Law Commons^™

Settling Claims For Reparations, Daniel Butt

Journal of Race, Gender, and Ethnicity

The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling …

The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson

Scholarly Works

No abstract provided.

Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney

Touro Law Review

No abstract provided.

Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson

Scholarly Works

The best time to settle an international business dispute can be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when they do, they risk losing their jobs. So, what can international arbitrators safely do? What dare they do?

In this article, the author explores the dilemma presented when one neutral …

Ancsa: Sovereignty And A Just Settlement Of Land Claims Or An Act Of Deception, Marilyn J. Ward Ford, Robert Rude

Touro Law Review

No abstract provided.

Rule 408: Compromise And Offers To Compromise

Touro Law Review

No abstract provided.