Dispute Resolution and Arbitration Commons^™

Agenda: The Climate Of Environmental Justice: Taking Stock, University Of Colorado Boulder. School Of Law

The Climate of Environmental Justice: Taking Stock (March 16-17)

On March 16-17, The Climate of Environmental Justice: Taking Stock conference gathered 125 academics and practitioners from around the country to consider the pressing issues facing low-income and/or communities of color that continue to be subjected to a disproportionate share of environmental maladies.

"Some people are more equal than others when it comes to bracing ourselves for the impacts of climate change," said conference organizer Professor Maxine Burkett. "Whether it's because poor folks lived in the lowest areas of New Orleans when Katrina floodwaters rushed in, or are less able to afford the cooling bill during increasingly frequent heat waves, …

Judging Judges And Dispute Resolution Processes, John Lande

Nevada Law Journal

No abstract provided.

Mis(Understanding)Judging, Philip M. Pro

Nevada Law Journal

No abstract provided.

Nobody's Perfect, Stephan Landsman

Nevada Law Journal

No abstract provided.

Misjudging: Implications For Dispute Resolution, Donna Shestowsky

Nevada Law Journal

No abstract provided.

Evidentiary Wisdom And Blinders In Perspective: Thoughts On Misjudging, Elaine W. Shoben

Nevada Law Journal

No abstract provided.

Equitable Estoppel And The Compulsion Of Arbitration, Alexandra A. Hui

Vanderbilt Law Review

Freedom of contract is a longstanding principle deeply rooted in American jurisprudence, protected by the Contract Clause and by the Due Process Clauses of the Fifth and Fourteenth Amendments.' Because of the legal system's high regard for freedom of contract, parties are free to negotiate virtually all issues, thus creating rights and limiting duties and obligations to one another.

In exercising this freedom to contract, parties often negotiate an arbitration clause. These clauses, also referred to as "predispute arbitration agreements," are contractual provisions agreed to in advance of any dispute that require a party to submit any and all future …

Atu, Local 508 V Halifax (Regional Municipality), Innis Christie

Innis Christie Collection

The Grievor was terminated for inappropriate behaviour towards a female passenger. The Grievor did not believe the Employer had just cause and sought reinstatement with full wages and seniority, and the removal of all related documents from his personnel file.

The grievance succeeds in part. Given a previous disciplinary letter regarding similar behaviour, the Grievor should have known that his conduct was not acceptable. Discipline was justified, but dismissal was viewed as excessive in a situation where progressive discipline might be expected. The Grievor is reinstated with several conditions, and with one month suspension without pay. Jurisdiction is retained.

“Every Day And In Every Way, We All Are Becoming Meta And Meta," Or, How Communitarian Bargaining Theory Conquered The World (Of Bargaining Theory), Robert J. Condlin

ExpressO

Debate over the relative merits of communitarian and adversarial theories of dispute bargaining has pre-occupied legal bargaining scholarship for at least twenty years. Seen as a negotiation, this debate makes it clear that communitarians are by far the better bargainers. In a move one might think more characteristic of adversarial bargaining, communitarians have changed the definition of bargaining effectiveness by reconstituting the world in which bargaining operates (the meta move of the title – in communitarian terms they “changed the game by changing the frame”), to make adversarial bargaining obsolete. Many of the arguments and maneuvers used in this effort …

Re Canada Post Corp And Cupw (Paris), Innis Christie

Innis Christie Collection

The Grievor was discharged for being absent without leave. The Union believed the Employer's action was without just, reasonable or sufficient cause. The requested remedy is full reinstatement, compensation of lost earnings and benefits, and removal of all related documents in the personnel file

The grievance succeeds in part. During the hearing the parties agreed to reinstate the Grievor, subject to a number of conditions, which are to be in effect for 24 months. Jurisdiction is retained.

