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

Dispute Resolution and Arbitration Commons

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

Articles 1 - 4 of 4

Full-Text Articles in Dispute Resolution and Arbitration

Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin Feb 2001

Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin

All Faculty Scholarship

No abstract provided.


El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán Jan 2001

El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.


On Trademarks, Domain Names, And Internal Auctions, Gideon Parchomovsky Jan 2001

On Trademarks, Domain Names, And Internal Auctions, Gideon Parchomovsky

All Faculty Scholarship

No abstract provided.


Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese Jan 2001

Assessing The Advocacy Of Negotiated Rulemaking: A Response To Philip Harter, Cary Coglianese

All Faculty Scholarship

For many years, advocates of negotiated rulemaking have advanced enthusiastic claims about how negotiated rulemaking would reduce litigation and shorten the rulemaking process. In an earlier study, I tested these claims systematically by assessing the effectiveness of negotiated rulemaking against existing rulemaking processes. I found that negotiated rulemaking neither saves time nor reduces litigation. Recently, Philip Harter, a longtime advocate of negotiated rulemaking, has criticized my study and asserted that negotiated rulemaking has succeeded remarkably in achieving its goals. Harter criticized the way I measured the length of the rulemaking process, claimed that I failed to appreciate differences in litigation, …