Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration Commons™

Open Access. Powered by Scholars. Published by Universities.®

University of Michigan Law School

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 121 - 150 of 218

Full-Text Articles in Dispute Resolution and Arbitration

Medieval Iceland And Modern Legal Scholarship, Richard A. Posner May 1992

Medieval Iceland And Modern Legal Scholarship, Richard A. Posner

Michigan Law Review

A Review of Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland by William Ian Miller

Go to article

Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek Jan 1992

Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek

Michigan Journal of International Law

This Note discusses issues the practitioner should consider in drafting a dispute resolution provision for a client investing in one of the newly democratizing countries. Part I will discuss arbitration law in Eastern Europe; the dispute resolution provisions in the various foreign investment laws; the applicable national law; and each nation's enforcement procedures for arbitral awards issued in other nations. Part II reviews the dispute resolution provisions in various bilateral and multilateral treaties relating to foreign investment including the Convention on the Settlement of Investment Disputes (ICSID Convention) and the informal agreements between the American Arbitration Association (AAA) and the …

Go to article

Less Law Than Meets The Eye, David D. Friedman Jan 1992

Less Law Than Meets The Eye, David D. Friedman

Michigan Law Review

A Review of Order Without Law: How Neighbors Settle Disputes by Robert C. Ellickson

Go to article

Harmony, Law, And Anthropology, Daniel H. Levine May 1991

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

Go to article

Drafting The Dispute Resolution Clause, Whitmore Gray Jan 1991

Drafting The Dispute Resolution Clause, Whitmore Gray

Book Chapters

Providing in a contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense, this is what a lawyer regularly does in contract drafting-anticipating misunderstandings or problems that experience has indicated are likely to arise, and trying to provide clear solutions in advance. When it comes to drafting a specific clause for the resolution of further disputes that may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on, or draw the other party's attention …

Go to article

Whither Arbitration?—Comments, Theodore J. St. Antoine Jan 1991

Whither Arbitration?—Comments, Theodore J. St. Antoine

Book Chapters

Exactly 30 years ago this month the Michigan Law Review published an article that evoked in me an emotion I must confess is the surest sign that I am in the presence of excellence-envy! The piece was entitled, "Past Practice and the Administration of Collective Bargaining Agreements." It was authored by the esteemed principal speaker at this session, and it came as close as anything I have ever read to deserving that much-overworked appellation, "definitive." It is always hazardous to try to predict the ultimate rating of a brand new vintage, but my first tasting of Dick Mittenthal's latest product …

Go to article

Strategy And Compliance With Bilateral Trade Dispute Settlement Agreements: Ustr's Section 301 Experience In The Pacific Basin, Michael P. Ryan Jan 1991

Strategy And Compliance With Bilateral Trade Dispute Settlement Agreements: Ustr's Section 301 Experience In The Pacific Basin, Michael P. Ryan

Michigan Journal of International Law

The paper is laid out in five parts. First, the conceptual linkages among strategy, goals, and agreement compliance are developed. Second, the study research design and findings are reported. Third, the strategy of trade dispute settlement negotiation is discussed with regard to bureaucratic politics. Fourth, case evidence that illustrates the key study findings is reviewed. Finally, effective monitoring and the notion of unilateral surveillance within the context of the present GATT-based, multilateral trading system are explored.

Go to article

Model Uniform Employment Termination Act, National Conference Of Commissioners On Uniform State Laws Jan 1991

Model Uniform Employment Termination Act, National Conference Of Commissioners On Uniform State Laws

Other Publications

The Scope and Program Committee, at its meeting on January 11-12, 1985, recommended to the Executive Committee that it appoint a Committee to draft a Uniform Wrongful Termination Act. The recommendation was based in part on studies indicating that recent judicial modifications in the doctrine of employment at will had created great uncertainty for both employers and employees. (That uncertainty has grown. See infra.) Members of the Scope and Program Committee stressed that uniformity would be desirable because employees might be hired in one state, work in another, and be fired in a third, and that the subject gave the …

