The Parent Mediation Program – A Pathway To Cooperative Parenting,
2014
Massachusetts Office of Public Collaboration, University of Massachusetts Boston
The Parent Mediation Program – A Pathway To Cooperative Parenting, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston, Department Of Revenue Cse Division, Ma Community Mediation Centers
Office of Community Partnerships Posters
The Parent Mediation Program was established in 2008 as a state-local collaboration to raise awareness of mediation as a viable option for creating workable parenting plans and to mediate parenting issues for never-married, separated, divorced or separating parents across the state. The program aims to annually provide direct educational services to around 250-300 disputing parents, about 170-220 of whom will also receive mediation services.
Alternative Dispute Resolution Landscape: An Overview Of Adr In The Maryland Court System,
2014
University of Maryland Francis King Carey School of Law
Alternative Dispute Resolution Landscape: An Overview Of Adr In The Maryland Court System, Maryland Administrative Office Of The Courts, Center For Dispute Resolution At The University Of Maryland
C-DRUM Publications
No abstract provided.
The Art Of Racial Dissent: African American Political Discourse In The Age Of Obama,
2014
Chicago-Kent College of Law
The Art Of Racial Dissent: African American Political Discourse In The Age Of Obama, Kareem U. Crayton
Chicago-Kent Law Review
What does the art of dissent from a group look like in the context of race and politics? How does this element of political discourse resemble dissent in the more typical settings, such as the courts? And how might this brand of dissent be distinguished from the more common forms of the enterprise? In this piece, I develop a thesis of “racial dissent,” defined here as the act of speaking against a prevailing norm or principle within a given racial group. I outline a general argument for how racial dissent operates, including the review of structural pressures that racial dissenters …
How Lawyers Manage Intragroup Dissent,
2014
Chicago-Kent College of Law
How Lawyers Manage Intragroup Dissent, Scott L. Cummings
Chicago-Kent Law Review
This essay, adapted from the keynote speech for the conference, reflects upon how lawyers respond to dissent within social movements—over the goals of social change efforts and the means of pursuing them. Drawing upon case studies from the LGBT rights and labor contexts, it describes specific challenges to managing dissent within “top-down” and “bottom-up” lawyering models. From the top-down, it explores how lawyers in the California marriage equality movement addressed repeated legal challenges over litigation tactics. From the bottom-up, it describes how lawyers for a community-labor coalition dealt with competing conceptions of the public good in a campaign to stop …
Capital Defenders As Outsider Lawyers,
2014
Chicago-Kent College of Law
Capital Defenders As Outsider Lawyers, Kathryn A. Sabbeth
Chicago-Kent Law Review
What role can lawyers play in the internal disputes of a community to which they are outsiders? This essay highlights two core rationales for outsider intervention in support of internal dissent. It examines these rationales in the case of capital defenders from the U.S. North in the U.S. South. The position as an outsider can provide the will and freedom to launch direct attacks on injustice. Frequently, outsiders also bring superior resources for the fight. When outsiders engage in direct social critique, however, they can be accused of cultural imperialism. As an alternative, outsider lawyers can marshal indirect challenges, using …
Intragroup Discourse On Intragroup Protections In Muslim-Majority Countries,
2014
Chicago-Kent College of Law
Intragroup Discourse On Intragroup Protections In Muslim-Majority Countries, Asma T. Uddin
Chicago-Kent Law Review
Many Muslim-majority countries do not provide adequate protection for dissent of any sorts—religious, social, or political. In the realm of religious dissent, these countries persecute not just non-Muslims, but in fact, the persecution is harshest and most frequent against Muslim dissenters. This paper explores how protection for intragroup dissent in these countries is the first and most crucial step in protecting dissent more broadly and lays out both the current state of affairs and several avenues for reform.
