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Articles 5071 - 5100 of 7746

Full-Text Articles in Dispute Resolution and Arbitration

A Constitutional "Right" To Deny And Promote Genocide? Preempting The Usurpation Of Human Rights Discourse Towards Incitement From A Canadian Perspective, Karen Eltis Jan 2008

A Constitutional "Right" To Deny And Promote Genocide? Preempting The Usurpation Of Human Rights Discourse Towards Incitement From A Canadian Perspective, Karen Eltis

Cardozo Journal of Conflict Resolution

I would like to thank the organizers of the conference, particularly Sheri Rosenberg, for their gracious invitation to speak to what is undoubtedly one of the most pressing themes commanding our attention - genocide and its denial. This is a time when historical truth struggles to endure in the face of insidious attacks at times couched in human rights rhetoric.

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Taking Denial Seriously: Genocide Denial And Freedom Of Speech In French Law, Sévane Garibian Jan 2008

Taking Denial Seriously: Genocide Denial And Freedom Of Speech In French Law, Sévane Garibian

Cardozo Journal of Conflict Resolution

The French National Assembly's adoption of a bill penalizing the denial of the Armenian genocide (October 12, 2006), later followed by the German plan to outlaw genocide denial throughout European Union, stoked the vigorous French debate on the connection between genocide denial and law and, more generally, between history and law. The main criticism expressed by the detractors of laws against negationism - in particular historians - is the following: penalization of denial constitutes a violation of freedom of expression and, as such, represents a threat to democracy.

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The Mediation Of Securities Class Action Suits, Jed D. Melnick, Daniel Weinstein, Michael Young, Mary Jo Barry, Max Berger, Michael Goodstein, Gregory Markel, Samuel H. Rudman, Alan Salpeter Jan 2008

The Mediation Of Securities Class Action Suits, Jed D. Melnick, Daniel Weinstein, Michael Young, Mary Jo Barry, Max Berger, Michael Goodstein, Gregory Markel, Samuel H. Rudman, Alan Salpeter

Cardozo Journal of Conflict Resolution

On September 27, 2007, a packed Moot Court Room at the Benjamin N. Cardozo School of Law welcomed two prominent JAMS mediators, Judge Daniel Weinstein (Ret.) and Michael Young, Esq., to a symposium on the mediation of securities class actions. Judge Weinstein and Mr. Young were joined by a panel of distinguished practitioners from all sides of the securities class action bar, including plaintiffs' lawyers Max Berger and Sam Rudman, defense lawyers Gregory Markel and Alan Salpeter, and insurance carrier lawyers Mary Jo Barry and Michael Goodstein.

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Masthead, Cardozo Journal Of Conflict Resolution, Vol. 11 (2008-09), Iss. 1 Jan 2008

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 11 (2008-09), Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

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Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 10, Iss. 1 Jan 2008

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 10, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

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Meet The New Lawyer (Reviewing Julie Macfarlane, The New Lawyer: How Settlement Is Transforming The Practice Of Law (2008)), Arthur Pearlstein Jan 2008

Meet The New Lawyer (Reviewing Julie Macfarlane, The New Lawyer: How Settlement Is Transforming The Practice Of Law (2008)), Arthur Pearlstein

Cardozo Journal of Conflict Resolution

The publication of Professor Julie Macfarlane's solid and important book establishes a new, high water mark in the maturation of the alternative dispute resolution field. The author maintains, with strong support from research and interviews, that the legal profession is in a process of transformation, having taken on board many of the key principles and assumptions developed over the past three decades of ADR practice and scholarship. ADR has long since ceased to be "alternative" in the sense of novel or unorthodox, and Macfarlane argues that lawyers are increasingly being called upon to act, not as warriors in court battles, …

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Adr And Collective Trauma: Constructing The Forum For The Traumatic Fuss, Michal Alberstein Jan 2008

Adr And Collective Trauma: Constructing The Forum For The Traumatic Fuss, Michal Alberstein

Cardozo Journal of Conflict Resolution

This paper explores the notion of collective trauma and discusses the implications of its theoretical underpinnings in two Alternative Dispute Resolution (ADR) practices. First, it offers the use of the Narrative Mediation model to construct a method to deal with collective trauma, as it affects individuals. Narrative Mediation is presented as the most comprehensive and transformative tool to address collective trauma. Second, an ADR approach to collective trauma is offered in cases where no mediation is possible. The concept of "fitting the forum to the fuss," which is a fundamental organizing mechanism in the ADR field, is applied in this …

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What's A Cross-Cultural Mediator To Do? A Low-Context Solution For A High-Context Problem, John Barkai Jan 2008

What's A Cross-Cultural Mediator To Do? A Low-Context Solution For A High-Context Problem, John Barkai

Cardozo Journal of Conflict Resolution

This article will explore issues facing mediators in cross-cultural conflicts, offer suggestions for conducting cross-cultural mediations, and propose a template of factors that mediators should consider when assisting parties in cross-cultural mediation. The factors will come largely from research by social scientists and anthropologists, particularly Edward T. Hall and Geert Hofstede.

