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Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
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Articles 31 - 50 of 50
Full-Text Articles in Dispute Resolution and Arbitration
Adr Ethics, Scott R. Peppet
Action Science And Negotiation, Michael Moffitt, Scott R. Peppet
Action Science And Negotiation, Michael Moffitt, Scott R. Peppet
Publications
No abstract provided.
Transactional Mediation: Using Mediators In Deals, Scott Peppet
Transactional Mediation: Using Mediators In Deals, Scott Peppet
Publications
This article addresses whether third-party mediators could be helpful in deal-making, just as they are in resolving disputes. It makes a theoretical case for such use of mediators and presents preliminary evidence that transactional mediation already is taking place.
Contractarian Economics And Mediation Ethics: The Case For Customizing Neutrality Through Contingent Fee Mediation, Scott R. Peppet
Contractarian Economics And Mediation Ethics: The Case For Customizing Neutrality Through Contingent Fee Mediation, Scott R. Peppet
Publications
No abstract provided.
Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet
Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet
Publications
No abstract provided.
The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy
The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy
Publications
No abstract provided.
Reasons Within Passions: Emotions And Intentions In Property Rights Bargaining, Peter H. Huang
Reasons Within Passions: Emotions And Intentions In Property Rights Bargaining, Peter H. Huang
Publications
This article discusses the role of emotions (or feelings or affects) in property rights bargaining. Real world people choose bargaining strategies based upon not only rational calculations, but also their gut feelings. This article considers the impact of anger and shame on bargaining over property rights and the Coase theorem. Such emotions may depend on beliefs (expectations or assessments) about whether particular strategic decisions should or will occur. Such beliefs can be viewed as attributions over the intentions of others.
Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy
Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy
Publications
No abstract provided.
The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy
The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy
Publications
No abstract provided.
Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson
Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson
Publications
No abstract provided.
Book Review, S. James Anaya
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches
Publications
Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …
Can Buckley Clear Customs?, Harold H. Bruff
Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff
Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff
Publications
No abstract provided.
Management And Marketing Of Indian Water: From Conflict To Pragmatism, David H. Getches
Management And Marketing Of Indian Water: From Conflict To Pragmatism, David H. Getches
Publications
No abstract provided.
Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun
Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun
Publications
No abstract provided.
Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson
Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson
Publications
No abstract provided.
Perspectives On Water And Energy In The American West And In Indian Country, Charles F. Wilkinson
Perspectives On Water And Energy In The American West And In Indian Country, Charles F. Wilkinson
Publications
No abstract provided.
The Adversary Model Is Bent, William T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr.
The Adversary Model Is Bent, William T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr.
Publications
No abstract provided.
The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes
The Consent Decree In Antitrust Enforcement--Analysis And Criticism, J. Dennis Hynes
Publications
No abstract provided.