Dispute Resolution and Arbitration Commons^™

Marketing Of Indian Reserved Water Rights, Jeanne S. Whiteing

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

10 pages.

Coordinated Water Management In A Basin With Erratic Surface Supplies: The Law North And South Of The Pecos, Charles T. Dumars

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

11 pages.

Contains references.

State Resource Sovereignty In A Post-Sporhase World: The Hueco Bolson, A. Dan Tarlock

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

30 pages.

Contains references.

Unique Legal Issues Raised By Long Distance Water Transfer Proposals: Etsi, The Columbia River, Nawapa, Ralph W. Johnson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

12 pages.

Contains references.

The Missouri: River Of Promise Or River Of Peril?, John E. Thorson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

14 pages (includes 1 map).

Contains references.

Montana’S Response To Interjurisdictional Marketing Challenges, Deborah Beaumont Schmidt

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

20 pages.

Contains references.

Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

53 pages.

Contains references.

Allocation And Use Of International Rivers: Recent Developments In International Law, Daniel Barstow Magraw

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

26 pages.

Contains references.

Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

70 pages.

Managing The Upper Rio Grande: Old Institutions, New Players, Steven J. Shupe

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.

The Colorado River Compact: A Breeding Ground For International, National, And Interstate Controversies, John U. Carlson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

38 pages.

Contains references.

Arkansas River Controversy, David W. Robbins

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

14 pages.

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …

Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.

An Up-To-Date Review Of Judicial, Legislative, And Regulatory Developments In Arbitration With Financial Institutions, Mahlon M. Frankhauser, Linda M. Gardner

Washington and Lee Law Review

No abstract provided.

Cincinnati Gas & Electric Co. V. General Electric Co., 854 F.2d 900 (6th Cir. 1988), Cert. Denied Sub Nom. Cincinnati Post V. General Electric Co., 109 S. Ct. 1171 (1989), Susan Tillotson

Florida State University Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.

Book Review Of On Trial! Law, Lawyers And The Legal System, Edmund F. Byrne

Journal of Legal Education

No abstract provided.

The Post-Expiration Duty To Arbitrate: Disregarding The Nolde Presumption After An Impasse In Negotiations, Brian E. Nuffer

BYU Law Review

No abstract provided.

Cautionary Lessons From American Securities Arbitration: Litigation Versus Arbitration, Ronald D. Rotunda

Law Faculty News Articles, Editorials, and Blogs

In the United States, it is now quite common for lawyers and others to bemoan what is often referred to as 'the litigation crisis. ' No less an authority than former Chief Justice Warren Burger has long complained that American courts 'have become overburdened' by too may lawsuits... Similarly, the Report of the prestigious American Bar Association's Commission on Professionalism recommends expanded use of arbitration in lieu of a norrnal trial before a judge and lay jury. There should be no rush to judgment favouring arbitration. In the first place, it is not at all clear that there is a …

Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton

Scholarly Articles

Many of the perceived problems with the securities arbitration system do not reflect deficiencies in the operation of the current system, but rather are a result of the very qualities that make arbitration attractive. For example, participants in arbitration have a limited right of appeal from arbitration awards precisely because they contractually agreed to forego judicial litigation and instead have their disputes considered in a more expeditious and less expensive forum. It is reasonable to believe that if arbitration awards were appealable for the full range of reasons for which judicial decisions may be appealed, the efficiency of the arbitration …

Current Developments In Arbitration: Arbitrability And Punitive Damages, 22 J. Marshall L. Rev. 603 (1989), Stephen P. Bedell, Mary Beth Cyze, Donn M. Davis

UIC Law Review

No abstract provided.

Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton

Maryland Law Review

No abstract provided.

Dispute Resolution Between The General Motors Corporation And The United Automobile Workers, 1970-1982, Theodore J. St. Antoine

Book Chapters

At the end of 1982 the active membership of the United Automobile Workers stood at 1.25 million workers, belonging to about 1,600 local unions in the United States and Canada. There were 1.14 million Americans and 115,000 Canadians. Women accounted for 170,000 memberships in the two countries. A fifth or more of the total may have been retired members. The UAW ranks as the largest manufacturing union, ahead of the United Steelworkers, but behind three unions representing truckers, school teachers, and retail employees. Substantially all the blue-collar workers in the domestic auto industry have been organized, the vast majority by …

Conflict Resolution In Industrial Relations, Theodore J. St. Antoine

Book Chapters

Only about one-fifth of the American labor force is unionized. With certain important exceptions, therefore, no formal machinery exists to resolve the various disputes that arise between a majority of the country's workers and their employers. The exception, which will not be treated in detail in this study, relate to (1) the right to organize into unions, which has been protected in most of the private sector since 1935 by the National Labor Relations Act and in the public sector since the 1960s by federal law and regulation covering U.S. Government employees and by statutes in about thirty states covering …

Early Neutral Evaluation: The Second Phase, David I. Levine

Faculty Scholarship

No abstract provided.

Northern District Of California Adopts Early Neutral Evaluation To Expedite Dispute Resolution, David I. Levine

Faculty Scholarship

No abstract provided.

Cultural Neutrality: A Prerequisite To Arbitral Justice, Giorgio Bernini

Michigan Journal of International Law

In common parlance, neutrality is often equated with impartiality. Any such assimilation, however, would be incorrect, since neutrality and impartiality are intrinsically different. At the risk of oversimplification, neutrality may be defined as an objective status, i.e. the likelihood that the arbitrator will be, and remain, wholly equidistant in thought and action throughout the arbitral proceedings. Impartiality, on the contrary, partakes more of a subjective status, to be tested in the context of the concrete relations existing between the arbitrator(s) and each individual party. It follows that one can be impartial without being neutral; and conversely, that no arbitrator may …

The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick

Michigan Journal of International Law

As the concept of a unified European market becomes more of a reality as we approach 1992, talk of a "Fortress Europe" has heightened sensitivity on trade issues among officials of the United States and the European Community ("EC"). The EC's plan to ban the sale of meat treated with growth hormones within the Member-States has presented a trade issue disconcerting to both sides. This brewing tempest has raised many interesting legal issues involving the dispute settlement provisions set out in the Agreement on Technical Barriers to Trade ("Standards Code"). This note examines why the process failed to resolve, and …

How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb

Journal of Dispute Resolution

Mediation is one of the oldest and most ubiquitous forms of conflict resolution in American society and throughout the world. Traditionally a prominent adjunct to labor and international negotiation, mediation is now used in divorce, family, civil, consumer, commercial and employee relations, environmental planning and siting, and the development of governmental procedures and regulations.' As mediation has penetrated into these new areas of social life, curiosity about the practice of mediation, that is, what mediators actually do to bring about settlement, has increased.