Dispute Resolution and Arbitration Commons^™

The Use Of Alternative Dispute Resolution In Natural Resource Damage Assessments, Sarah L. Inderbitzin, Nicholas Targ, James L. Byrnes, Bruce A. Johnson

William & Mary Environmental Law and Policy Review

No abstract provided.

International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg

LLM Theses and Essays

Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …

Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman

Articles

The Alternative Dispute Resolution Section of the Association of American Law Schools presented a program, at a 1995 AALS Conference, on current ethical issues that arise in mediation and how these issues should be addressed by the standards of professional conduct. The panel for the program was composed of leading mediation scholars and practitioners from throughout the country. The program was organized by Professor Edward Sherman who also acted as the panel moderator and provided the following introduction.

International Environmental Dispute Resolution: The Dispute Between Slovakia And Hungary Concerning Construction Of The Gabcikovo And Nagymaros Dams, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins

Cardozo Law Review

The government does not speak a unitary voice in court. The exercise of independent litigating authority by governmental entities connotes the absence of White House authority and, with it, disunity in interpretation. Sometimes Congress encourages such disunity through statutory grants of independent litigating authority. Sometimes the executive accommodates the desires of governmental entities to speak their own voice in particular cases. At other times the executive acknowledges an implicit claim of right for an independent agency or governmental corporation to control its litigation.

Consumer Redress Through Alternative Dispute Resolution And Small Claims Court: Theory And Practice, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

There are significant difficulties in providing consumers with redress because dispute resolution costs are high relative to the sums being sought. Consumers also manifest a reluctance to enter legal processes for other reasons. This prompted the creation of user-friendly small claims courts and encouraged the discussion and sometimes the use of non-judicial, alternative dispute resolution forums for addressing consumer redress. This paper explores the theoretical and practical distinction between these two types of dispute resolution forums. The practical differences are examined on the basis of observation of both types of forums and discussions with practitioners of alternative dispute resolution.

The …

Tolerance: The Bridge Between Religious Liberty And Privacy, David Rudenstine

Cardozo Law Review

No abstract provided.

Critical Theory And Postmodernism: On The Interplay Of Ethics, Aesthetics, And Utopia In Critical Theory, Seyla Benhabib

Cardozo Law Review

No abstract provided.

Book Review Of Legal Negotiation: Theory And Applications, John S. Murray

Journal of Legal Education

No abstract provided.

Client-Centered Counseling: Reappraisal And Refinement, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Autonomy Of Law And The Origins Of The Legal Profession, Bruce W. Frier

Cardozo Law Review

No abstract provided.

Law Thinking Itself: The Idealism Of International Law, Harry Brod

Cardozo Law Review

No abstract provided.

Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Negotiated Rulemaking And Administrative Law, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Negotiated Rulemaking Before Federal Agencies: Evaluation Of Recommendations By The Administrative Conference Of The United States, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer

Cardozo Law Review

No abstract provided.

And The Whole Earth Was Of One Language: A Broad View Of Dispute Resolution, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes

Cardozo Law Review

No abstract provided.

Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye

Cardozo Law Review

No abstract provided.

Enforceability Of Agreements To Arbitrate: An Examination Of The Public Policy Defense, Stewart E. Sterk

Cardozo Law Review

No abstract provided.