Dispute Resolution and Arbitration Commons^™

Summary Of In The Matter Of The Estate Of John W. Bowlds, 120 Nev. Adv. Rep. 100, Kristen T. Gallagher

Nevada Supreme Court Summaries

An appeal from both parties regarding a court’s review of fee agreements between an estate and its attorneys.

Summary Of State V. Sutton, 120 Nev. Adv. Rep. 99, Kristen T. Gallagher

Nevada Supreme Court Summaries

Appeal from a final judgment from a breach of contract and breach of the implied covenant of good faith and fair dealing in an employment law case.

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

The Lawyer's Role(S) In Deliberative Democracy, Carrie Menkel-Meadow

Nevada Law Journal

No abstract provided.

A Plumber Responds To The Philosophers: A Comment On Professor Menkel-Meadow's Essay On Deliberative Democracy, Philip J. Harter

Nevada Law Journal

No abstract provided.

Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse

Nevada Law Journal

No abstract provided.

Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbie Mcadoo, Nancy A. Welsh

Nevada Law Journal

No abstract provided.

Lawyers, Democracy And Dispute Resolution: The Declining Influence Of Lawyer-Statesmen Politicians And Lawyerly Values, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu

LLM Theses and Essays

Arbitration is an effective way to solve disputes, through which parties from different countries can be partially free from anyone’s local jurisdiction. However, the recognition and enforcement of international arbitration awards still rely on the national court system. Since China opened its door to the world, more and more commercial disputes have been settled through arbitration. However, many foreign investors and writers have complained about the defects in the recognition and enforcement of arbitration awards in China. This paper will look into the causes of these defects in, and try to find ways to resolve the defects.

Summary Of United Insurance Company Of America Vs. Chapman, 120 Nev. Adv. Rep. 83, Ryan Hall

Nevada Supreme Court Summaries

The Nevada Supreme Court ruled that the prejudgment interest awarded to Chapman should have been calculated pursuant to the specific interest statute, rather than the general interest statute, because the special interest statute was in effect when the judgment was entered. The district court had erred by awarding the attorney fees to Chapman, because United’s claim was brought on reasonable ground. The award of postjudgment interest awarded to Chapman was also reversed.

Summary Of Middleton Vs. Warden, 120 Nev. Adv. Rep. 74, Ryan Hall

Nevada Supreme Court Summaries

The Nevada Supreme Court removed Middleton’s appointed appellate counsel due to substandard representation. On initial review, the Nevada Supreme Court ordered Middleton's counsel to submit an amended brief, limited to 80 pages. Counsel's "amended" brief was simply the original brief with the final few pages removed so as to meet the 80-page requirement. Counsel had repeatedly violated court orders, and the work product he ultimately submitted was unacceptable for representation of a client who was facing a death sentence.

A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck

Scholarly Articles in Law Reviews & Journals

In the past decade, the number of small, entrepreneurial businesses participating in the global economy has tripled. With this increase comes a rise in the number of cross-border commercial disputes. The unwary small business, not familiar with international transactions, may commit errors that adversely affect their ability to do and stay in business. This article focuses on analyzing which methods small businesses should use in constructing their dispute resolution provisions and how to avoid errors in drafting and negotiation.

Current Issues In The Enforcement Of International Arbitration Awards, Joseph E. Neuhaus

University of Miami Inter-American Law Review

No abstract provided.

The Recent Wave Of Arbitrations Against Argentina Under Bilateral Investment Treaties: Background And Principal Legal Issues, Paolo Di Rosa

University of Miami Inter-American Law Review

No abstract provided.

Clash And Convergence On Ethical Issues In International Arbitration, John M. Townsend

University of Miami Inter-American Law Review

No abstract provided.

Refreshing Contractual Analysis Of Adr Agreements By Curing Bipolar Avoidance Of Modern Common Law, Amy J. Schmitz

Faculty Publications

Law governing enforcement of ADR agreement not governed by the Federal Arbitration Act (FAA) has been uncertain, and often aimless. This Article therefore calls for clarification of this law, through development of a modern contractual approach for enforcing these non-FAA ADR procedures. Although courts may look to the FAA as a resource for evaluating and developing an enforcement approach, they also should employ modern contract and remedy tools that are more adaptive than the Act's summary enforcement because it allow courts to consider contextual, relational, and equitable factors when determining application of specific enforcement remedies. This allows courts to apply …

The Voice Of China: A Story Of Chinese-Character Domain Names, Hong Xue

Cardozo Journal of International and Comparative Law

The article examines China's efforts to manage and regulate domain names, particularly Chinese character domain names, both domestically and internationally. It highlights the evolution of China's regulatory framework, from academic management to governmental oversight, and its active participation in international policymaking through organizations like ICANN. The core argument revolves around the technical, policy, and sovereignty challenges China faces in integrating its domain name system into the global Internet infrastructure while maintaining national control and promoting inclusivity.

The Origins Of Cctld Policymaking, Peter K. Yu

Cardozo Journal of International and Comparative Law

The article explores the evolution of country-code top-level domain (ccTLD) policymaking, tracing its transition from an informal, ad hoc system managed by individuals like Jon Postel to a formalized, international governance structure under the Internet Corporation for Assigned Names and Numbers (ICANN). It highlights the power struggles between various stakeholders, including national governments, ICANN, and the Internet Assigned Numbers Authority (IANA), and discusses the implications for global internet governance.

