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Articles 1 - 30 of 599
Full-Text Articles in Dispute Resolution and Arbitration
Regulatory Innovation Through Authority: An Analysis Of India’S Central Consumer Protection Authority’S Functioning (2020–2025), Gaurav Pathak, Mohit Yadav, Anush Ganesh
Regulatory Innovation Through Authority: An Analysis Of India’S Central Consumer Protection Authority’S Functioning (2020–2025), Gaurav Pathak, Mohit Yadav, Anush Ganesh
International Journal on Consumer Law and Practice
This article presents the first comprehensive empirical analysis of India’s Central Consumer Protection Authority (CCPA), since its establishment in 2020, based on an examination of 165 orders across 118 cases through 2025. The study fills a critical research gap by systematically analysing CCPA’s enforcement patterns, procedural efficiency, and regulatory evolution. The unique dataset reveals that CCPA has fundamentally transformed India’s consumer protection landscape through a distinctive dual approach that combines reactive enforcement with proactive regulation. This study finds that 72 per cent of cases were initiated suo moto, indicating a paradigm shift from complaint-driven to preventive market surveillance and that …
12-Year Report Of The Massachusetts Community Mediation Center Grant Program (Fiscal Years 2013 – 2024), Madhawa Palihapitiya, Karina Zeferino
12-Year Report Of The Massachusetts Community Mediation Center Grant Program (Fiscal Years 2013 – 2024), Madhawa Palihapitiya, Karina Zeferino
Massachusetts Office of Public Collaboration Publications
This report examines the development, performance, and impact of the Massachusetts Community Mediation Center Grant Program during its first 12 years, covering fiscal years 2013 through 2024. Established under Massachusetts General Laws Chapter 75, Section 47, the Grant Program provides operational and programmatic funding to qualified community mediation centers offering free or low-cost dispute resolution services through trained community volunteers. The Massachusetts Office of Public Collaboration at the University of Massachusetts Boston administers and evaluates the program.
Over the period examined, the Commonwealth’s annual appropriation increased from $650,000 in FY2013 to approximately $3.2 million in FY2024. This investment stabilized community …
Maurice Q. Robinson ’09 Honored At 16th Annual Ballsa Celebration, Benjamin N. Cardozo School Of Law
Maurice Q. Robinson ’09 Honored At 16th Annual Ballsa Celebration, Benjamin N. Cardozo School Of Law
Cardozo Law News Archive
Cardozo School of Law honored alumnus Maurice Q. Robinson ('09) at the 16th Annual BALLSA Celebration for his leadership, service, and commitment to mentoring students and strengthening the law school's alumni community. The event also recognized recipients of the BALLSA Scholarship and celebrated the contributions of Cardozo's affinity groups.
Dokdo/Takeshima And Maritime Delimitation Between The Republic Of Korea And Japan: A Comment On Icj Dispute Resolution, Katherine Angell
Dokdo/Takeshima And Maritime Delimitation Between The Republic Of Korea And Japan: A Comment On Icj Dispute Resolution, Katherine Angell
Celebrating WCL Student Authors
The Republic of Korea (Korea) should agree to submit the issue of sovereignty over Dokdo/Takeshima and the issue of maritime delimitation in the East Sea/Sea of Japan to the International Court of Justice (ICJ) because the ICJ is likely to decide that Dokdo/Takeshima is Korean territory and the tensions in the East Sea/Sea of Japan can be resolved to allow further cooperation between the two nations. The ICJ is the primary avenue for peacefully resolving territorial and maritime delimitation disputes between nations, and the ICJ has developed a substantial body of case law analyzing these issues. The ICJ considers various …
Massachusetts Community Mediation Center (Cmc) Grant Program: Fiscal Year 2025 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino
Massachusetts Community Mediation Center (Cmc) Grant Program: Fiscal Year 2025 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino
Massachusetts Office of Public Collaboration Publications
The CMC Grant Program remains a vital statewide investment in equitable access to justice and community well-being in Massachusetts. In FY2025, the Commonwealth allocated $3,100,202 to the Program, with $2,376,002 awarded directly to 12 community mediation Centers for operational support, technical assistance, and participation in statewide initiatives. These funds continued to serve as the financial foundation of the community mediation system, accounting for half of Centers’ collective revenue and enabling them to leverage an additional $2,435,797 from private, municipal, state, and federal partners—demonstrating strong public return on state appropriations. Despite a funding reduction in FY2025, the Program generated …
Conflict Clarity: How To Teach Students To Turn Disputes Into Growth Opportunities, Eileen Paige Petzold-Bradley
Conflict Clarity: How To Teach Students To Turn Disputes Into Growth Opportunities, Eileen Paige Petzold-Bradley
Learning and Educational Center Virtual Teaching and Learning Conference
Conflict is an unavoidable part of learning and working in today’s fast-changing industries. Faculty often observe students struggling with teamwork, communication breakdowns, and emotional self-management during group projects or internships. This session equips educators with practical strategies to help students build durable skills—conflict resolution, emotional intelligence, and self-awareness—that translate directly into professional success.