Difficult, Duplicative And Wasteful?: The Nasd's Prohibition Of Class Action Arbitration In The Post-Bazzle Era, Matthew Eisler

Cardozo Law Review

No abstract provided.

A Proposal To Amend Rule 407 Of The Federal Rules Of Evidence To Conform With The Underlying Relevancy Rationale For The Rule In Negligence And Strict Liability Actions, Ralph Ruebner, Eugene Goryunov

ExpressO

The current version of FRE 407 prevents the use of evidence of remedial measures taken after an event that caused an injury or harm in order to prove negligence, culpable conduct, or strict product liability. Our proposal is that the language of Rule 407 be amended to preclude the admissibility of remedial measures which are taken both before and after an injury. This change will implement the relevancy rationale for the rule.

Freedom Of Speech In The Changining World Of Internet Domain Name Registration And Dispute Resolution: How The Increasing Influence Of National Governments In Domain Name Policy Threatens Free Speech On The Internet, Sean P. Shecter

ExpressO

The conflict between a private organization running the domain name system and the sovereign rights of states to regulate the internet brings to the forefront a key legal issue: the extent to which governments should control freedom of speech within the existing domain name system. The vacuous response to freedom of speech concerns in both the development of the domain name system and customary international law allowed for the increased influence of national governments. With national governments increasing their control over local domain names, significant gaps may develop in the protection of freedom of speech on the internet. Thus, nations, …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

The Grievor was dismissed for allegedly exposing himself and for not cooperating with the Employer's request for medical consultations. The Grievor denied the event occurred. The Union states that the dismissal was without just or sufficient cause and requests that the Grievor be fully reinstated and compensated for all lost earnings and benefits, and that all material relating to the matter be removed from his personnel file.

Settlement Of Disputes Under The United States-Central America-Dominican Republic Free Trade Agreement, David A. Gantz

ExpressO

The U.S. – Central America – Dominican Republic Free Trade Agreement is one of nearly a dozen post-NAFTA FTAs that have been concluded by the United States since 2000 with nations in Latin America, the Middle East and Asia. All of these newer agreements are based on NAFTA, but they differ in significant respects, particularly in the chapters relating to dispute settlement. The changes reflect, most significantly, U.S. government experience with NAFTA dispute settlement, particularly with regard to actions brought by private investors against the United States and other NAFTA governments under NAFTA’s investment protection provisions (Chapter 11). However, they …

Mediation Case Law Data Coding Sheet, James Coben, Peter Thompson

Mediation Case Law Data

No abstract provided.

Mediation Case Law Dataset 1999-2005, James Coben, Peter N. Thompson

Mediation Case Law Data

No abstract provided.

Disclosure And Disqualification Standards For Neutral Arbitrators: How Far To Cast The Net And What Is Sufficient To Vacate Award, Merrick T. Rossein, Jennifer Hope

Publications and Research

No abstract provided.

The Use Of Adr Involving Local Governments: The Perspective Of The New York City Corporation Counsel, Michael A. Cardozo

Fordham Urban Law Journal

Alternative dispute resolution can sometimes be a very useful and powerful tool in resolving social problems in which local governments find themselves. But ADR is not the answer to resolving much of the litigation involving disputes over governmental policy. Generally, there are three different types of governmental disputes potentially susceptible to ADR treatment: Money disputes, land use and enironmental controversities, and claims by a particular group of people that a specific social policy being pursued or not pursued by the government is somehow illegal.

Tort Reform Renews Debate Over Mandatory Mediation, Richard C. Reuben

Faculty Publications

Despite the rise of the Democrats during the midterm elections, tort reform can be expected to continue to be an important topic at both the state and federal levels. This is significant for dispute resolution, because a number of the reform measures being discussed include mandatory mediation requirements for many, if not most, civil cases.

