ Over Cultural Myths And Mistaken Assumptions, Marjorie Corman Aaron
‘Translating The Terrain’ Over Cultural Myths And Mistaken Assumptions, Marjorie Corman Aaron
Faculty Articles and Other Publications
Lawyers must recognize that, outside of the legal practice, people lack shared knowledge about its workings. Thus, the “lawyer-translator” must supply basic, missing knowledge of legal process, practice, and culture for her words to make sense. Without some of that knowledge, the lawyer’s words lack meaning.
Mobil V. Canada – Ratcheting Down The Scope Of Treaty Reservations, Lise Johnson
Mobil V. Canada – Ratcheting Down The Scope Of Treaty Reservations, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
As part of States’ efforts to strike a balance in their international investment agreements (IIAs) between the obligations they assume and the rights and policy space they wish to retain, some adjoin annexes to their treaties to protect their ability to take “Non-Conforming Measures” (NCMs). States have generally: used such annexes to make exceptions to non-discrimination obligations, market access restrictions and performance requirements; have included the ability to grandfather in NCMs existing at the time an IIA enters into force; and have provided for the ability to maintain, amend, and enact new NCMs in specifically identified sectors, sub-sectors, activities, or …
Chief Justice Of Samoa Launches Mediation Rules, Nadja Alexander
Chief Justice Of Samoa Launches Mediation Rules, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the launch of Samoa’s Mediation Rules 2013 by His Honour Patu Tiava’asue Falefatu Sapolu is presented.
Time To Join The “Bit Club”? Promoting And Protecting Brazilian Investments Abroad, Lucas Bento
Time To Join The “Bit Club”? Promoting And Protecting Brazilian Investments Abroad, Lucas Bento
Lucas Bento
The growing internationalization of Brazilian organizations calls for a greater array of investment protections available to them, particularly as they weave through an increasingly competitive and uncertain global economy. This article argues that the Brazilian government should consider ratifying BITs so as to provide greater protections to its own – domestic – investors.
Alternative Dispute Resolution And Public Confidence In The Judiciary: Chief Judge Bell's "Culture Of Conflict Resolution", Deborah Thompson Eisenberg, Rachel Wohl, Toby Treem Guerin
Alternative Dispute Resolution And Public Confidence In The Judiciary: Chief Judge Bell's "Culture Of Conflict Resolution", Deborah Thompson Eisenberg, Rachel Wohl, Toby Treem Guerin
Deborah Thompson Eisenberg
Chief Judge Robert M. Bell has been a visionary leader in the development of alternative dispute resolution (“ADR”). His innovations have made Maryland a model state for conflict resolution programs in the courts and, uniquely, beyond the courthouse doors in a broad range of arenas. This article provides an overview of the “culture of conflict resolution” he ignited in the judiciary and in communities.
Mediating Theft, Kaitlyn E. Tucker
Mediating Theft, Kaitlyn E. Tucker
Kaitlyn E Tucker
In the attached short article, I argue for a change in the punishment scheme in non-violent theft crimes. Specifically, I outline a new Victim-Offender Mediation program and then argue how and why it should integrate into the criminal justice system to advance restorative justice as a viable method for punishment in America. I describe restorative justice as a model for punishment and Victim-Offender Mediation specifically as a restorative technique. I then explain why our criminal justice system needs Victim-Offender Mediation. The nation faces unprecedented numbers of prisoners and costs to run prison facilities, in addition to the disparate number of …
Mediating Theft, Kaitlyn E. Tucker
Mediating Theft, Kaitlyn E. Tucker
Kaitlyn E Tucker
In the attached short article, I argue for a change in the punishment scheme in non-violent theft crimes. Specifically, I outline a new Victim-Offender Mediation program and then argue how and why it should integrate into the criminal justice system to advance restorative justice as a viable method for punishment in America. I describe restorative justice as a model for punishment and Victim-Offender Mediation specifically as a restorative technique. I then explain why our criminal justice system needs Victim-Offender Mediation. The nation faces unprecedented numbers of prisoners and costs to run prison facilities, in addition to the disparate number of …
Mediating Theftv, Kaitlyn E. Tucker
Mediating Theftv, Kaitlyn E. Tucker
Kaitlyn E Tucker
In the attached short article, I argue for a change in the punishment scheme in non-violent theft crimes. Specifically, I outline a new Victim-Offender Mediation program and then argue how and why it should integrate into the criminal justice system to advance restorative justice as a viable method for punishment in America. I describe restorative justice as a model for punishment and Victim-Offender Mediation specifically as a restorative technique. I then explain why our criminal justice system needs Victim-Offender Mediation. The nation faces unprecedented numbers of prisoners and costs to run prison facilities, in addition to the disparate number of …