Dispute Resolution and Arbitration Commons^™

Press Coverage Of Interethnic Conflict: Examples From The Los Angeles Riots Of 1992, Shah Shah

Journal of Dispute Resolution

News media are an important source of cultural production and information. Their representation of the social world provides explanations, descriptions, and frames for understanding how and why the world works as it does. In media studies, "frames" refer to the perspectives on, or interpretation of, current events provided by news coverage. Frames are complex and overlapping, existing in a single news article or within an entire body of news coverage. Multiple and opposing frames may exist simultaneously. Frames are built up from the choices reporters make in terms of language use, source selection, and story organization. In their coverage of …

Communication Channels, Spatial Stereotyping, And Urban Conflict: A Cross-Scale And Spatio-Temporal Perspective, Sorin A. Matei, Sandra Ball-Rokeach, Stefan Ungurean

Journal of Dispute Resolution

Our research addresses how individuals exposed to various types of communication situations-from face-to-face to Internet environments-are more or less likely to react to urban locations with fear or to find them desirable. The present article summarizes what we have learned from a number of research projects about the effects of communication practices on spatial and ethnic stereotyping in conditions of violent urban conflict and will offer a number of recommendations for mitigating the negative effects of these processes.

Media And International Conflict: A Multidisciplinary Approach, Eytan Gilboa

Journal of Dispute Resolution

This study suggests a new framework for analysis of media coverage and its role in international conflict. The framework is based on integration of theories and models from both international studies and communication. The work begins with a brief analysis of major changes that have occurred in last two decades in the nature and evolution of international conflicts. The analysis offers significant distinctions among types, levels, and phases of conflict. Next, the study presents major changes that have occurred in the media and offers significant distinctions among levels, types, and functions of media. Based on all these concepts and ideas, …

Let's Get Together: An Analysis Of The Applicability Of The Rules Of Professional Conduct To Collaborative Law, Brian Roberson

Journal of Dispute Resolution

It is the purpose of this comment to explore some of the major areas in which the Model Rules of Professional Conduct and a typical collaborative law arrangement may intersect, and to discuss the differences of opinion among the few state ethics committees that have commented on collaborative law. A deeper understanding of the relationship between the collaborative lawyer, the legal system, and society at large should help to foster greater awareness of the duties and responsibilities inherent in lawyer-client relationships created under the collaborative rubric.

Healing A Fractured Community: The Use Of Community Sentencing Circles In Response To Hate Crimes, Brian Sapir

Cardozo Journal of Conflict Resolution

As with any social construct, the American criminal justice system is a constantly adapting and evolving mechanism that is influenced by politics, current events, and societal "hot-button" topics. Over the last century legal professionals, academics, and crime victims have voiced their dissatisfaction with certain aspects of traditional criminal justice systems. The failure of severe punishments to deter crime, the increasing occurrence of repeat offenders, and the growing costs of incarceration were all issues some saw as weaknesses in the criminal justice system. Moreover, at the heart of many people's dissatisfaction with the system was the seemingly complete exclusion of the …

Of All The Things I'Ve Lost, I Miss My Marbles The Most! An Alternative Approach To The Epic Problem Of The Elgin Marbles, Melineh S. Ounanian

Cardozo Journal of Conflict Resolution

The Elgin Marbles have been the subject of debate for nearly 200 years. Competing claims from Greece, where the marbles originated, and England, where the marbles are now held, have continued unabated despite attempts by the international community to quell the dispute. This Note will explore the various types of dispute resolution as they can be applied to the Elgin Marble controversy, sift through various reconciliation ideas and make a recommendation as to which of the methods is likely to be most effective. In furtherance of that goal, the Note will examine past attempts at dispute resolution in the fields …

Apology In The Context Of Wrongful Conviction: Why The System Should Say It's Sorry, Abigail Penzell

Cardozo Journal of Conflict Resolution

The first section of this Note will discuss apology as a psychological tool to heal victims, offenders, and the community. The second section will examine the use of apology in analogous contexts to that of wrongful conviction. The third section will explore the potential or perceived disadvantages of offering an apology in the criminal context. The fourth section will detail the desire for apology among the wrongfully convicted as well as give examples of situations - like Mr. Fuller's - in which an apology has been tendered and has helped victims reintegrate into society. Finally, I will conclude that the …

Teaching Comparative Perspectives In Mediation: Some Preliminary Reflections Symposium: Transatlantic Perspectives On Alternative Dispute Resolution, Jacqueline Nolan-Haley

Faculty Scholarship

The study of comparative law and legal process in any subject area offers the usual advantages of learning about other countries' legal cultures and developing a deeper understanding of one's own legal tradition. In the case of mediation, it is important to evaluate critically what is learned through comparative analysis. Mediation is still developing as a profession; it is newly institutionalized in legal cultures; and, it is relatively new to the canon of legal education. National legal traditions have responded differently to the implementation of mediation. Thus, lawyers must have an understanding of the differences and nuances in mediation law …

Restorative Justice: What Is It And Does It Work?, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article reviews the now extensive literature on the varied arenas in which restorative justice is theorized and practiced — criminal violations, community ruptures and disputes, civil wars, regime change, human rights violations, and international law. It also reviews — by examining empirical studies of the processes in different settings — how restorative justice has been criticized, what its limitations and achievements might be, and how it might be understood. I explore the foundational concepts of reintegrative shaming, acknowledgment and responsibility, restitution, truth and reconciliation, and sentencing or healing circles for their transformative and theoretical potentials and for their actual …

Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini

Publications

No abstract provided.

