Law Commons^™

Mending The Fracture: Bringing Parties Together On High Volume Hydraulic Fracturing Through Alternative Dispute Resolution, Allison Rose

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Election Law And Civil Discourse: The Promise Of Adr, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article was the result of a Symposium that explored the potential promises of alternative dispute resolution (“ADR”) for resolving election law disputes. Both election law and ADR scholars opined on how ADR can help to achieve various goals for deciding contentious election law cases. My focus in this essay is narrower: I suggest that employing some features of ADR to resolve election disputes can help to improve the civil discourse of our elections and our political culture. That is, certain aspects of ADR can assist in reducing caustic language in election law judicial decisions, in the media’s reporting of …

Summary Adjudication In United States Civil Procedure, Mary J. Davis

Law Faculty Scholarly Articles

This article uses one of the high profile mass tort cases of recent decades, the complex silicone gel-filled breast implant products liability litigation, to evaluate summary adjudication measures. Recognizing that not all claims filed are complex tort claims (just the most interesting ones), where commercial claims present the opportunity for use of summary proceedings, those will be discussed as well, particularly regarding mechanisms by which security for a creditor-plaintiffs claim can be obtained prior to a favorable verdict.

While preparing this Report, it became clear that the author has a particular view of what constitutes a "summary adjudication" procedure, but …

Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman

Law Faculty Scholarly Articles

The comparison of different legal systems offers a number of analytical and research advantages, one of which is that it provides a laboratory for observing differences and similarities in the ways in which common regulatory and dispute resolution models operate in similar and dissimilar environments. This Essay uses that laboratory to illustrate how the bargaining strength model presented in Settling for More: Mastering Negotiation Strategies and Techniques can be applied in analyzing mediatory interventions and provide a better understanding of (a) how such interventions can be utilized most effectively, (b) when they are useful, (c) when they are superfluous, and …

Court-Annexed Arbitration--The Northern Kentucky Experience, Christopher J. Mehling, Donald Stepner

Kentucky Law Journal

No abstract provided.

The Neighborhood Justice Center Movement, Edith B. Primm

Kentucky Law Journal

No abstract provided.

Training Interveners For Adr Processes, Joseph B. Stulberg

Kentucky Law Journal

No abstract provided.

State Offices Of Mediation: Thoughts On The Evolution Of A National Network, Peter S. Adler

Kentucky Law Journal

No abstract provided.

Building And Maintaining A Statewide Mediation Program: A View From The Field, Sharon Press

Kentucky Law Journal

No abstract provided.

Establishing A Joint State Bar Association And Supreme Court Commission On Alternative Dispute Resolution, Jack P. Etheridge

Kentucky Law Journal

No abstract provided.

Running Statewide Dispute Resolution Programs--The New York Experience, Thomas F. Christian

Kentucky Law Journal

No abstract provided.

Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

The Development And Organization Of Domestic Relations Mediation In A Multi-Function Mediation Center In Kentucky, Gary W. Paquin

Kentucky Law Journal

No abstract provided.

Reflections On The Role Of The Neutral Lawyer: The Lawyer As Mediator, Karen A. Zerhusen

Kentucky Law Journal

No abstract provided.

Confessions Of An Ethics Chairman, Richard H. Underwood

Law Faculty Scholarly Articles

This article responds to the critics of state bar ethics committees. Indirectly, it raises some questions about the need, or at least the extent of the need, for yet another law-related cottage industry (the for hire legal ethics consultant). It also provides some friendly advice for those well-meaning types in every jurisdiction who are perennially "reforming" or "energizing" their bar associations and demanding for the "membership" a dazzling new array of services. It discusses practical problems that have gone unmentioned in the limited literature, just as it takes issue with many of the assertions that have been made in that …