Drawing on research in conflict management, leadership, and organizational psychology, participants will explore the “Conflict Clarity” framework: a set of teaching tools, reflection prompts, and case scenarios designed for classroom use across disciplines. Faculty will learn how to integrate conflict styles, the CLEAR conversation framework, and role-play …
Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray
Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray
Journal of Humanities and Social Sciences
The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …
A Qualitative Study Exploring Senior Leaders’ Experiences And Perceptions In Addressing Workplace Sexual Harassment In The U.S. Federal Government: A Systems Perspective, Karen Jane Dean
Electronic Theses and Dissertations
Sexual harassment (SH) is a prevalent, costly, and often unreported problem in the U.S. Federal Government. Despite decades of research from multiple perspectives and recommendations to address SH, the problem persists and remains complex. While some researchers and U.S. Government agencies have called upon leaders to commit to eliminating workplace SH, others have suggested using an integrated conflict management system (ICMS) to manage the complexity, nuances, and conflicts. Even though there is a call for leadership to address SH, there is limited documentation in the literature about leaders’ experiences and perceptions in addressing the problem. Therefore, this qualitative study was …
The Latin American Principles For Out-Of-Court Workouts, Aurelio Gurrea-Martinez, Adolfo Rouillon
The Latin American Principles For Out-Of-Court Workouts, Aurelio Gurrea-Martinez, Adolfo Rouillon
Research Collection Yong Pung How School Of Law
Out-of-court workouts can save significant costs associated with the initiation of a formal insolvency proceeding. Therefore, they can help minimise the loss of value experienced by an insolvent firm, ultimately contributing to the maximisation of the returns to creditors and the reorganisation of viable but financially distressed businesses. Additionally, an out-of-court agreement can provide a level of flexibility and confidentiality that is usually lacking in formal insolvency proceedings. Thus, an out-of-court workout can serve as a valuable mechanism to deal with a situation of financial distress, especially in the context of countries with inefficient insolvency systems and companies with concentrated …
Analyzing The Role Of Socio-Political And Cultural Factors In The Implementation Of Transitional Justice In Afghanistan From 2001-2021, Narwan Alawi, Tufail Ahmad Peerzada
Analyzing The Role Of Socio-Political And Cultural Factors In The Implementation Of Transitional Justice In Afghanistan From 2001-2021, Narwan Alawi, Tufail Ahmad Peerzada
Indonesian Journal of International Law
After the end of conflicts, countries generally try to prosecute the criminals who committed war crimes and violations of human rights during conflicts and civil wars to prevent the recurrence of such incidents. In some cases, special courts have been established to trial the perpetrators of these crimes. In post-2001 Afghanistan, as foreign forces led by the USA removed the Taliban from power and with the establishment of the Republic of Afghanistan, a new phase of transitional justice was anticipated. Although the Afghans initially hoped that justice would not be ignored, however, preference was given to establish peace, and the …
Applying Insights From The Enneagram Model Of Human Psychology To Enhance Neutrality And Success In Mediation, Inely Cassía Cesna
Applying Insights From The Enneagram Model Of Human Psychology To Enhance Neutrality And Success In Mediation, Inely Cassía Cesna
Pepperdine Dispute Resolution Law Journal
The ancient wisdom of the Enneagram illuminates the complexities of conflict, offering invaluable insights for mediators and individuals alike. Through various case studies and recommendations on practical applications, this Article illustrates how mediators can leverage Enneagram-based strategies to de-escalate conflict and facilitate constructive dialogues. By understanding the nine Enneagram Points, mediators can foster self-awareness, empathy, and communication among the disputing parties. Meanwhile, the Enneagram encourages mediators to self-reflect and address their own underlying emotions during the various mediation stages. Rather than a strict typological tool, the Enneagram’s inner lines, Wings, and Triadic Approaches allow mediators to easily recognize diverse responses …
Siac Rules 2025: A Critical Evaluation In The Indian Arbitration Context, Siyuan Chen, Chin Kye Joel Ko
Siac Rules 2025: A Critical Evaluation In The Indian Arbitration Context, Siyuan Chen, Chin Kye Joel Ko
Research Collection Yong Pung How School Of Law
No abstract provided.