Go to article

Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine Jan 1990

Afterword To Chicago-Kent Law Review, Theodore J. St. Antoine

Articles

A unifying theme of this Symposium is as old and enduring as the common law: when and how can a well-established, successful adjudicative institution be adapted to meet the demands of new and substantially different situations? There have been splendid triumphs of transference, such as Lord Mansfield's appropriation of the law merchant in the eighteenth century as a major building block of modem commercial law. There have also been embarrassing failures, like the abortive effort to transport American labor law concepts en masse into the alien British environment of the early 1970s. The common question confronting the participants in this …

Go to article

The Legal Framework Of Labor Arbitration In The Private Sector, Theodore J. St. Antoine Jan 1990

The Legal Framework Of Labor Arbitration In The Private Sector, Theodore J. St. Antoine

Other Publications

As indicated by Professor Morris's thorough historical survey, arbitration has gone almost the whole distance from being an outcast of the law to being a darling of the law. Arbitration-the use of impartial outsiders selected by private parties themselves to resolve a dispute between them-was regarded by the early common law judges as an attempt to usurp the courts' own function. For a long time in both England and America, the courts would generally not enforce an executory agreement to arbitrate. A judicial remedy would be available only if a party was refusing to comply with an award that had …

Go to article

A Primer On Power Balancing Under The National Labor Relations Act, James B. Zimarowski Oct 1989

A Primer On Power Balancing Under The National Labor Relations Act, James B. Zimarowski

University of Michigan Journal of Law Reform

The focus of this Article is twofold. First, it addresses the substantive power control mechanisms established and regulated by the National Labor Relations Board (Board) and the courts. Second, it examines the power balancing methodology embraced by these dispute resolution forums. This Article takes the position that power balancing analysis designed to achieve the NLRA's multidimensional policies is a more fruitful endeavor than the analysis of economic efficiency or a partisan approach subject to political considerations.

Go to article

Toward A Rational Scheme Of Interstate Water Compact Adjudication, Joseph W. Girardot Oct 1989

Toward A Rational Scheme Of Interstate Water Compact Adjudication, Joseph W. Girardot

University of Michigan Journal of Law Reform

This Note argues that the current method of resolving interstate water compact disputes is seriously flawed and that the current practice of invoking the Supreme Court's original jurisdiction to resolve these cases should be altered. This Note contends that the compact itself should contain structural dispute resolution procedures insisted upon by Congress before any grant of approval is given to the agreement. Part I of this Note examines the history of the compact clause of the Constitution and its application in interstate relations. Part II explores how a poorly drafted, yet fairly representative, water allocation compact led two states to …

Go to article

Dispute Resolution Between The General Motors Corporation And The United Automobile Workers, 1970-1982, Theodore J. St. Antoine Jan 1989

Dispute Resolution Between The General Motors Corporation And The United Automobile Workers, 1970-1982, Theodore J. St. Antoine

Book Chapters

At the end of 1982 the active membership of the United Automobile Workers stood at 1.25 million workers, belonging to about 1,600 local unions in the United States and Canada. There were 1.14 million Americans and 115,000 Canadians. Women accounted for 170,000 memberships in the two countries. A fifth or more of the total may have been retired members. The UAW ranks as the largest manufacturing union, ahead of the United Steelworkers, but behind three unions representing truckers, school teachers, and retail employees. Substantially all the blue-collar workers in the domestic auto industry have been organized, the vast majority by …

Go to article

Conflict Resolution In Industrial Relations, Theodore J. St. Antoine Jan 1989

Conflict Resolution In Industrial Relations, Theodore J. St. Antoine

Book Chapters

Only about one-fifth of the American labor force is unionized. With certain important exceptions, therefore, no formal machinery exists to resolve the various disputes that arise between a majority of the country's workers and their employers. The exception, which will not be treated in detail in this study, relate to (1) the right to organize into unions, which has been protected in most of the private sector since 1935 by the National Labor Relations Act and in the public sector since the 1960s by federal law and regulation covering U.S. Government employees and by statutes in about thirty states covering …

