Dispute Resolution and Arbitration Commons^™

Nova Scotia Barristers' Society V Murrant, Innis Christie, B Wd Badley, Deborah E. Gillis, Kevin Patriquin, Charles T. Schafer

Innis Christie Collection

The Hearing Panel of the Hearing Subcommittee, empanelled by the Chair of the Hearing Subcommittee in accordance with Regulation 40 of the Nova Scotia Barristers' Society Regulations (hereafter, "the Regulations") made under the authority in s. 59 of the Barristers and Solicitors Act, R.S.N.S 1989, as am. (hereafter, "the Act") to hear and decide this matter, consisted of:

Dr. B.W.D. Badley

Innis Christie, Q.C., Chair

Deborah E. Gillis, Q.C.

Kevin J. Patriquin

Dr. Charles T. Schafer

The Panel met to hear evidence and submissions by counsel on October 2 and 3, 2003. The Society was represented by …

Private Lands Conservation In Belize, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

49 p. : map ; 28 cm

Private Lands Conservation In Papua New Guinea, Sonja Klopf, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

35 p. ; 28 cm

Private Lands Conservation In The British Virgin Islands, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

46 p. ; 28 cm

Private Lands Conservation In The Dominican Republic, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

56 p. ; 28 cm

Private Lands Conservation In Puerto Rico, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

41 p. ; 28 cm

Private Lands Conservation In The Commonwealth Of The Northern Mariana Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

68 p. ; 28 cm

Private Lands Conservation In The Bahamas, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

59 p. ; 28 cm

Private Lands Conservation In Palau, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

1, 37 leaves ; 28 cm

Private Lands Conservation In The Federated States Of Micronesia, Kevin Doran, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

74 p. ; 28 cm

Private Lands Conservation In The Solomon Islands, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

69 p. ; 28 cm

Private Lands Conservation In St. Vincent And The Grenadines, Julie Truelsen, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

56 p. ; 28 cm

A Normative Critique Of Private Domain Name Dispute Resolution, 22 J. Marshall J. Computer & Info. L. 625 (2004), J.R. Hildenbrand

UIC John Marshall Journal of Information Technology & Privacy Law

In recent years, much has been made of the rapid expansion and tremendous commercial potential of the Internet. As such, domain names that contain or imply an entities trademarked name have become extremely valuable to these entities. The difficulty, however, is balancing the rights of the trademark owners with Internet users within the burgeoning commercial environment. This comment examines the balance between the Uniform Dispute Resolution Policy (UDRP) and traditional trademark protection. It discusses several persuasive documents including the International Trademark Association’s 1997 White Paper and the United States Department of Commerce’s Green and White papers. The comment further develops …

Www.Yourname.Com: How Useful Is The Uniform Domain Name Dispute Resolution Policy ("Udrp") In Protecting Personal Names From Cybersquatters?, 22 J. Marshall J. Computer & Info. L. 535 (2004), Georgette H. Tarnow

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Need For A Ceasefire In The War On The Workers: Restoring The Balance And Hope Of The National Labor Relations Act, 37 J. Marshall L. Rev. 925 (2004), Mary Ann Leuthner

UIC Law Review

No abstract provided.

New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright

Journal of Health Care Law and Policy

No abstract provided.

Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow

Cleveland State Law Review

The adversarial process serves its purpose in our society; however, that does not mean that there are not better ways to handle specific cases. To that end, nonadversarial systems offer tremendous potential in civil litigation, in governmental relations, in neighborhood and family conflicts, and, especially, in divorce child custody cases. If mediation statutes are contemplated for the sole purpose of judicial economy, discretionary statutes are sufficient. For the true value of mediation to be experienced, however, a mandatory scheme containing safeguards for cases involving domestic violence should be implemented.Understandably, many mediators are leery of the effect that mandatory schemes have …

Learning From Practice: What Adr Needs From A Theory Of Justice, Kate Kruse

Faculty Scholarship

Adding to the impressive body of work that has made her a leading voice in the fields of both alternative dispute resolution and professional responsibility, Carrie Menkel-Meadow's Saltman Lecture connects the theoretical exploration currently occurring on two parallel tracks: (1) theories of justice that investigate the ideal of a deliberative democracy; and (2) theories of alternative dispute resolution arising from its reflective practice. As she notes, theorists on both tracks are grappling with similar questions about the processes or conditions that will best bring together parties with widely divergent viewpoints to consensus-building dialogue around contested issues.