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A Systemic Perspective Of Adr In Latin America: Enhancing The Shadow Of The Law Through Citizen Participation, Mariana Hernández Crespo Jan 2008

A Systemic Perspective Of Adr In Latin America: Enhancing The Shadow Of The Law Through Citizen Participation, Mariana Hernández Crespo

Cardozo Journal of Conflict Resolution

Part I of this article addresses the issue of a pale shadow of the law in Latin America. Part II reviews the disjointed legal reform efforts in Latin America, and suggests that a systemic perspective could effectively link and strengthen judicial reform efforts and the promotion of ADR. Part III describes the three elements of a systemic reform framework for the enhancement of the shadow of the law in Latin America: sustainable domestic laws, a functional enforcement mechanism, and supportive social norms. This article concludes that enhancing the shadow of the law through citizen participation is essential to optimize dispute …

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Technology Mediated Dispute Resolution Can Improve The Registry Of Interpreters For The Deaf Ethical Practices System: The Deaf Community Is Well Prepared And Can Lead By Example, David Allen Larson, Paula Gajewski Mickelson Jan 2008

Technology Mediated Dispute Resolution Can Improve The Registry Of Interpreters For The Deaf Ethical Practices System: The Deaf Community Is Well Prepared And Can Lead By Example, David Allen Larson, Paula Gajewski Mickelson

Cardozo Journal of Conflict Resolution

This article examines the mediation process within the Registry of Interpreters for the Deaf Ethical Practices System and suggests when and how technology may be utilized to enhance that process. Background information regarding the interpreting profession, the Deaf Community, and the process for filing and reviewing grievances will provide a context for this discussion. An overview of the technologies already being used within the Deaf Community and interpreting field will help to determine where new technologies can be introduced most effectively. Each of the three steps in the EPS will be analyzed to assess how additional technologies can be integrated …

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Denial As A Security Concept, Taner Akcam Jan 2008

Denial As A Security Concept, Taner Akcam

Cardozo Journal of Conflict Resolution

If I were to explain the Turkish state's denial of the Armenian Genocide in one word, I would suggest the term continuity, both in the sense of lasting perceptions of the problem and in the persistent makeup of the Turkish ruling elite. On this occasion, I will discuss the continuity of Turkish state denial in the first sense of the word.

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Understanding Indigenous Dispute Resolution Processes And Western Alternative Dispute Resolution: Cultivating Culturally Appropriate Methods In Lieu Of Litigation, Carlo Osi Jan 2008

Understanding Indigenous Dispute Resolution Processes And Western Alternative Dispute Resolution: Cultivating Culturally Appropriate Methods In Lieu Of Litigation, Carlo Osi

Cardozo Journal of Conflict Resolution

This article specifically focuses on Indigenous Dispute Resolution, Western-inspired ADR mechanisms, and Indigenized Western ADR as culturally appropriate methods to resolve disputes in lieu of litigation. This article will also focus on how these processes are able to help solve intellectual property rights disputes involving Indigenous communities. Generally, this article will describe how successful all three modes of dispute resolution have been in Indigenous conflict resolution, in the quest for benefit-sharing agreements, and the potential for their use in other controversies. This article proposes the adoption of an Indigenized Western ADR approach on issues surrounding intellectual property rights regimes.

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Adr In The Music Industry: Tailoring Dispute Resolution To The Different Stages Of The Artist-Label Relationship, Kaleena Scamman Jan 2008

Adr In The Music Industry: Tailoring Dispute Resolution To The Different Stages Of The Artist-Label Relationship, Kaleena Scamman

Cardozo Journal of Conflict Resolution

Part II will discuss the disputes that arise within the major record label and artist relationship in more detail, including a discussion of record deal basics, unfairness debates, infringement and ownership disputes, and litigation. These disputes are largely to blame for the public's growing negative perception of the music industry. Part III defines arbitration and mediation, and explains the benefits of and differences between the two types of ADR. Part III will also discuss the use of ADR in the artist-label relationship specifically, including a discussion of factors to consider in deciding whether to mediate or arbitrate based on the …