Statutes And Special Interests, Kirsten Matoy Carlson
Statutes And Special Interests, Kirsten Matoy Carlson
Northwestern University Law Review
Who really decides what statutes say? Most Americans think that special interests play an outsized role in our lawmaking processes. Yet empirical studies have produced little evidence that special interests get everything, or even most of, what they ask for from Congress. This Article takes an innovative new approach to tackling the difficult question of how advocates influence legislation. It presents the first comprehensive empirical study of how advocates influence the law through amendments in the legislative process. The Article analyzes an original dataset of 2,137 witnesses and their testimony at referral hearings on 108 Indian-related bills in the 97th …
Managed Diversity Along The Legal Silk Road: The Asean-Asia Relationship In International Arbitration, Mark Mclaughlin
Managed Diversity Along The Legal Silk Road: The Asean-Asia Relationship In International Arbitration, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
Efforts to foster closer economic integration often focus on the alignment of standards with respect to goods and services. The harmonization of substantive regulations mitigates the inevitable friction caused by moving assets from one jurisdiction to another. In this chapter, it is argued that interna- tional arbitration plays a similar function in the Association of Southeast Asian Nations (ASEAN)-Asia relationship. By providing a neutral and reliable forum for dispute resolution, international arbitration helps manage legal diversity by creating a ‘Legal Silk Road’ on which commercial parties can engage with a familiar dispute resolution process without having to engage the local …
Massachusetts Community Mediation Center Grant Program Fiscal Year 2024 Report And Evaluation, Madhawa Palihapitiya, Karina Zeferino
Massachusetts Community Mediation Center Grant Program Fiscal Year 2024 Report And Evaluation, Madhawa Palihapitiya, Karina Zeferino
Massachusetts Office of Public Collaboration Publications
In FY2024, the Commonwealth allocated $3,213,465 to the CMC Grant Program, supplemented by $149,674 carried over from FY2023, for a total of $3,363,139. Of the total funding, $2,542,100 (76%) was awarded to Centers in grants and technical assistance, with Centers leveraging these funds to secure an additional $2,199,813 from private foundations and other state, local, and federal sponsors. These grants supported Centers’ participation in CMC Grant Program related statewide programs, including the Housing Mediation Program (HMP), Reentry Mediation Program (ReMAp), Youth Conflict Resolution and Restorative Practices Program (Youth Program), and DEI organizational capacity-building initiatives. These grants bolstered staffing infrastructure, enabling …
Healing Communities With Police Divestment: Seeking Abolition Through Transformative Reform And Community-Government Collaboration, Jessica E. Gillson
Healing Communities With Police Divestment: Seeking Abolition Through Transformative Reform And Community-Government Collaboration, Jessica E. Gillson
Undergraduate Honors Theses
Concerns about the efficacy and sustainability of the U.S. carceral system have persisted throughout the country’s history, recently fueling renewed activism and bipartisan calls for reform. However, proposed solutions remain divisive. This thesis first defines the current status of our prison systems, then explores collaborative alternatives to incarceration and policing that support communities and break cycles of incarceration.