Go to article

Cultural Neutrality: A Prerequisite To Arbitral Justice, Giorgio Bernini Jan 1989

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 …

Go to article

The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick Jan 1989

The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick

Michigan Journal of International Law

As the concept of a unified European market becomes more of a reality as we approach 1992, talk of a "Fortress Europe" has heightened sensitivity on trade issues among officials of the United States and the European Community ("EC"). The EC's plan to ban the sale of meat treated with growth hormones within the Member-States has presented a trade issue disconcerting to both sides. This brewing tempest has raised many interesting legal issues involving the dispute settlement provisions set out in the Agreement on Technical Barriers to Trade ("Standards Code"). This note examines why the process failed to resolve, and …

Go to article

The Settlement Of Disputes In Early Medieval Europe, David A. Westrup May 1988

The Settlement Of Disputes In Early Medieval Europe, David A. Westrup

Michigan Law Review

A Review of The Settlement of Disputes in Early Medieval Europe Edited by Wendy Davies and Paul Fouracre

Go to article

Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine Jan 1988

Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine

Articles

proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.

Go to article

Shadow Justice: The Ideology And Institutionalization Of Alternatives To Court, Andrew J. Mcguinness May 1987

Shadow Justice: The Ideology And Institutionalization Of Alternatives To Court, Andrew J. Mcguinness

Michigan Law Review

A Review of Shadow Justice: The Ideology and Institutionalization of Alternatives to Court by Christine B. Harrington

Go to article

Mediation In Debtor/Creditor Relationships, Edward A. Morse Jan 1987

Mediation In Debtor/Creditor Relationships, Edward A. Morse

University of Michigan Journal of Law Reform

Two states that have substantial interests in agricultural debtor/creditor relationships have attempted to limit the social and economic costs of prematurely terminating the debtor/creditor relationship. Iowa and Minnesota have adopted a statutory requirement that the creditor offer to submit to mediation prior to taking any debt collection action against an agricultural borrower. This Note argues that requiring creditors to offer mediation as a statutory prerequisite to debt collection is an effective means of reducing the social and economic costs of the premature termination of a debtor/creditor relationship in business contexts. Part I examines the conceptual foundations of the mediation process …

Go to article

Mediation: A Comprehensive Guide To Resolving Conflicts Without Litigation, Nancy T. Gardner Apr 1986

Mediation: A Comprehensive Guide To Resolving Conflicts Without Litigation, Nancy T. Gardner

Michigan Law Review

A Review of Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation by Jay Folberg and Alison Taylor

Go to article

Divorce Bargaining: The Limits On Private Ordering, Robert H. Mnookin Jun 1985

Divorce Bargaining: The Limits On Private Ordering, Robert H. Mnookin

University of Michigan Journal of Law Reform

In an article published in the Yale Law Journal, I suggested an alternative perspective for family law scholars concerned with divorce. It emphasized negotiation, not adjudication; private ordering, not regulation. This change in emphasis seemed timely, if not overdue. Available evidence has long shown that the overwhelming majority of divorcing couples resolve the distributional questions concerning marital property, alimony, child support, and custody without bringing any contested issue to court for adjudication. Therefore, the primary impact of the legal system falls not on the small number of contested cases, but instead on the far greater number of divorcing couples …

Go to article

Their Litigious Society, A.W. Brian Simpson Feb 1985

Their Litigious Society, A.W. Brian Simpson

Michigan Law Review

A Review of The Whilton Dispute, 1264-1380: A Social-Legal Study of Dispute Settlement in Medieval England by Robert C. Palmer