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Baby Steps To "Grown-Up" Divorce: The Introduction Of The Collaborative Family Law Center And The Continued Need For True No-Fault Divorce In New York, Gabriella L. Zborovsky Jan 2008

Baby Steps To "Grown-Up" Divorce: The Introduction Of The Collaborative Family Law Center And The Continued Need For True No-Fault Divorce In New York, Gabriella L. Zborovsky

Cardozo Journal of Conflict Resolution

Part I of this Note describes the current state of divorce law in New York by examining the history of divorce culture in New York, the current state statutory scheme, the law's practical effect on New York residents, and the arguments in support of and against the adoption of no-fault provisions. Part II overviews the collaborative law method, illustrates how the method varies from other alternative dispute resolution methods, and discusses various ethical considerations relevant to the method. Part III argues that the introduction of collaborative law will have minimal practical effects unless combined with the adoption of a no-fault …

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The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo Jan 2008

The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo

McGeorge School of Law Scholarly Articles

No abstract provided.

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Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau Jan 2008

Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau

Faculty Scholarship

This article examines the mixed effect of arbitration upon the generation of international law norms; in particular, how arbitration can generate private law norms so effectively and yet still face strong resistance in public international law processes and controversies. The work of arbitration for international commercial litigation has been nothing less than spectacular. In both the private international and domestic civil contexts, arbitration has provided viable remedial solutions and functional adjudication when the law was either nonexistent or incapacitated. It has supplied a workable and adaptable trial system, which-on the international side-could also generate substantive legal norms. Arbitration thereby has …

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Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John Lande Jan 2008

Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John Lande

Journal of Dispute Resolution

To examine innovations in legal practice, the University of Missouri Center for the Study of Dispute Resolution and the Journal of Dispute Resolution held a symposium on October 12, 2007, featuring leading practitioners and scholars to analyze innovative models of lawyering, including Collaborative Law and other processes. David Hoffman gave an outstanding keynote address, which was followed by two panels of experts. This issue of the Journal of Dispute Resolution presents papers from that symposium was so productive that we did not have time for presentations from some participants and do not have space for all the papers in this …

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Collaborative Law Practice: An Unbundled Approach To Informed Client Decision Making, Forrest S. Mosten Jan 2008

Collaborative Law Practice: An Unbundled Approach To Informed Client Decision Making, Forrest S. Mosten

Journal of Dispute Resolution

This article is intended to explore the commonality of the development of informed decision making/consent for unbundled legal services and Collaborative Law utilizing the unbundled approach of bifurcating the attorney role between advisor and provider to give clients a full and balanced education of the process of Collaborative Law, the various models of Collaborative Practice available, and to help the client make an informed decision prior to commencing a Collaborative Law engagement.

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Divorce Mediation - Limiting The Profession To Family/ Matrimonial Lawyers, Jaime Abraham Jan 2008

Divorce Mediation - Limiting The Profession To Family/ Matrimonial Lawyers, Jaime Abraham

Cardozo Journal of Conflict Resolution

Due to the complex nature of the field of family and matrimonial law, divorce mediation should only be practiced by family/ matrimonial lawyers; non-lawyers should not be allowed to mediate divorces. Part II of this Note will discuss background information about divorce law and divorce mediation and why mediation is being used more and more frequently to resolve divorce disputes than the traditional court system. Part III will discuss why it is becoming more common for divorcing couples to use mediation, as opposed to traditional litigation, to resolve their disputes. Part IV will discuss different models of mediation that are …

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Doubling Up The Horses In Midstream: Enhancing U.S. Patent Dispute Resolution By The Pto's Adoption Of The Jpo's Hantei Request System, Gino Cheng Jan 2008

Doubling Up The Horses In Midstream: Enhancing U.S. Patent Dispute Resolution By The Pto's Adoption Of The Jpo's Hantei Request System, Gino Cheng

Cardozo Journal of Conflict Resolution

For entities seeking to preempt or defend against adverse claims of infringement, navigating the present U.S. patent dispute resolution system is a thorny path. Judicial standing requirements hinder a potential defendant from fully assessing its risks before making and placing in jeopardy certain investments or assuming negotiation costs, thereby increasing its accountability, the financial stakes, and the probability of retaliation. While the standing doctrine has become more favorable to would-be licensees over time, a readily accessible opining mechanism for infringement would usher in still more benefits, including those unachievable through either litigation or conventional forms of alternative dispute resolution. Although …

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The Ethics Of Collaborative Law, Scott R. Peppet Jan 2008

The Ethics Of Collaborative Law, Scott R. Peppet

Publications

The practice of Collaborative Law - in which both parties agree that should their case fail to settle, both lawyers will be disqualified from proceeding to court - has grown rapidly in the family bar over the last decade. At the same time, the ethics of this practice have been called into question. Competing ethics opinions in 2007 - from the Colorado Bar Association and the American Bar Association - alternately ban and permit the practice. This Article tries to clarify the underlying ethical issues in Collaborative Law, arguing that much confusion has resulted from imprecise understandings of what the …

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Roger Williams University School Of Law Mediation Clinic, Bristol, Rhode Island, Usa, Gail I. Winson Jan 2008

Roger Williams University School Of Law Mediation Clinic, Bristol, Rhode Island, Usa, Gail I. Winson

Law Faculty Scholarship

No abstract provided.