Focusing on partnerships among local governments, community organizations, justice-involved individuals, and law enforcement, this study examines holistic approaches to crime prevention, reentry, and reintegration. Using an interdisciplinary framework incorporating restorative justice, community resilience, and systems theory, it investigates how community-based strategies can …
Digital Transformation Of The Maritime Labour Law : Srems Complaints & Claims Legal, Digital Solution, Case Study Of Morocco, Rida El Missaoui
Digital Transformation Of The Maritime Labour Law : Srems Complaints & Claims Legal, Digital Solution, Case Study Of Morocco, Rida El Missaoui
World Maritime University Dissertations
This Master’s dissertation investigates the strong need to reform and digitalize the mechanisms of monitoring and follow-up of the on-board compliance on seafarer’s rights and obligations through a legal-digital tool.
The Position Of The United States Of America Vis-A-Vis The Question Of Western Sahara: Assessing The Role Of Think Tanks In The Conflict, Hamid Baadeche
The Position Of The United States Of America Vis-A-Vis The Question Of Western Sahara: Assessing The Role Of Think Tanks In The Conflict, Hamid Baadeche
Graduate Theses, Dissertations, and Problem Reports (ETD)
ABSTRACT
The Position of the United States of America Vis-à-vis the Question of Western Sahara: Assessing the Role of Think Tanks in the Conflict
Hamid Baadeche
Think tank organizations, particularly in the United States, have become a prominent feature of the political landscape. They act as advocates for specific policies that they consider beneficial for the country or a particular societal group. They function as a primary source of information, which they then aim to transform into well-informed policies and sound decisions. They are referred to as "the revolving doors," "idea brokers," and "idea factory." As such, their foremost objective …
Equitable Obligations And Property In Choice Of Law, Tiong Min Yeo
Equitable Obligations And Property In Choice Of Law, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
This chapter argues against the unitary characterisation, for choice of law purposes, of equitable principlesas they apply to claims relating to property as either property or obligation, and that they should be characterised as property or obligation in accordance with the functions of the equitable principles in each instance.
An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978, John L.S. Daley Dr
An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978, John L.S. Daley Dr
KNEA 50th Anniversary
In 1973, the Kansas State College, Pittsburg administration fired thirteen faculty members without cause. In order to improve administration-faculty relations, remaining faculty organized, petitioned for recognition, and drafted PSU/KNEA's first contract with PSU/KBOR, which went into effect five years later. The narrative covering this period draws on Axe Library's KNEA Collection and interviews of former faculty.
The Limits Of Reliance On Reliance Damages? Case Comment: Liu Shu Ming And Another V Koh Chew Chee, Yu Jie Isabelle Lim
The Limits Of Reliance On Reliance Damages? Case Comment: Liu Shu Ming And Another V Koh Chew Chee, Yu Jie Isabelle Lim
Singapore Law Journal (Lexicon)
In Liu Shu Ming v Koh Chew Chee [2023] 1 SLR 1477 (“Liu Shu Ming (AD)”), the Court considered two questions on damages. These were, firstly, when a claimant would be able to claim reliance damages and secondly, whether a claimant would be able to claim reliance damages in the alternative to expectation damages. After considering these two issues, the Court seemingly expressed a preference for limiting claims for reliance damages to where it would be “impossible” or “extremely difficult” to prove expectation damages and not permitting claims for reliance damages in the alternative to expectation damages, or at the …
Re-Calibration Of Curial Intervention In Public Policy Challenges Against Arbitral Awards, Darius Chan, Elias Ngai Hum Khong
Re-Calibration Of Curial Intervention In Public Policy Challenges Against Arbitral Awards, Darius Chan, Elias Ngai Hum Khong
Research Collection Yong Pung How School Of Law
When an award debtor challenges an award on public policy grounds, usually the principle of finality prevails, and courts will consider the award debtor bound by the decision of the tribunal. However, because public policy has implications beyond the disputing parties themselves, some courts consider themselves justified in reviewing the award. There is therefore a tension between finality versus the court’s duty to stand as the guardian of public policy. Whether a review of an award should be allowed under this ground, and if so, the extent of permissible review, differs across various jurisdictions. For instance, common law authorities have …
Governance And Islam In East Africa: Muslims And The State In Kenya And Tanzania, Farouk Topan, Kai Kresse, Erin E. Stiles, Hassan Mwakimako
Governance And Islam In East Africa: Muslims And The State In Kenya And Tanzania, Farouk Topan, Kai Kresse, Erin E. Stiles, Hassan Mwakimako
Exploring Muslim Contexts
Explores the relationship between Muslim communities and the State in East Africa in political, institutional and legal contexts
- Focuses on the relationship between Muslims and the State in Kenya and Tanzania
- Asks which factors, both within and outside the Muslim community, shape and affect this relationship in contemporary times
- Presents 13 case studies exploring governance issues within and across the categories of politics, institutions and law in Kenya and Tanzania
- Identifies cross-cutting issues of governance and Muslim communities which are relevant beyond East Africa
Recent studies of Muslims in Kenya and Tanzania have tended either to examine governance of Muslims …
Application Of Singapore's New Rules On Service Out Of Jurisdiction: Three Arrows Capital And Nw Corp, Adeline Chong
Application Of Singapore's New Rules On Service Out Of Jurisdiction: Three Arrows Capital And Nw Corp, Adeline Chong
Research Collection Yong Pung How School Of Law
No abstract provided.