Whither The Udrp: Autonomous, Americanized, Or Cosmopolitan?, Laurence R. Helfer

Cardozo Journal of International and Comparative Law

The article explores the future trajectory of the Uniform Dispute Resolution Policy (UDRP), outlining three potential evolutionary pathways: an autonomous UDRP distinct from national laws, an Americanized UDRP aligned with U.S. legal frameworks, or a cosmopolitan UDRP influenced by diverse national laws. Each pathway has significant implications for the UDRP's role in resolving domain name disputes globally.

The Icann Experiment, Susan P. Crawford

Cardozo Journal of International and Comparative Law

The article argues that the Internet Corporation for Assigned Names and Numbers (ICANN) derives its legitimacy primarily through a consensus-based governance model, rather than democratic or Administrative Procedure Act (APA)-style frameworks. While ICANN’s consensus model is imperfect and faces challenges such as holdouts and centralized decision-making tendencies, it remains the most viable approach for ensuring accountability, transparency, and global acceptance in internet governance. The article emphasizes that ICANN’s legitimacy depends on demonstrated consensus, as seen in its history, particularly in the development of the Uniform Dispute Resolution Policy (UDRP). It warns that shifting away from consensus toward centralized decision-making risks …

Theories Of Cyber-Sociology: Communicating Culture Through Codes, Erica Schlesinger Wass

Cardozo Journal of International and Comparative Law

The article explores the cultural and social significance of country code top-level domains (ccTLDs), arguing that they extend beyond technical identifiers to reflect national identity, values, and priorities. By examining the history, structure, and policies of ccTLDs, the author illustrates how these domains serve as tools for communication, cultural expression, and social change, influenced by a nation's unique history and societal norms.

Toward A Contractual Approach To Arbitral Immunity, Peter B. Rutledge

Scholarly Works

This Article breaks from conventional wisdom in both case law and scholarship. It proposes a simple but novel thesis: Arbitrators and arbitral institutions, in cases of voluntary submission of disputes, should not be entitled to any form of legal immunity. Instead, any limit on or waiver of the arbitrator's or institution's liability should come in the form of a contractual release-either adopted in the parties' arbitration agreement or negotiated between the parties and the arbitrator.

Central to this thesis is a distinction between two types of immunity. The first form of immunity is “contractual immunity.” The hallmark of contractual immunity …

The Impact Of The Impact Bias On Negotiation, Chris Guthrie, David Sally

Vanderbilt Law School Faculty Publications

The theory of principled or problem-solving negotiation assumes that negotiators are able to identify their interests (or what they really want) in a negotiation. Recent research on effective forecasting calls this assumption into question. In this paper, which will appear in a forthcoming symposium issue of the Marquette Law Review devoted to the Emerging Interdisciplinary Canon of Negotiation, we explore the impact of this research on negotiation and lawyering.

Understanding Settlement In Damages (And Beyond), Chris Guthrie

Vanderbilt Law School Faculty Publications

For all of the ways in which the Sabia case is extraordinary, its outcome--settlement--is decidedly ordinary. In most civil litigation, as in the Sabias' litigation against Dr. Maryellen Humes and Norwalk Hospital, "[s]ettlement is where the action is." Roughly two-thirds of all cases settle (and most of the rest are resolved through motions). Why do most cases settle? Given the costs, delay, and unpleasantness of the litigation process, why do any cases go to trial? To address these questions--that is, to explain why most cases settle as well as why some cases "fail" to settle and result in trial--legal academics …

The Ethics Of The Adversary System, Greg S. Sergienko

ExpressO

This article considers many commonly advanced criticisms of the adversary system. It provides an analytic framework that includes the likely results of changed ethical rules and that distinguishes and analyzes separately two different possible goals of the system, seeking the truth and promoting justice. The article is also unusual in the range of supporting materials that it synthesizes, which includes contributions from economic theory, psychological studies, philosophy, and traditional legal ethics.

The article concludes that changes in ethical codes meant to increase lawyers' duty to promote the truth will have a perverse result, decreasing the accuracy of litigation. This will …

Summary Of Bohlmann V. Printz, 120 Nev. Adv. Rep. 62, Z. Ryan Pahnke

Nevada Supreme Court Summaries

No abstract provided.

Abuse, Neglect And Dependency Cases In Juvenile Court, Kelly Browe Olson

Law Faculty Scholarship

No abstract provided.

Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy

ExpressO

ABSTRACT: This article examines the dispute concerning the meaning of Good Faith in the CISG. Although there are good reasons for arguing a more limited interpretation or more limited application of Good Faith, there are also good reasons for a broader approach. Regardless of the correct interpretation, however, practitioners and academics need to have a sense of where the actual jurisprudence is going. This article reviews every published case on Article 7 since its inception and concludes that while there is little to suggest a strong pattern is developing, a guided pattern while incorrect doctrinally is preferable to the current …

Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff

ExpressO

The United States’ occupational safety and health enforcement system is breaking down. Klaff argues that much of this breakdown has to do with a fundamental lack of worker participation in the United States’ safety and health system. Klaff makes his case by comparing and contrasting the history and enforcement schemes of the United States, Canada, and Sweden. After arguing for economic rights as human rights, Klaff concludes by offering a set of recommendations for the United States’ occupational safety and health system based upon his value-centered analysis.