While Menkel-Meadow focuses on …

Over-Preemption Of State Vacatur Law: State Courts And The Faa, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This Article will examine the state courts' approach to FAA preemption on a vacatur motion since the most recent Supreme Court FAA preemption decisions. This Article will demonstrate that, with little or no analysis, state courts over-apply the FAA to commercial arbitration awards, particularly the "manifest disregard" prong, causing what I call "over-preemption" and frustrating their own state's interests in the application of its arbitration law. Part II of this Article will briefly review Supreme Court FAA preemption jurisprudence. Part III of this Article will use illustrative state court decisions to demonstrate that the state courts are applying FAA preemption …

Remarks On Case-Management Criminal Mediation, Maureen Laflin

Articles

No abstract provided.

University Of Idaho College Of Law's 8th Annual Northwest Institute For Dispute Resolution, May 17-21, 2004, Maureen Laflin

Articles

No abstract provided.

Case-Management Criminal Mediation Offers Promise But Requires Caution, Maureen Laflin

Articles

No abstract provided.

The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz

Faculty Publications By Year

No abstract provided.

Contractual Stipulation For Judicial Review And Discovery In United States-Japan Arbitration Contracts, Norman T. Braslow

Seattle University Law Review

This Article discusses in detail how the arbitration process in both the United States and Japan can very often result in injustice to both parties. Part II describes how limitations on discovery can cause vital information necessary to either prosecute or defend a claim to never appear before the arbitrator. The article then discusses the possibility of including provisions that might ameliorate this problem. Next, this Part examines specific examples of situations where the arbitrators can ignore the civil rules of evidence and admit evidence that would be inadmissible in a court of law. Finally, this Part concludes with a …

Reply To Judge Easterbrook: Regarding History As A Judicial Duty, Harry F. Tepker

Oklahoma Law Review

No abstract provided.

Expected Value Arbitration, Joshua Davis

Oklahoma Law Review

No abstract provided.

A Mirage In The Sand? Distinguishing Binding And Non-Binding Relations Between States, Christine M. Chinkin

Book Chapters

The article discusses the two decisions (thus far) of the International Court of Justice in the case concerning Maritime Delimitation and Territorial Questions between Qatar and Bahrain, especially its consideration of when an internationally binding agreement has come into existence. The Court's willingness to infer a legally binding agreement, regardless of the intentions of at least one of the parties, appears to displace the primacy of consent it has emphasized in its earlier jurisprudence. The decision seems to hold states bound by informal commitments, an approach that might inhibit open negotiations between states and undermine genuine attempts to pre-empt disputes …

External Law In Arbitration Hard-Boiled, Soft-Boiled, And Sunny-Side Up, Theodore J. St. Antoine

Book Chapters

Thirty-seven years ago Bernie Meltzer and the late Bob Howlett squared off at our annual meeting in a classic confrontation on an issue that refuses to die. What should an arbitrator do when there is a seemingly irreconcilable conflict between a provision of a collective bargaining agreement and the dictates of external law? Professor Meltzer was the hard-boiled logician. Arbitrators' proper domain is the parties' contract, said he, and we "should respect the agreement and ignore the law" when the two diverge. Howlett took the softer, more accomodating approach. He reasoned that "every agreement incorporates all applicable law" and so …

The State Of External Law's Effect On The Arbitration Process. Iii. A Commentary On The External Law Papers And Iv. Panel Discussion, Theodore J. St. Antoine, Marilyn S. Teitelbaum, Robert Vercruysse

Book Chapters

Marilyn Teitelbaum: I think I have the best of all worlds because I can read these great papers, without having to prepare one of my own, and like all lawyers I like to talk. So, I can share my views, that sometimes diverge from both of the views just presented, particularly the view from the management perspective.

In one part of Ted St. Antoine’s paper that was not discussed with you today, he says that the external law question may be a “tempest in a tea pot.” My words would be similar—“much ado about nothing.” I think there is a …

Arbitration And Arbitrability: Toward An Expectation Model, Mark Berger

Faculty Works

The process of arbitration has been transformed by a series of Supreme Court decisions that have increased the enforceability of arbitration awards. Beyond that, the Supreme Court has also taken steps to ensure the enforceability of promises to arbitrate. These latter arbitrability issues raise questions as to who will decide whether an enforceable agreement to arbitrate has been made and what standard shall be applied in making that determination. This article explores the arbitrability question in the wide variety of settings in which it occurs, including post-contract disputes, successor parties, and the separability doctrine which focuses on challenges to the …