The Secret To Success: An Examination Of New York State Mediation Related Litigation, Andrew N. Weisberg

Fordham Urban Law Journal

This Comment examines the difficulties in using alternative dispute resolution, specifically mediation, to settle disputes between parties. While mediation is meant to lighten the courts' caseload, it occasionally results in post-settlement issues concerning the mediated agreement, leaving the court to determine whether the agreement should be enforced. This Comment examines such enforcement issues, specifically how often enforcement issues arise and the typical grounds on which parties rely to vacate or modify mediated agreements. It discusses the research conducted on New York State cases decided between 1/1/2004 and 10/31/2006 and describes research conducted by Hamline University School of Law Professors James …

How Can Adr Alleviate Long-Standing Social Problems?, Kenneth R. Feinberg

Fordham Urban Law Journal

Keynote Address at Inaugual Fordham Dispute Resolution Society Symposium: "ADR as a Tool for Achieving Social Justice."

Achieving Better Outcomes For Litigants In The New York State Courts, Chief Administative Judge Jonathan Lippman

Fordham Urban Law Journal

Remarks at the Inaguargal Fordham Dispute Reolution Society Symposium "ADR as a Tool for Achieving Social Justice."

An Empirical Analysis Of Investment Treaty Awards, Susan Franck

Scholarly Articles in Law Reviews & Journals

I. INTRODUCTION

Earlier speakers offered insights about investment law and its implications for the future of domestic administrative law and international law. To bring us full circle, I will discuss where we are today so that we can consider where we want development law to be tomorrow. In pursuit of that goal, I offer empirical data related to investment treaty arbitration. My goal today is to focus on three claims about investment treaty arbitration and consider the data's potential implications.

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

Court-Connected Arbitration In The Superior Court Of Arizona: A Study Of Its Performance And Proposed Rule Changes, Roselle L. Wissler, Bob Dauber

Journal of Dispute Resolution

Compulsory, non-binding arbitration has been a component of the civil court system in a number of jurisdictions for several decades. These arbitration programs generally have the same basic structure: cases in which the amount in controversy is under the prescribed jurisdictional limit must be submitted to a neutral attorney for adjudication under relaxed rules of evidence and procedure. Any party may appeal the arbitrator's award for a trial de novo; absent an appeal, the arbitrator's decision is entered as the judgment of record in the case. The goals of most court-connected arbitration programs include resolving cases faster, reducing the costs …

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.

Changes In Conflict Framing In The News Coverage Of An Environmental Conflict, Linda L. Putnam, Martha Shoemaker

Journal of Dispute Resolution

This article examines the role of media and conflict framing in four major turning points of an environmental controversy. In particular, it focuses on the media's role in defining the dispute and altering the naming and blaming among constituents during these turning points. It also examines how these changes relate to escalation and de-escalation of the conflict.

Social Conflict: Some Basic Principles, Dean G. Pruitt

Journal of Dispute Resolution

The term "conflict" has two generally accepted meanings.' The first refers to overt conflict-an argument, fight, or struggle. The second refers to subjective conflict-Party's perception that Party and Other have opposing beliefs or interests, or that Other has deprived or annoyed Party in some way. The latter concept is richer for theory building than the former, in that there are several strategies Party can employ in reaction to subjective conflict. Party can take a contentious approach and retaliate, or Party can try to impose its will on Other by means of an argument, demand, or threat. This strategy is very …

Media, Memory, And Forgiveness: Case Studies In South Africa And Argentina's Conflict Resolution Processes, Byron T. Scott, Caroline Escudero, Anya Litvak

Journal of Dispute Resolution

Studies of conflict frames' customarily include neither mid- to long-term resolution nor the role of the media in that healing process. In theory, the formal reconciliation processes that have followed internal conflicts in many nations provide resolution and a pathway to long-term healing. But do they? As the chief cultural guardians of national memories, what is the role of the media? Between the spikes of crisis reporting, are there persistent frames of journalistic messages that affect how ever-receding events are viewed by new generations? This paper looks at media behavior in two contrasting nations, Argentina and South Africa, while arguing …