The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review,
2014
Chicago-Kent College of Law
The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review, Lourdes Peroni
Chicago-Kent Law Review
This Article examines the ways in which one of the most established human rights courts—the European Court of Human Rights—encourages or discourages intragroup religious diversity when dealing with religious freedom claims. In particular, it critically assesses the Court’s attentiveness to internal group diversity by scrutinizing the objective filters that the Court employs to determine whether certain practices “count” as a manifestation of claimants’ religion for legal purposes. The Article argues that, at times, these filters are based on assumptions about religion and religious groups that impede recognition of more lived experiences of religion and internal group diversity. The Article further …
Dissenting In And Dissenting Out,
2014
Chicago-Kent College of Law
Dissenting In And Dissenting Out, Nancy Leong
Chicago-Kent Law Review
The intense legal and social preoccupation with the appearance of diversity and nondiscrimination both reflects and reinforces a process I call “identity capitalism.” Through that process, ingroup individuals and ingroup-dominated institutions derive value from outgroup identity. This process results in the commodification of outgroup identity, with negative consequences for both outgroup members and society. Outgroup members actively participate in the process of identity capitalism in various ways. In particular, they leverage their outgroup membership to derive social and economic value for themselves. I call such outgroup participants “identity entrepreneurs.” In this essay, I apply the framework of identity entrepreneurship to …
Criminal Liability Of Arbitrators In China: Analysis And Proposals For Reform,
2014
University of Washington School of Law
Criminal Liability Of Arbitrators In China: Analysis And Proposals For Reform, Duan Xiaosong
Washington International Law Journal
This article is prompted by a Chinese criminal provision governing the impartiality of arbitration. The goals of the article are to critically examine the criminal statute created by the provision and to put forward some proposals for reform, which can be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding United States provision as well as an analysis of some cultural and traditional …
Panel 1: Trends In International Mediation And Arbitration,
2014
Hughes Hubbard & Reed LLP
Panel 1: Trends In International Mediation And Arbitration, Hagit Elul, Ank Santens, Martin Gusy, Matthew Weldon
Cardozo Journal of International and Comparative Law
The symposium explores recent trends in international mediation and arbitration, focusing on the development of ethics guidelines and the challenges of obtaining interim relief. It highlights the growing need for standardized ethical frameworks and the evolving role of emergency arbitrators in addressing urgent disputes.
Panel 2: Practitioner Insights Into International Dispute Resolution,
2014
Neville Peterson LLP
Panel 2: Practitioner Insights Into International Dispute Resolution, John M. Peterson, Ruth Teitelbaum, Simeon Baum, Claudia Maffettone, Russell A. Semmel
Cardozo Journal of International and Comparative Law
The symposium explores the role of alternative dispute resolution (ADR) practices in addressing crosscultural and international legal disputes, emphasizing the importance of foundational ADR skills, cultural sensitivity, and innovative approaches like online platforms to facilitate dialogue. It highlights how ADR methods, such as mediation and arbitration, navigate the complexities of crossborder disputes, offering a more flexible and effective alternative to traditional litigation.
Nudging Cross-Border Mediation Forward,
2014
Singapore Management University
Nudging Cross-Border Mediation Forward, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, nudging as a way to help people make good decisions is explained in the context of mediation.
Conflating Politics And Development? Examining Investment Treaty Arbitration Outcomes,
2014
American University Washington College of Law
Conflating Politics And Development? Examining Investment Treaty Arbitration Outcomes, Susan Franck
Scholarly Articles in Law Reviews & Journals
International dispute settlement is an area of ongoing evaluation and tension within the international political economy. As states continue their negotiations for the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), the efficacy of international arbitration as a method of dispute settlement remains controversial. Whereas some sing its praises as a method of protecting private property interests against improper government interference, others decry investment treaty arbitration (ITA) as biased against states. The literature has thus far not disentangled how politics and development contribute to investment dispute outcomes. In an effort to control for the effect of internal …
Exceeding Their Powers: A Critique Of Stolt-Nielsen And Manifest Disregard, And A Proposal For Substantive Arbitral Award Review,
2014
Washington and Lee University School of Law
Exceeding Their Powers: A Critique Of Stolt-Nielsen And Manifest Disregard, And A Proposal For Substantive Arbitral Award Review, Patrick Sweeney
Washington and Lee Law Review
No abstract provided.
Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions,
2014
Texas A&M University School of Law
Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter Reilly
Faculty Scholarship
According to the U.S. Department of Justice (“DOJ”), deferred prosecution agreements are said to occupy an “important middle ground” between declining to prosecute on the one hand, and trials or guilty pleas on the other. A top DOJ official has declared that, over the last decade, the agreements have become a “mainstay” of white collar criminal law enforcement; a prominent criminal law professor calls their increased use part of the “biggest change in corporate law enforcement policy in the last ten years.”
However, despite deferred prosecution’s apparent rise in popularity among law enforcement officials, the article sets forth the argument …
From Integration To Multiculturalism: Dr. King's Dream Fifty Years Later,
2014
Pepperdine University
From Integration To Multiculturalism: Dr. King's Dream Fifty Years Later, Al Sturgeon
Pepperdine Dispute Resolution Law Journal
The author offers information on transformation from integration to multiculturalism in the U.S. He states that tolerance became a popular term following the victories achieved in the Civil Rights Era and choice between segregation and integration was a familiar topic of the Era. He mentions that a call for integration to the multiculturalism movement underlies an attempt to move beyond legal recognition to an appreciation of differences.
The English Approach To Compétence-Compétence,
2014
Pepperdine University
The English Approach To Compétence-Compétence, Ozlem Susler
Pepperdine Dispute Resolution Law Journal
The article examines the Great Britain legislation and practice in compétence-compétence and provides an overview of British approach to arbitral jurisdiction. It states that there are two effects of the principle of compétence-compétence, the positive effect permit arbitral tribunals to make a ruling on their own jurisdiction to hear the dispute and negative effect restricts court to provide the tribunal an opportunity to determine its own jurisdiction.
Sino-American Contract Bargaining And Dispute Resolution,
2014
Pepperdine University
Sino-American Contract Bargaining And Dispute Resolution, Garrick Apollon
Pepperdine Dispute Resolution Law Journal
The article offers information on international trade disputes between the U.S. and China. Topics include economic interdependency of Sino-American trade, cross-legal and cross-cultural relationships between the U.S. and China, and the historical and cultural preference for Alternative Dispute Resolution (ADR) in China. Other topics include learning of cross-cultural management and international business negotiation.
Today's Children, Tomorrow's Protectors: Purpose And Process For Peer Mediation In K-12 Education,
2014
Pepperdine University
Today's Children, Tomorrow's Protectors: Purpose And Process For Peer Mediation In K-12 Education, Raija Churchill
Pepperdine Dispute Resolution Law Journal
The article offers information on the evolution, development, and role for peer mediation programs (PMPs) in K-12 education (kindergarden-12th class education), which acts as a dispute resolution tool that provides training to students assisting in mediation of conflicts in their schools in the U.S. It examines the effectiveness of the PMPs' for training students related to achievement of educators' goal to derive safety in the U.S. schools.
“Final” Awards Reconceptualized: A Proposal To Resolve The Hall Street Circuit Split,
2014
Pepperdine University
“Final” Awards Reconceptualized: A Proposal To Resolve The Hall Street Circuit Split, Matthew J. Brown
Pepperdine Dispute Resolution Law Journal
This article discusses the current circuit split over the continued validity of manifest disregard of the law (“manifest disregard”) as a nonstatutory ground for vacatur of arbitration awards under the Federal Arbitration Act (“FAA”). Today, as commercial parties decide whether to include arbitration agreements in their business contracts, they weigh the risks of proceeding to arbitration versus litigation to resolve their disputes. This topic is especially pertinent in light of the current economic climate. Dicta from the U.S. Supreme Court’s decision in Hall Street Associates, L.L.C. v. Mattel, Inc. called into question the continued validity of nonstatutory grounds for vacatur. …
