Dispute Resolution and Arbitration Commons^™

Terminating Public School Teachers For Cause Under Minnesota Law, Christine D. Ver Ploeg

William Mitchell Law Review

It is important to understand the realities that surround the discharge of a teacher, for embarking upon this path promises to be painful for everyone involved. Teachers who challenge allegations that they are personally or professionally unworthy of continuing to teach in their districts--or perhaps to continue to teach at all--understandably experience extraordinary trauma and anxiety. By the same token, districts that ultimately fail to prove the case for discharge can face significant financial liability and may even be forced to reinstate teachers who have been found to be deficient. Finally, these efforts often divide schools and communities because teachers, …

The Promise And Perils Of "Our" Justice: Psychological, Critical And Economic Perspectives On Communities And Prejudices In Mediation, Clark Freshman

Cardozo Journal of Conflict Resolution

Looking for justice in mediation often depends on the lens. Critics of mediation often measure mediation against an idealized court system and find mediation lacking. Many proponents of mediation, including many contributors to the Cardozo Symposium on Mediation and Justice, argue mediation promotes justice by promoting different values from alternatives like the courts: it may promote the autonomy of the parties by letting them make choices, it may lead to more creative settlements; it may lead to greater satisfaction; it might be less expensive.

Swimming In The Deep End: Dealing With Justice In Mediation, Jonathan M. Hyman

Cardozo Journal of Conflict Resolution

Justice is a troublesome issue for mediators. It is not their role to decide who was right and who was wrong. Mediators have no authority to determine if a resolution is fair or just. That role and that authority are reserved for judges, juries, and arbitrators. But if mediators should not decide what is fair and just, why should they even think about those matters? Even learning only what the parties deem fair or unfair about past actions, or what is just or unjust about pending settlement proposals, without trying to impose any "correct" outcome, would leave the mediator with …

Interpersonal Dynamics, Joshua D. Rosenberg

ExpressO

This article explains the importance of relationship skills to attorneys. It explains why, despite the significance of these skills to attorneys, law schools and law firms ignore them. It then explains how these skills can be taught in law school, and how a relation al perspective can become not simply an important part of the law, but also an important part of the lives of lawyers. It develops and supports an ap proach that develops the cognitive, behavioral, perceptual and emotional skills and awareness essential to both accurate communication and productive and meaningful relationships. This approach is quite different from …

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy

Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center

Water Negotiation Workshop (June 4-5)

5 pages.

Contents:

Maps of Klamath Basin -- Key water-related events in the Upper Klamath Basin

Excerpted from: Ron Hathaway & Teresa Welch, Water Allocation in the Klamath Reclamation Project, 2001: An Assessment of Natural Resource, Economic, Social, and Institutional Issues with a Focus on the Upper Klamath Basin 31-34, 43 (Oregon State University, University of California, reprinted May 2003). Full report available in Klamath Waters Digital Library at http://digitallib.oit.edu/cdm/ref/collection/kwl/id/9442.

Finding A Sense Of Self In The World: A Process For Overcoming Personal And Collective Alienation After Institutional Abuse, Seetal Kaur Sunga

LLM Theses

The author examines three aspects of dispute resolution involving cases of physical and sexual abuse in institutions and other environments. She focuses on judicial and alternative processes that deal with identity formation, empowerment and monetary compensation. She argues that sexual abuse and physical abuse create specific harms to the identity and power of abused persons. These harms should be addressed through a process that can allow for identity-formation and re-configuration of the power relationship between the parties. The author concludes that judicial processes recognize identity formation that occurs outside the legal arena, and are capable of recognizing the power of …

Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse

Reports & Public Policy Documents

Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …

Civil Justice Reform Symposium: Introduction, James F. Hogg

Faculty Scholarship

Many people in the United States are not happy about the way in which litigation proceeds. In a country sometimes thought to be overpopulated with lawyers, either one party or both parties in a significant percentage of civil cases apparently cannot afford, or decline to retain, legal counsel. Financing for legal aid seems to be less than adequate, pro bono services are helping to some extent, but the administration of civil justice is in danger of sinking in the swamp of pro se ("do-it-yourself') litigation. The articles in this symposium discuss ideas for reform, such as introductory resources directed at …

