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Full-Text Articles in Dispute Resolution and Arbitration

Agenda: Groundwater In The West, University Of Colorado Boulder. Natural Resources Law Center Jun 2004

Agenda: Groundwater In The West, University Of Colorado Boulder. Natural Resources Law Center

Groundwater in the West (Summer Conference, June 16-18)

Conference moderators and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., Douglas S. Kenney, Jim Martin and Kathryn M. Mutz.

The Colorado Law Natural Resources Law Center celebrated its 25th Annual Summer Conference by exploring one of the most important natural resources of the 21st century: groundwater. Titled "Groundwater in the West," the conference was held June 16-18 at the Fleming Law Building on the University of Colorado at Boulder campus. Participants discussed law, policy, and management of groundwater in the West. "As demands on surface water increase and drought seems more the norm than …


Contributions From The Social Sciences, Howard Gadlin Mar 2004

Contributions From The Social Sciences, Howard Gadlin

Journal of Legal Education

No abstract provided.


The Pervasiveness Of Culture In Conflict, Pat K. Chew Mar 2004

The Pervasiveness Of Culture In Conflict, Pat K. Chew

Journal of Legal Education

No abstract provided.


Some Concluding Thoughts, Frank E. A Sander Mar 2004

Some Concluding Thoughts, Frank E. A Sander

Journal of Legal Education

No abstract provided.


Insights From Cognitive Psychology, Chris Guthrie Mar 2004

Insights From Cognitive Psychology, Chris Guthrie

Journal of Legal Education

No abstract provided.


From Legal Disputes To Conflict Resolution And Human Problem Solving: Legal Dispute Resolution In A Multidisciplinary Context, Carrie Menkel-Meadow Mar 2004

From Legal Disputes To Conflict Resolution And Human Problem Solving: Legal Dispute Resolution In A Multidisciplinary Context, Carrie Menkel-Meadow

Journal of Legal Education

No abstract provided.


Insights From Economics, Jennifer Gerarda Brown Mar 2004

Insights From Economics, Jennifer Gerarda Brown

Journal of Legal Education

No abstract provided.


Mindfulness: Foundational Training For Dispute Resolution, Leonard L. Riskin Mar 2004

Mindfulness: Foundational Training For Dispute Resolution, Leonard L. Riskin

Journal of Legal Education

No abstract provided.


Remembering The Role Of Justice In Resolution: Insights From Procedural And Social Justice Theories, Nancy A. Welsh Mar 2004

Remembering The Role Of Justice In Resolution: Insights From Procedural And Social Justice Theories, Nancy A. Welsh

Journal of Legal Education

No abstract provided.


Private Lands Conservation In Belize, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In Belize, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

49 p. : map ; 28 cm


Private Lands Conservation In Papua New Guinea, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In Papua New Guinea, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

35 p. ; 28 cm


Private Lands Conservation In The British Virgin Islands, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In The British Virgin Islands, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

46 p. ; 28 cm


Private Lands Conservation In The Dominican Republic, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In The Dominican Republic, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

56 p. ; 28 cm


Private Lands Conservation In Puerto Rico, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In Puerto Rico, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

41 p. ; 28 cm


Private Lands Conservation In The Commonwealth Of The Northern Mariana Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In The Commonwealth Of The Northern Mariana Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

68 p. ; 28 cm


Private Lands Conservation In The Bahamas, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In The Bahamas, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

59 p. ; 28 cm


Private Lands Conservation In Palau, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In Palau, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

1, 37 leaves ; 28 cm


Private Lands Conservation In The Federated States Of Micronesia, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In The Federated States Of Micronesia, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

74 p. ; 28 cm


Private Lands Conservation In The Solomon Islands, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In The Solomon Islands, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

69 p. ; 28 cm


Private Lands Conservation In St. Vincent And The Grenadines, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In St. Vincent And The Grenadines, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

56 p. ; 28 cm


Procedural Justice, Lawrence B. Solum Jan 2004

Procedural Justice, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This article begins in part I, Introduction, with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits?

The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question--what is procedure?--is the most difficult and requires an extensive …


Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman Dec 2003

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman

Rutgers Law School (Newark) Faculty Papers

In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …


Real Options In Law: (Possibly, Frivolous) Litigation And Other Applications, Peter H. Huang Aug 2003

Real Options In Law: (Possibly, Frivolous) Litigation And Other Applications, Peter H. Huang

ExpressO

This Article advances the thesis that real options are not only ubiquitous in law, but also provide novel insights about legal decision making, doctrines and rules. An introduction provides a brief a primer about financial options, real options, and real options in law. Part I of this Article develops implications of the fact that every lawsuit contains a sequence of real options for the plaintiff to unilaterally abandon that lawsuit. Part II of this Article appraises the limitations of game-theoretic analysis of the abandonment options embedded in litigation and some responses to such limitations. Part III of this Article illustrates …


Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation Jun 2003

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 Jun 2003

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.


The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang Aug 2002

The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang

Research Collection School Of Economics

This paper attempts to study the usage of the GATT/WTO dispute settlement mechanism and to explain its patterns across different regimes and decades, using a unified theoretical model. This study first explores the role of the degree of legal controversy over a panel ruling in determining countries’ incentives to block/appeal a panel report under the GATT/WTO regime. The model is able to explain the surge in blocking incidence during the 1980s over the preceding GATT years and the immense frequency at which the new appellate procedure under the WTO is invoked. Furthermore, a two-sided asymmetric information framework is used to …


Alternatives To Economic Sanctions, Christine M. Chinkin Jan 2002

Alternatives To Economic Sanctions, Christine M. Chinkin

Book Chapters

Considering the merits of non-coercive alternatives to economic sanctions inevitably risks the charges of idealism and naIvete. However a number of speakers in this conference have raised considerable doubts about the efficacy of sanctions: even on their own terms sanctions rarely work and the material costs to non-targeted states and the implications for human rights make their justification problematic, even when they can in some sense be said to have worked. It therefore makes sense at least to give consideration to some non- coercive alternatives, either in conjunction with sanctioning policies or separate from them. The other alternative is the …


Engaging Communication In Conflict : Systemic Practice By Stephen W Littlejohn And Kathy Domenici, Sage Publications, 2000., Ganesh T Jejurikar Dec 2001

Engaging Communication In Conflict : Systemic Practice By Stephen W Littlejohn And Kathy Domenici, Sage Publications, 2000., Ganesh T Jejurikar

IIMB Management Review

The book is well structured and flows smoothly from Part I to Part IV spread over eight chapters. It contains theory, conceptualisation, metaphors, methodology and live examples without jargon and motherhood statements. The beauty of the book is in its simplicity and brevity. The authors opine that “conflicts can be made and abandoned, occupied for a time and reshaped, renewed, refurbished andrebuilt.” Though the authors comment in the preface that, “Human beings have trouble managing the very difference that makes them human,” the book is full of optimism and conveys confidence and trust in the inherent strength of human beings …


From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander Apr 2001

From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this article I will outline the development of modern mediation in Sri Lanka. I use the term mediation to mean facilitative mediation. Accordingly, for the purposes of this article, mediation does not include processes such as conciliation or evaluative mediation, which are used in Sri Lanka, for example in industrial dispute resolution practice.


From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander Apr 2001

From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this article I will outline the development of modern mediation in Sri Lanka. I use the term mediation to mean facilitative mediation. Accordingly, for the purposes of this article, mediation does not include processes such as conciliation or evaluative mediation, which are used in Sri Lanka, for example in industrial dispute resolution practice.