Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Dispute Resolution and Arbitration (4)
- Civil Rights and Discrimination (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Counseling Psychology (1)
-
- Courts (1)
- Criminal Procedure (1)
- Family Law (1)
- Housing Law (1)
- Law Enforcement and Corrections (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
- Legislation (1)
- Marriage and Family Therapy and Counseling (1)
- Medicine and Health Sciences (1)
- Mental and Social Health (1)
- Psychology (1)
- Religion Law (1)
- Social and Behavioral Sciences (1)
- Institution
- Publication
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Law
Designing Responsive Legal Systems: A Comparative Study, Nofit Amir, Michal Alberstein
Designing Responsive Legal Systems: A Comparative Study, Nofit Amir, Michal Alberstein
Pepperdine Dispute Resolution Law Journal
The drive for efficiency has caused many legal systems to redesign themselves, creating multiple paths for dispute resolution and incorporating settlement-promoting tools into the judicial role. However, as this study shows, legal systems have taken divergent approaches as they redesign themselves to accommodate settlement practices, leading to widely disparate results. This study probes the paths taken by three countries’ legal systems—England and Wales (common law), Israel (mixed), and Italy (continental law)—drawing on court docket analyses, courtroom observations, and interviews with judges in the three legal systems. It uncovers central points of divergence—emphasized stage of dispute resolution, separation vs. combination of …
Can Islamic Law Principles Regarding Settlement Of Criminal Disputes Solve The Problem Of The U.S. Mass Incarceration?, Amin R. Yacoub, Becky Briggs
Can Islamic Law Principles Regarding Settlement Of Criminal Disputes Solve The Problem Of The U.S. Mass Incarceration?, Amin R. Yacoub, Becky Briggs
Pepperdine Dispute Resolution Law Journal
The mass incarceration crisis in the United States (US) remains a vexing issue to this day. Although the US incarcerated population has decreased by twenty-five percent amid the COVID-19 pandemic, the US remains a leading country in the number of incarcerated people per capita. Focusing on Islamic law principles governing settlement in criminal cases, the rehabilitative approach of the Icelandic criminal justice model, and the powerful role of prosecutors in serving justice, this research argues that integrating settlement and mediation into the prosecutorial proceedings will significantly reduce mass incarceration in the US.
A Reaction To Systemic Inaction: Breaking The Congressional Logjam Where It Counts, Nicholas W. Archibald
A Reaction To Systemic Inaction: Breaking The Congressional Logjam Where It Counts, Nicholas W. Archibald
Pepperdine Dispute Resolution Law Journal
William Marshall proposed that congressional inaction threatening “the ability of the government to function” should be “subject to constitutional scrutiny.” This article is a response to Marshall’s proposal and offers a potential solution based on alternative dispute resolution rather than the courts. When faced with seemingly insurmountable differences, Congress must look to alternative dispute resolution to reach a breakthrough on critical issues. This paper proposes the creation of a Mediation Office to assist Congress in coming to these breakthroughs. This mechanism could also possibly intervene when the issue is between Congress and the President. Part II of this article will …
Achieving Equality Without A Constitution: Lessons From Israel For Queer Family Law, Laura T. Kessler
Achieving Equality Without A Constitution: Lessons From Israel For Queer Family Law, Laura T. Kessler
Utah Law Faculty Scholarship
How might the United States reconcile conflicts between equality and religious freedom in the realm of family law? To answer this question, this chapter considers recent developments in family (personal status) law in Israel. While Israel may at first blush appear to be the last place that feminists and queer theorists should look for solutions to modern conflicts between democratic and religious values, this chapter argues that the Israeli experience has much to offer critical family scholars working to develop pluralistic legal approaches to family regulation. Israel is a country with a diverse population and unique political and legal context …
Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini
Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini
Articles
This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations had the rare opportunity to design a dispute resolution system into existence. A dispute system design team was formed and began by examining the interconnected problems of housing instability, eviction, and houselessness. Despite thorough research on dispute system design and extensive meetings with stakeholders, the deign team encountered numerous challenges. This Article identifies the …
It Takes Two: Professional Interconnections And Potential Collaborations Between Small-Town Family Attorneys And Couple/Family Therapists, Wendy Lenk Mcclary
It Takes Two: Professional Interconnections And Potential Collaborations Between Small-Town Family Attorneys And Couple/Family Therapists, Wendy Lenk Mcclary
Antioch University Full-Text Dissertations & Theses
Attorneys who specialize in family practice may experience significant rates of mood disorders and substance reliance. Law schools typically do not provide supportive coursework or mentoring to help students learn to manage their feelings and those of crisis-impacted clients. Lawyers may well consider that understanding emotional needs and providing emotional support does not fall within their codes of practice. Societal stigma may prevent family attorneys and their clients from seeking therapy. Small-town attorneys may be particularly vulnerable to professional stress and safety concerns. The purpose of this study was to explore and understand the lived experiences of family attorneys practicing …