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The American Law Institute Goes Global: The Restatement Of International Commercial Arbitration, George A. Bermann Jan 2008

The American Law Institute Goes Global: The Restatement Of International Commercial Arbitration, George A. Bermann

Faculty Scholarship

The American Law Institute's new Restatement of the U.S. Law of International Commercial Arbitration is only barely underway, and the reporters began with a chapter, namely the recognition and enforcement of awards, that should represent for them a comfort zone of sorts within the overall project. Yet, already a number of difficult, and to some extent unexpectedly difficult, questions have arisen. Some of the difficulties stem from the very nature of an ALI Restatement project. Others stem from the nature of arbitration itself and, more particularly, from the inherent tension between arbitral and judicial functions in the arbitration arena. Still …

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The Road Not Often Taken: Alternative Dispute Resolution For Common Interest Communities In North Carolina, Amy Beasley Jan 2008

The Road Not Often Taken: Alternative Dispute Resolution For Common Interest Communities In North Carolina, Amy Beasley

Campbell Law Review

This Comment will seek to identify the need for an effective alternative to litigation to resolve disputes originating in the context of a common interest community, specifically under the Planned Community Act of North Carolina.

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"It's Not World Peace, But ..." Restorative Justice: Analysis Of Recidivism Rates In Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan Jan 2008

"It's Not World Peace, But ..." Restorative Justice: Analysis Of Recidivism Rates In Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan

Campbell Law Review

This Comment explores victim-offender mediation and specifically the recidivism rates of the juveniles who participated in Campbell's Juvenile Justice Project (JJP). Part II gives a brief background on the different theories of justice and the move towards restorative justice. Part III explains how the JJP came to be and how it currently functions. Part IV outlines the methods used to determine the recidivism rates of the program. Part V displays the results of the study and illustrates the differences with charts. Part VI discusses the possible explanations for the differences in the recidivism rates. Part VII concludes with closing remarks …

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Interim Relief And International Commercial Arbitration In North Carolina: Where We Are And Where We Should Be Looking, R. Jeremy Sugg Jan 2008

Interim Relief And International Commercial Arbitration In North Carolina: Where We Are And Where We Should Be Looking, R. Jeremy Sugg

Campbell Law Review

This Comment argues that North Carolina should reexamine the interim relief provisions under the ICACA in order to reduce reliance on court assistance during the arbitral process, thereby identifying itself as a forum for international commercial arbitration that is increasingly receptive to the needs of the parties involved. Part I will generally describe when the ICACA applies in light of the Federal Arbitration Act (FAA). Part II will further discuss why, in light of this relationship between federal and state arbitration law, North Carolina should reexamine the interim relief provisions under the ICACA. Part III will highlight four issues concerning …

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Second-Generation Dispute System Design Issues In Managing Settlements, Francis Mcgovern Jan 2008

Second-Generation Dispute System Design Issues In Managing Settlements, Francis Mcgovern

Faculty Scholarship

No abstract provided.

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Conflict Tactics In A Mediation Setting, Linda M. Johnston, Michelle Lebaron Jan 2008

Conflict Tactics In A Mediation Setting, Linda M. Johnston, Michelle Lebaron

All Faculty Publications

This essay examines the results of a pilot study undertaken at George Mason University as a joint effort between the Psychology Department and the Institute for Conflict Analysis and Resolution. The authors discuss the task of behavioralizing tactics commonly used in conflict situations, defining particular conflict styles often used by participants in conflicts, and the ability of the participants in the study to identify and agree upon the tactics and styles when viewed in a film. The authors also examine the relationship of shame, guilt, and anger in the conflict setting as it relates to the tactics used.

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"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey Jan 2008

"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey

Scholarly Works

No abstract provided.

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Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen Dec 2007

Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen

Nevada Supreme Court Summaries

Appeal for writ of prohibition to determine if a district court can retain jurisdiction over disputes from a settlement agreement between parties, after the district court previously dismissed the case with prejudice.ve-flas

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