Dispute Resolution and Arbitration Commons^™

Why Courts Review Arbitral Awards, William W. Park

Faculty Scholarship

Judicial review of arbitral awards constitutes a form of risk management. In most countries courts may vacate decisions of perverse arbitrators who have ignored basic procedural fairness, as well as those of alleged arbitrators who have attempted to resolve matters never properly submitted to their jurisdiction. In some countries judges may also correct legal error or monitor an award's consistency with public policy.

Public scrutiny of arbitration is inevitable at the time of award recognition. Judges can hardly ignore the basic fairness of an arbitral proceeding when asked to give an award res judicata effect by seizing assets or staying …

Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel

Scholarly Works

Many scholars of the dispute resolution system perceive a sea change in attitudes toward adjudication that took place in the mid-1970s. Among the events of the time included the Pound Conference, which put the Chief Justice of the United States and the national judicial establishment on record in favor of at least some refinement, if not restriction, on access to courts. In addition, Chief Justice Burger, the driving force behind the Pound Conference, also used his bully pulpit as Chief Justice of the Supreme Court to promote ADR, particularly court-annexed arbitration. The availability of judicial adjuncts such as court-annexed arbitration …

Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy

Publications

No abstract provided.

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …

Can Buckley Clear Customs?, Harold H. Bruff

Publications

No abstract provided.

Timber Harvesting On Private Lands: The Washington Timber– Fish–Wildlife Agreement, John P. Mcmahon

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains 3 pages of references.

Bay/Delta Standards Memorandum And Exhibits, Thomas J. Graff

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

47 pages.

The 1987 Nonpoint Source Pollution Amendments And State Progress Under The New Program, John H. Davidson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

143 pages.

Contains 4 pages of references.

Antidegradation And Nonpoint Source Pollution In The West, H. Michael Anderson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

31 pages.

Contains references.

Soil Erosion, Agrichemicals And Water Quality: A Need For A New Conservation Ethic?, Christine Olsenius

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains references.

The San Joaquin–Sacramento Delta, David R. Beringer

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

20 pages.

Contains 2 pages of references.

Public Land Livestock Grazing, Water Quality And Riparian Ecosystems: The Evolving Legal And Technical Context, Richard H. Braun

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

8 pages.

Contains 1 page of references.

Legal Issues: San Francisco Bay, Sacramento-San Joaquin River Delta And Estuary, Stuart L. Somach

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

48 pages.

Contains footnotes.

State Legislative Options For Protecting Groundwater Quality, Larry Morandi

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

13 pages.

Contains references.

Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Protecting water quality is essential to preserve the many beneficial uses of western water resources. This conference addresses the dominant federal requirements in the Clean Water Act, including the important major revisions enacted by Congress in 1987, with special attention to western problems regarding nonpoint source pollution. Developments in groundwater quality regulation are considered, as are selected issues concerning the implications of state and federal water quality regulation for the traditional exercise of water rights.

Surrogate Parenting After Baby M: The Ball Moves To The Legislature’S Court, John R. Dunne, Gregory V. Serio

Touro Law Review

No abstract provided.

Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein

Touro Law Review

No abstract provided.

Repositioning Arizona Lands, D. Dean Bibles

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

10 pages.

Ski Development In National Forests, Harris D. Sherman, David S. Neslin, Ian K. Whitlock

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

79 pages.

Carrying Capacity In The National Parks, Denis P. Galvin

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

4 pages.

Blm Land Planning And Consistency Obligations To Provide For Protection Of Natural Values On Adjacent Protected Lands, William J. Lockhart

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

60 pages.

Watershed Management And Water Quality Protection, Thomas E. Wilson

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

11 pages.

Contains references (page 1).

Wilderness Protection On Forest Service Lands: Badger-Two Medicine, Arnold W. Bolle

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

22 pages.

Lands Of Brighter Destiny: The Future Of The Public Lands, Elizabeth Darby Junkin

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

4 pages.

Integrating Private Water Development Activities Into Federal Land And Resource Planning And Management, James F. Engelking

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

92 pages.

Livestock Grazing On Public Lands: Procedures And Issues, E. T. Bartlett

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

17 pages.

Contains references.

Riparian Management: Back To Basics, Wayne Elmore

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

9 pages.

The Arctic National Wildlife Refuge: A Case Study In Reconciling Nationally Significant Wildlife Protection, Wilderness And Mineral Potential, Guy R. Martin

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

28 pages.

Contains 10-page chronology, 1867-1987.

Changes In Altering Land Classifications And Blm Land Use Planning: The National Wildlife Federation V. Burford Case, Constance E. Brooks

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

28 pages.

The Oil Shale Saga: Where Do We Stand?, Donald L. Morgan

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

12 pages.