Multiple Proceedings And Abuse Of Procedure On Bri Disputes, Mariam Gotsiridze
Multiple Proceedings And Abuse Of Procedure On Bri Disputes, Mariam Gotsiridze
Research Collection Yong Pung How School Of Law
This article argues that specific mechanisms and best practices should be adopted by different players in the Belt and Road Initiative (BRI) dispute resolution ecosystem to mitigate the risks of multiple proceedings and abuse of procedure. Specifically, (i) states should enhance their multilateral and bilateral treaty practices; (ii) arbitral institutions should enhance their arbitral rules as well as cooperate with each other; and (iii) states should direct more efforts to dispute prevention and amicable dispute settlement. This article will explain what these best practices and mechanisms are.
Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp) Fy2023 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino
Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp) Fy2023 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino
Massachusetts Office of Public Collaboration Publications
The Massachusetts Housing Mediation Program (HMP) is a comprehensive statewide program that provides free housing mediation services as a tool to increase housing stability with the intention of preventing homelessness created by landlord-tenant disputes. It is administered by the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston and deploys the community mediation system infrastructure with 11 Community Mediation Centers (Centers) participating and serving all 14 counties of the Commonwealth to provide free conflict resolution services for tenants and landlords/property managers with housing disputes at any stage, from the earliest point a problem occurs, up to, and …
Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan
Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan
Singapore International Dispute Resolution Academy
Purpose: This paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China. Design/methodology/approach: Newspaper articles and books are examined as are relevant reports by various regulatory authorities and academic institutions. Findings: The effectiveness of legal mechanisms in the recovery of stolen assets may be affected by issues such as the difficulties in tracing illicit funds, the ambiguous nature of “value” as well as the rise in technology. Research limitations/implications: There are limited data available in relation to the prevalence of corrupt officials along the Belt and Road Initiative and …
Comparing Joint Session And Caucus Outcomes: Factoring In Substantive Discussions And Case Characteristics, Roselle L. Wissler, Art Hinshaw
Comparing Joint Session And Caucus Outcomes: Factoring In Substantive Discussions And Case Characteristics, Roselle L. Wissler, Art Hinshaw
Cardozo Journal of Conflict Resolution
Many of the traditional components of initial joint sessions occur less frequently today than they did historically and are more likely to take place during initial caucuses than during initial joint sessions. These changes in mediation practice lead to questions about whether initial joint sessions still provide the benefits historically attributed to them and whether initial caucuses now provide not only the benefits specifically ascribed to them but also the benefits typically associated with initial joint sessions. The presentArticle addresses these questions while taking into consideration differences in case and mediator characteristics as well as the extent of discussions in …
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …
Hague Service Convention Enters Into Force In Singapore, Adeline Chong
Hague Service Convention Enters Into Force In Singapore, Adeline Chong
Research Collection Yong Pung How School Of Law
Singapore acceded to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (‘Service Convention’) on 16 May 2023. It has now entered into force in Singapore on 1 December 2023. Two declarations were lodged: first, against Article 8(1) objecting to the direct service of judicial documents upon persons in Singapore through foreign diplomatic or consular agents unless the documents are to be served upon a national of the State from which the documents originate; and secondly, objecting to service of judicial and extrajudicial documents in Singapore by the methods of transmission set …