Colorado Ethics Opinion 115: Next Steps For Colorado's Collaborative Lawyers, Scott R. Peppet

Publications

No abstract provided.

Judicial Review Of International Commercial Arbitral Awards By National Courts In The United States And India, Aparna D. Jujjavarapu

LLM Theses and Essays

Article V of the New York convention lays down the provisions under which the recognition and enforcement of an arbitral award may be refused. The United States and India are signatories to the Convention. Section 10(a) of the Federal Arbitration Act in the United States limits the scope of judicial review of the arbitral awards to a clear list of grounds of vacatur. The national courts of the United States have recognized several non-statutory grounds of which "manifest disregard of the law" as a standard of review is the focus in this thesis. In fact, the state of Georgia has …

The Need For A Transnational Appellate Arbitral Review Body, Priya Sampath

LLM Theses and Essays

This thesis analyzes the necessity for the establishment of a transnational body of arbitral appeal. The paper also elaborates on how the establishment such a body will serve as a suitable replacement for judicial review and be an effective source of appeal in general. Also prescribed are suggestions based on which the appellate body may be conceived.

Principles For Policymaking About Collaborative Law And Other Adr Processes, John M. Lande

Faculty Publications

This Article articulates a set of principles for policymaking about alternative dispute resolution (ADR) to promote values of process pluralism, choice in dispute resolution processes, and sound decision making. It argues that policymakers should use a dispute system design (DSD) framework in analyzing policy options. DSD involves systematically managing a series of disputes rather than handling individual disputes on an ad hoc basis. It generally includes assessing the needs of disputants and other stakeholders, planning to address those needs, providing necessary training and education for disputants and dispute resolution professionals, implementing the system, evaluating it, and making periodic modifications as …

How And Why Labor Arbitrators Decide Discipline And Discharge Cases. An Empirical Examination., Theodore J. St. Antoine

Other Publications

Often without attribution, the arbitration literature includes statements about how “most,” “many” or “some” arbitrators decide discipline and discharge cases. Elkouri & Elkouri is probably the best known source of such generalizations. Although statements like these are often consistent with conventional wisdom, empirical support is seldom provided. To illustrate, consider the first of three examples taken from the National Academy of Arbitrators’ The Common Law of the Workplace: Because industrial discipline is corrective rather than punitive, most arbitrators require use of progressive discipline, even when the collective agreement or employment contract is silent on the subject. Based on personal …

The Case For Sports Law Arbitration And Practice In Singapore, Kam Wai, Warren Bartholomew Chik

Research Collection Yong Pung How School Of Law

No abstract provided.

Introduction To The Symposium Issue On Alternative Dispute Resolution Strategies In End-Of-Life Decisions, Carol B. Liebman

Faculty Scholarship

At about 8:30 p.m. on a spring evening approximately twenty-five years ago when I was living in Newton, Massachusetts, our telephone rang. It was the emergency judge on duty that week asking me to go to a nearby suburban hospital to represent a sixty-eight-year-old woman whom I'll call Mrs. P. She had been hospitalized for heart failure and was refusing treatment, saying that she wanted to die with dignity.

Mrs. P and her husband had traveled to Boston from her home, a small town in New York about five hours away, to meet their newest grandchild. When I arrived at …

After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika George

Faculty Scholarship

This article begins to consider these important questions through a discussion of the multiple models used to address, and redress massive human rights violations in South Africa, Rwanda, and Sierra Leone. I argue that lawyers and policy makers working to advance the rule of law must consider the role of law in transitional societies not only as a means of ensuring that perpetrators of grave human rights abuses are held accountable, but also as a foundation for the future. I submit that for the rule of law to take root, the conditions of a society must be fertile; and respect …

Introduction: Mandatory Rules Of Law In International Arbitration, George A. Bermann

Faculty Scholarship

The notion of mandatory rules of law has long been of interest in private international law. It is no wonder that the subject has also emerged as something of a preoccupation of those who are involved in the world of international commercial arbitration. As both legal academics and international arbitrators, the editors of this special issue of the American Review of International Arbitration took a keen interest in how mandatory rules might “fit” into the international arbitration picture.