Culture And Mediation: A Red Herring, Cynthia A. Savage

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Alternative Court Structures In The Future Of The California Judiciary: 2020 Vision, Lawrence B. Solum

Faculty Scholarship

How should citizens in a modern pluralist democracy debate and discuss public affairs? There is wide agreement that the government should not censor public debate about politics, at least not without very good reason. But when it comes to a related question of political morality - "To what ideal should citizens aspire in political debate?" - the issue is cloudy. For example, some have argued that religious reason should be excluded from public debate; others argue for the exclusion of statements which degrade people on the basis of their religion, race or ethnicity. Still others contend that in public debate, …

Risky Business: Courts, Culture, And The Marketplace, Tahirih V. Lee

University of Miami Law Review

No abstract provided.

Making A Commitment To Social Change: Extending The Canon Of Dispute Processing Research, Frank W. Munger

Articles & Chapters

No abstract provided.

Harmony, Law, And Anthropology, Daniel H. Levine

Michigan Law Review

A Review of Harmony Ideology: Justice and Control in a Zapotec Mountain Village by Laura Nader

Critical Theory And Postmodernism: On The Interplay Of Ethics, Aesthetics, And Utopia In Critical Theory, Seyla Benhabib

Cardozo Law Review

No abstract provided.

Cultural Neutrality: A Prerequisite To Arbitral Justice, Giorgio Bernini

Michigan Journal of International Law

In common parlance, neutrality is often equated with impartiality. Any such assimilation, however, would be incorrect, since neutrality and impartiality are intrinsically different. At the risk of oversimplification, neutrality may be defined as an objective status, i.e. the likelihood that the arbitrator will be, and remain, wholly equidistant in thought and action throughout the arbitral proceedings. Impartiality, on the contrary, partakes more of a subjective status, to be tested in the context of the concrete relations existing between the arbitrator(s) and each individual party. It follows that one can be impartial without being neutral; and conversely, that no arbitrator may …

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.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Beyond Psychiatric Expertise (By Ben Bursten, M.D.), Bruce N. Morton

Touro Law Review

No abstract provided.

Where Two Worlds Meet: A Time For Reassessment In The Anthropology Of Law, Simon Roberts

Michigan Law Review

A Review of Disputes and Negotiations: A Cross-Cultural Perspective by P.H. Gulliver, and The Disputing Process--Law In ten Societies edited by Laura Nader and Harry F. Todd Jr., and The Imposition of Law edited by Sandra B. Burman and Barbara E. Harrell-Bond

Organizing The Ethnography Of Negotiations, William L.F. Felstiner

Michigan Law Review

A Review of Disputes and Negotiations: A Cross-Cultural Perspective by P.H. Gulliver

Litigation And Mediation In Thailand, Sally Falk Moore

Michigan Law Review

A Review of Code and Custom in a Thai Provincial Court by David M. Engel

The Division Of Legal Labor In Rural Haiti, Pnina Lahav

Faculty Scholarship

This paper explores the institutional facilities available to Haitian peasants for the settlement of their disputes. More specifically, it compares the institution of the Chef de Section - the lowest administrative appointee in the Haitian countryside and the Justice of the Peace - the lowest ranking judicial institution provided by the Haitian legal system. The paper further advances the hypothesis that at the present time there is a shift in the division of labor between the two institutions, in favor of the Justice of the Peace, and that this shift may be attributed to processes of social differentiation currently detectable …

Adequacy Of Strike Injunctions, J. P. Dawson

Michigan Law Review

A book review of STRIKE INJUNCTIONS IN THE NEW SOUTH. By Duane McCracken.