Go to article

Review Of Njáls Saga: Rechtsproblematik Im Dienste Soziokultureller Deutung, William I. Miller Jan 1985

Review Of Njáls Saga: Rechtsproblematik Im Dienste Soziokultureller Deutung, William I. Miller

Reviews

There is little recommend this book. It is ill-conceived and poorly executed. The author's thesis is that the saga-writer intentionally distorted and varied his presentation of the law of the lawbooks in order to show a society being destroyed by uncontrolled egoism, pride, and envy, a society characterized by willful arbitrariness, disorder, and disarray, with few rules to respect and little respect for the few rules that were there. The validity of the thesis is never really tested because the law which the saga-writer distorts is not even minimally established, nor for that matter is the law the saga-writer does …

Go to article

Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson Jan 1985

Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson

University of Michigan Journal of Law Reform

In this essay I analyze some of the emotional events that occur during mediation and negotiation; the analysis may help us understand many of the problems that arise during the development and application of these legal practice skills. Following the analysis I present a few suggestions about how this teaching might best be accomplished.

Go to article

The Two-Way Mirror: International Arbitration As Comparative Procedure, Andreas F. Lowenfeld Jan 1985

The Two-Way Mirror: International Arbitration As Comparative Procedure, Andreas F. Lowenfeld

Michigan Journal of International Law

In particular, by focusing on selected aspects of the international procedure of international arbitration, as well as on different approaches to the problem of choosing the source of the law to be applied, the author hopes to give the outsider some feeling for the process, and some perception of how international arbitration is different both from domestic arbitration and from litigation in national courts. The author has an additional purpose, as well, however, though: to be sure not to sound too pretentious about it. Focusing on the record, on discovery, on examination of witnesses, and on choosing a choice of …

Go to article

Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon Jan 1985

Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon

University of Michigan Journal of Law Reform

A rule of ethics like the one proposed in this Note takes a step toward this goal. Part I explores the general nature of unethical settlement negotiation, and the inadequate responses offered by both the American Bar Association Model Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct. Part II presents a theory for recognizing private settlement negotiation as a substantive component of the adjudicatory process, deserving of all the ethical protections afforded forensic litigation. Part III evaluates certain proposals for reform and responds to various criticisms commonly leveled against efforts to regulate private negotiation …

Go to article

The Pros And Cons Of Getting To Yes, James J. White Jan 1984

The Pros And Cons Of Getting To Yes, James J. White

Reviews

Getting to YES is a puzzling book. On the one hand it offers a forceful and persuasive criticism of much traditional negotiating behavior. It suggests a variety of negotiating techniques that are both clever and likely to facilitate effective negotiation. On the other hand, the authors seem to deny the existence of a significant part of the negotiation process, and to oversimplify or explain away many of the most troublesome problems inherent in the art and practice of negotiation. The book is frequently naive, occasionally self-righteous, but often helpful.

Go to article

Drafting The Arbitration Clause, Whitmore Gray Jan 1984

Drafting The Arbitration Clause, Whitmore Gray

Book Chapters

Providing in the contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense this is what he or she is doing in general in contract drafting--anticipating misunderstandings or problems which experience indicates are likely to arise, and trying to provide clear answers in advance. When it comes to drafting a specific clause for the resolution of further disputes which may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on or draw the other …

Go to article

Arbitration Procedures, Theodore J. St. Antoine Jan 1983

Arbitration Procedures, Theodore J. St. Antoine

Book Chapters

I am in the uncomfortable position of being the primary expositor on a subject that I think is very much a matter of discretion in most cases, that is, how an arbitrator handles a hearing. One of the common characteristics I have detected among arbitrators is their apparent certitude on a disputed issue, even though they may disagree violently with other experienced arbitrators. Some of them will say that whatever internal anguish or difficulty an arbitrator has in coming to a decision, he should never display that to the parties. I myself cannot accept that advice simply because I am …

Go to article

First Prev Next Last