To better understand the phenomenon of mandatory rules (and to gauge whether its importance might possibly even be exaggerated in the international …

Consequences Of Power, Tamara Relis

Scholarly Works

This Article challenges a basic premise that litigants and their attorneys broadly understand and desire similar things from litigation-track mediation processes. In providing new empirical research from medical malpractice cases, I offer disconcerting evidence of the surprising degree to which perceptions and meanings ascribed to these litigation-track processes are not only diverse, but frequently contradictory. I demonstrate that notwithstanding their different allegiances, lawyers on all sides of cases have correspondingly similar understandings of the meaning and purpose of litigation-track mediations. At the same time, I show how plaintiffs and defendants have the same understandings and visions of what mediation is …

Conflict Resolution And Systemic Change, Howard Gadlin, Susan P. Sturm

Faculty Scholarship

Over the last fifty years, alternative dispute resolution (ADR) has become a fixture of the conflict resolution landscape. As its label suggests, ADR is generally viewed as an alternative to adjudication, developed in response to litigation's liabilities-its expense, delay, adversarialism, and limits as a tool for addressing complex problems. In contrast, ADR's value rests in its capacity to produce prompt, fair, and efficient resolutions that satisfy the disputants.

ADR proponents and critics alike presuppose that the benefits of ADR are achieved at inevitable costs. The assumption is that informal conflict resolution necessarily resolves disputes for the disputants and no one …

Summary Of Washoe Med. Ctr. V. Dist. Ct., 122 Nev. Adv. Op. No. 110, Aubree Nielsen

Nevada Supreme Court Summaries

An appeal involving an issue of first impression – whether a plaintiff in a medical malpractice action may amend her complaint, under NRCP 15(a), to comply with NRS 41A.071, which requires that complaints for medical malpractice be accompanied by a medical expert affidavit.

Atlantic Pilotage Authority V Cmsg, Innis Christie

Innis Christie Collection

INTRODUCTION. The "RESOLUTION OF CONTRACT RENEWAL DISPUTES AGREEMENT" of April 24, 2003 between the parties, under which I am proceeding here, provides: The purpose of this agreement is to establish a binding dispute resolution process to be utilized in circumstances where the parties have engaged in collective bargaining for the purpose of entering into a collective agreement but have failed to reach a settlement. Under such circumstances the following process shall be used to conclude all outstanding issues for the renewal of the collective agreement:

Summary Of Millen V. Dist. Ct., Nev. Adv. Op. No. 105, Sherry Moore

Nevada Supreme Court Summaries

The district court judge disqualified petitioner’s counsel because petitioner’s counsel was on the judge’s recusal list. Petitioner filed a writ of mandamus to prevent the district court judge’s disqualification of her attorney from representing her at trial.

Summary Of Rocker V. Kpmg Llp, 122 Nev. Adv. Op. No. 101, 148 P.3d 703, Matt Lay

Nevada Supreme Court Summaries

Appeal from an order of the Eighth Judicial District Court, State of Nevada, granting motion to dismiss for lack of personal jurisdiction and failure to plead with particularity.

The Un: A Situation Report, Benjamin Zawacki

ExpressO

The UN: A Situation Report is a review of two recent books on the past, present, and future of the UN; in short, of its relevance in a changing and uni-polar world at the end of Kofi Annan’s two terms as Secretary-General. The books’ focus is both on the organization’s successes and failures, and its efforts at self-reform in the face of near-constant criticism. They are reviewed as individually divergent in quality but as a formidable “situation report” when read in tandem. Paul Kennedy’s The Parliament of Man, save for its first of three parts, is generally criticized for its …

Summary Of Brent G. Theobald Constr. V. Richardson Constr., 122 Nev. Adv. Op. 98, Michelle L'Hommedieu

Nevada Supreme Court Summaries

No abstract provided.

Re Cupe And Canadian Staff Union (Reynolds), Innis Christie

Innis Christie Collection

The Employer posted a position located in Halifax. The Grievor was denied the position because he was not prepared to relocate to Halifax due to family responsibilities. The Union grievance alleged that the Employer breached the Collective Agreement which prohibits discrimination based on marital status and place of residence, and that the Grievor's request to commute should have been accommodated. The Employer believed the position needed to be located in Halifax and that commuting from Newfoundland would not be effective.

Charting Developments Concerning Punitive Damages: Is The Tide Changing?, John Y. Gotanda

Working Paper Series

This essay discusses a number of developments outside of the United States concerning punitive damages, which may ultimately signal a change in the way other countries view American awards of such damages.

To date, courts in many countries have refused to recognize and enforce American punitive damages awards on the ground that they violate the host country’s public policy. In most civil law countries, such as France and Germany, penal damages can only be ordered in criminal proceedings; a civil award of such damages has been viewed as contrary to ordre public. In common law countries, while punitive damages generally …

The International Tribunal For The Law Of The Sea And The Possibility Of Judicial Settlement Of Disputes Involving The Fishing Entity Of Taiwan - Taking Ccsbt As An Example, Yann-Huei Song

San Diego International Law Journal

The main purpose of this paper is to assess the possibility of judicial settlement of fishery disputes involving the fishing entity of Taiwan and examine the legal questions regarding jurisdiction over the disputes. This analysis is based on the articles related to dispute settlement that are provided in the SBT Convention, the ITLOS Statute and the international law of the sea and the judicial practice of the ITLOS and other relevant arbitration courts in the Southern Bluefin Tuna case. Following this introductory section, Section II describes the establishment of the CCSBT and the selection and application of the methods of …