Bride-Burning: The "Elephant In The Room" Is Out Of Control ,
2012
Pepperdine University
Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani
Pepperdine Dispute Resolution Law Journal
This article is an attempt to answer the question of why the practice of bride-burning continues and propose alternative ways to not only look at the problem, but also to define workable solutions. It is only via a thorough conflict analysis of this complex issue that the world might rein in a problem that is clearly out of control in this day and age. Section II examines the origins of bride-burning, its continued practice, and societal ramifications. Section III analyzes some of the current and proposed efforts in place for banning bride-burning and punishing those who illegally engage in this …
Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom ,
2012
Pepperdine University
Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers
Pepperdine Dispute Resolution Law Journal
This paper reports on the final phase of a three-year study into the role of lawyers in the development of Alternative Dispute Resolution (ADR) following the implementation of the Civil Procedure Rules in 1999 and draws comparisons between US and Canadian studies. The paper centres on the use of mediation, which is recognised as the pre-eminent ADR process in the UK. Data are analysed from 30 interviews with specialist commercial and construction-related lawyers who have utilised mediation in the dispute resolution process. Interviewees were selected from respondents to a national survey of lawyers specializing in commercial and construction-related practice. Whereas …
International Arbitral Appeals: What Are We So Afraid Of? ,
2012
Pepperdine University
International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason
Pepperdine Dispute Resolution Law Journal
This article will explore the advantages of instituting appellate mechanisms in investor-state disputes and international commercial arbitration. Part II begins with a review of the WTO Appellate Body's development and workings, followed by an analysis of other appellate procedures for international trade law arbitration, including the MERCOSUR system's Permanent Court and the Grain and Feed Trade Association's appeals process. Part III examines the current methods for reviewing investor-state arbitration awards under ICSID and NAFTA. Part III goes on to advocate for the creation of an Appeals Facility, separate from current arbitral institutions, which would be empowered to hear appeals in …
Who Killed The Friendly Settlement? The Decline Of Negotiated Resolutions At The European Court Of Human Rights ,
2012
Pepperdine University
Who Killed The Friendly Settlement? The Decline Of Negotiated Resolutions At The European Court Of Human Rights , Gregory S. Weber
Pepperdine Dispute Resolution Law Journal
The "Friendly Settlement"--the negotiated settlement of cases at the European Court of Human Rights--is on the decline. The Friendly Settlement's decline will likely provoke mixed sentiments in the international human rights camp. Some may applaud the development, including those who believe that only judgments by the Court are likely to chastise member states sufficiently and to announce standards of conduct for other states to follow. But others may shed more than a few mournful tears. An active settlement program can help reduce the Court's huge case backlog and give complaining parties a faster, and often more generous, measure of resolution …
Separation Of Religion And State In Japan: A Pragmatic Interpretation Of Articles 20 And 89 Of The Japanese Constitution,
2012
University of Washington School of Law
Separation Of Religion And State In Japan: A Pragmatic Interpretation Of Articles 20 And 89 Of The Japanese Constitution, Andrew B. Van Winkle
Washington International Law Journal
Article 20 of Japan’s Constitution establishes freedom of religion. To protect this freedom, the provisions of Articles 20 and 89 separate religion from the state to prevent the return of State Shintō. Despite this separation, the Japanese Supreme Court has consistently upheld instances where state entities interact with religious groups. These decisions have raised the ire of numerous academics and legal professionals in and out of Japan who believe that Japan’s constitutional separation requires absolute separation, or at least something more stringent than the Supreme Court has been willing to find. Although this comment rejects the approach taken by the …
Why Land Tenure Reform Is The Key To Political Stability In Tonga,
2012
University of Washington School of Law
Why Land Tenure Reform Is The Key To Political Stability In Tonga, Kersti Harter Kennedy
Washington International Law Journal
The Kingdom of Tonga, a South Pacific country, erupted in violent pro-democracy riots in late 2006 after decades of political unease. Tonga’s people are divided into two main classes: the nobles and the commoners. These two classes have long differed in political and land rights in a hierarchy that is typical of chiefdoms such as Tonga. Tonga’s government has attempted to deal with the sometimes violent, commoner-led pro-democracy movement by amending its Constitution to allow commoners to vote for more of the members of the Legislative Assembly. The resulting government and the noblemen have not, however, shown a commitment to …
A Battle Between Law And Society In Micronesia: An Example Of Originalism Gone Awry,
2012
University of Washington School of Law
A Battle Between Law And Society In Micronesia: An Example Of Originalism Gone Awry, Brian Z. Tamanaha
Washington International Law Journal
Two conceptions of the relationship between law and society appear to compete: the idea that law mirrors society and the notion that a gap exists between law and society. Both ideas have some truth—law is an imperfect mirror of society. For various reasons, law and society can fall out of sync or even come into conflict. The 1975 Constitutional Convention, which led to the formation of the Federated States of Micronesia (“FSM”), marked the beginning of a battle between that society and its legal institutions. The Constitution’s framers strove to preserve traditional Micronesian culture by ensuring it a respected place …
Protecting The Children Of The World: A Proposal For Tracking Convicted Sex Offenders Internationally,
2012
University of San Diego
Protecting The Children Of The World: A Proposal For Tracking Convicted Sex Offenders Internationally, Nicole J. Smith
San Diego International Law Journal
This comment will compare and contrast the laws governing sex offenders in the United States and European Union and address the current obstacles in establishing a comprehensive international law about sex offenders. Finally, this comment will propose a global sex offender registry to allay the problem of sex offenders in the international community.
Cyberbullying: What's The "Status" In England?,
2012
University of San Diego
Cyberbullying: What's The "Status" In England?, Krupa A. Patel
San Diego International Law Journal
This comment will explore the growing concern of cyberbullying and will highlight the need for the English Parliament to create its own national anti-cyberbullying legislation, or to incorporate this activity into existing laws as a preventative measure. Part II will define cyberbullying, highlight the various ways in which cyberbullying differs from traditional forms of bullying, and explore specific forms and mediums of cyberbullying to underscore the difficulty in regulating such actions through the law. It will also include illustrative examples of cyberbullying incidents. Part III explores the current laws that English prosecutors are attempting to use to penalize those who …
The Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A.,
2012
William & Mary Law School
The Burka Ban: Divergent Approaches To Freedom Of Religion In France And In The U.S.A., Ioanna Tourkochoriti
William & Mary Bill of Rights Journal
Six years after prohibiting the wearing of headscarves by students in public schools, the French state passed a law prohibiting the wearing of burkas in public places. Compared to France, in the United States there is more tolerance for wearing signs of religious affiliation. The difference in legal responses can be understood in reference to a different background understanding of the fundamental presuppositions of republicanism in the two legal and political orders, which also define their conception of secularism. The law enacted in France can be understood in a general frame of a paternalistic state, which is seen as permitted …
The Brave New World Of Lawyers In Japan Revisited: Proceedings Of A Panel Discussion On The Japanese Legal Profession After The 2008 Financial Crisis And The 2011 Tōhuku Earthquake,
2012
University of Washington School of Law
The Brave New World Of Lawyers In Japan Revisited: Proceedings Of A Panel Discussion On The Japanese Legal Profession After The 2008 Financial Crisis And The 2011 Tōhuku Earthquake, Bruce E. Aronson
Washington International Law Journal
In the United States, the 2008 financial crisis had a serious impact on a legal profession that had been growing strongly for three decades, highlighting fundamental issues concerning the business and educational models of both law firms and law schools. This raises the interesting question of how Japan, with its much shorter history of large law firms and professional law schools, has been affected by the 2008 financial crisis and the 2011 Tōhoku earthquake, tsunami, and nuclear reactor crisis. At a recent conference sponsored by the University of Washington School of Law and the law firm of Perkins Coie, a …
Malaysia's World Trade Organization Challenge To The European Union's Renewable Energy Directive: An Economic Analysis,
2012
University of Washington School of Law
Malaysia's World Trade Organization Challenge To The European Union's Renewable Energy Directive: An Economic Analysis, Michael W. Meredity
Washington International Law Journal
Recent negotiations between Malaysia and the European Union (“EU”), aimed at establishing a free trade agreement, have come to a standstill, due in part to a policy implemented by the EU known as the Renewable Energy Directive. The Renewable Energy Directive grants a tax credit to renewable fuel sources that emit at least 35% less greenhouse gas than traditional fossil fuels. Malaysian officials have criticized the 35% level included in the EU policy because it grants a tax credit to rapeseed oil biofuel, produced mainly in Europe (which emits 38% less greenhouse gas than traditional fossil fuels), but does not …
Sham Of The Moral Court? Testimony Sold As The Spoils Of War,
2012
Singapore Management University
Sham Of The Moral Court? Testimony Sold As The Spoils Of War, Mark Findlay, Sylvia Ngane
Research Collection Yong Pung How School Of Law
This paper analyses the critical influences on witness-based truth-telling for judicial decision-making in the international criminal tribunals. The judicial fixation on witness testimony reflects the weight and legitimacy given to personal testimony before international courts. This weight must be balanced by the awareness that a witness may provide false testimony intentionally, or may be coaxed by third parties to provide such testimony, as has been evidenced recently before the ICC. If witness testimony is tainted then its capacity to endorse the truth-finding function of the court is compromised. As a consequence the ability to assert that the tribunal is a …
The Increased Use Of "Reconciliation" In Criminal Cases In Central Asia: A Sign Of Restorative Justice, Reform Or Cause For Concern?,
2012
Texas A&M University School of Law
The Increased Use Of "Reconciliation" In Criminal Cases In Central Asia: A Sign Of Restorative Justice, Reform Or Cause For Concern?, Cynthia Alkon
Pepperdine Dispute Resolution Law Journal
Reconciliation, defined in Section VI below, provides the most common alternative to criminal prosecutions in Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan. This article attempts to define and describe the different forms of reconciliation processes in these Central Asian countries. Section IV briefly examines the history, economies, governments, and legal systems including an outline of the criminal procedure of each country. For comparative purposes, Section V briefly examines the development of alternatives to criminal prosecution (generally known as restorative justice) in western nations, by considering the proponents for change, the underlying core values and ethical guidelines, and the types of cases that …
Comparative Law As Rhetoric: An Analysis Of The Use Of Comparative Law In International Arbitration ,
2012
Pepperdine University
Comparative Law As Rhetoric: An Analysis Of The Use Of Comparative Law In International Arbitration , Frédéric Gilles Sourgens
Pepperdine Dispute Resolution Law Journal
The bulk of the comparative work of an arbitration counsel will go towards finding effective means of persuading a tribunal. It is part of his advocacy tool kit. Typically, there are three distinct ways in which counsel would then deploy these tools in practice: (1) he could use comparative law to explain law foreign to the tribunal in a manner helpful to his case, (2) he could use it as a means to close legal gaps in the law applicable to the dispute, and (3) he could use it to extract general principles of international law or trade usages. This …
East Meets West: An International Dialogue On Mediation And Med-Arb In The United States And China,
2012
Pepperdine University
East Meets West: An International Dialogue On Mediation And Med-Arb In The United States And China, Thomas J. Stipanowich, Jung Yang, Jay Welsh, Chen Qiming, Peter Robinson, Tan Jinghui, Chen Guang, Jeff Kichaven, Denise Madigan, Wang Hongsong, Zhang Jianhua
Pepperdine Dispute Resolution Law Journal
This Second Beijing Arbitration Commission (BAC)/Straus Institute for Dispute Resolution International Videoconference, following up on last year's successful inaugural program, will provide different perspectives on the current BAC initiative and evolving attitudes toward mediation and med-arb. Topics include: (1) the development and current state of business mediation in the U.S.; (2) the challenges and opportunities confronting China in developing stand-alone business mediation; (3) reflections on the skills necessary for mediators; (4) common pitfalls in mediation; (5) perspectives on med-arb (as opposed to stand-alone mediation); and (6) how to most effectively use mediation in conjunction with arbitration procedures.
Victorious Youth In Peril: Analyzing Arguments Used In Cultural Property Disputes To Resolve The Case Of The Getty Bronze,
2012
Pepperdine University
Victorious Youth In Peril: Analyzing Arguments Used In Cultural Property Disputes To Resolve The Case Of The Getty Bronze, Alexander Mackintosh Ritchie
Pepperdine Dispute Resolution Law Journal
There has been a great deal of press in the recent years concerning the illegal exportation of cultural objects, their illicit sale to museums and private collectors, and the arguments that would compel either the return or restitution of such objects. This article will offer an introduction to this area including the current law and arguments by focusing the dispute surrounding a tremendous cultural asset, currently owned and residing in the United States-the Getty Bronze. The status of the statue is in question because the Italian authorities are claiming that the statue was illegally exported and, therefore, could not be …
The Institutional Role In Arbitrating Patent Disputes,
2012
Pepperdine University
The Institutional Role In Arbitrating Patent Disputes, Murray Lee Eiland
Pepperdine Dispute Resolution Law Journal
This paper will address, in particular, the nature of an international patent dispute and how the rules of the main arbitral institutions influence the unfolding arbitration. The main issue considered here is if institutional rules address the particular needs of patent disputes. Arbitral institutions are prepared to resolve many kinds of disputes, but because they operate under different rules, some may be more or less prepared for the special nature of IP. Patent related disputes are even more specialized. Even small differences in institutional rules can have a large impact upon the unfolding arbitration. After a brief consideration of arbitrability, …
Paving The Road To A More Free World: Adr As Sustainable Development - A Look At Bangladesh ,
2012
Pepperdine University
Paving The Road To A More Free World: Adr As Sustainable Development - A Look At Bangladesh , Amadea M. Goresh
Pepperdine Dispute Resolution Law Journal
In this paper, I will look at the sustainable impact that Alternative Dispute Resolution (ADR) programs are having in the third world by examining one such nation in particular, the country of Bangladesh. Due to its historical problems combating poverty and corruption, Bangladesh has uniquely devised alternative, extra judicial means of resolving conflict. I will begin by looking at the current state of affairs of the country's government and judicial systems. Next, I will examine the nation's distinctive dispute resolution mechanism, known as shalish, and then discuss the pivotal role non-governmental organizations (NGOs) are playing in adapting the traditional ADR …
Culture In International Parental Kidnapping Mediations,
2012
Pepperdine University
Culture In International Parental Kidnapping Mediations, Melissa A. Kucinski
Pepperdine Dispute Resolution Law Journal
Mediating an international parental kidnapping case involves much more than knowing some family law-it involves complex emotions, strict time constraints, multiple nations' laws and policies, intricate international treaties, juggling interpreters, attorneys, government officials, judges, and parents who may be physically located thousands of miles apart, and the blunt reality that you may have no understanding of either parent's cultural customs or the way each will communicate with the other parent or with you. While the "culture" part of the mediation may appear to be the least significant element, it could be key to the success of the mediation. Nonetheless, "culture" …
