Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims, Jean R. Sternlight
Congressional Testimony
Testimony of Professor Jean R. Sternlight to the Senate Judiciary Committee, arguing for the passage of the Arbitration Fairness Act of 2013.
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws,
2013
Seattle University School of Law
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown
Seattle Journal for Social Justice
No abstract provided.
To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site,
2013
Seattle University School of Law
To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day
Seattle Journal for Social Justice
No abstract provided.
Let Us Reason Together: The Role Of Process In Effective Mediation,
2013
Pepperdine University
Let Us Reason Together: The Role Of Process In Effective Mediation, Howard W. Cummins
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Self-Government And The Judicial Function,
2013
Benjamin N. Cardozo School of Law
Self-Government And The Judicial Function, David Rudenstine
Articles
No abstract provided.
The Varieties Of Individual Engagement (Vie) Scales: Confirmatory Factor Analyses Across Two Samples And Contexts,
2013
University of Nebraska Public Policy Center
The Varieties Of Individual Engagement (Vie) Scales: Confirmatory Factor Analyses Across Two Samples And Contexts, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Shiyuan Wang, Rebecca Harris, Jayme Neiman, Alan Tomkins
Lisa PytlikZillig Publications
The field of public engagement, participation and deliberation is fraught with conflicting results that are difficult to interpret due to the very different methods and measures used. Theory advancement and consistent operationalization and assessment of key public deliberation and engagement variables will benefit considerably from standardized measures of constructs and the ability to compare across studies. In this article, drawing from social and educational psychology, we describe the theoretical bases for scales assessing eight varieties of participant engagement that may be experienced during participation activities: Active learning, conscientious, uninterested, creative, open-minded, closed-minded, angry, and social engagement. We describe our development …
Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64,
2013
Nevada Law Journal
Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64, Whitney E. Short
Nevada Supreme Court Summaries
The Court determined three issues: (1) whether the district court had the authority to dismiss the complaint pursuant to NRS 38.310;2 (2) whether the district court erred in dismissing all seven claims (preliminary/permanent injunction, negligence, breach of contract, violation of NAC 116.300,3 violation of NAC 116.341,4 violation of NRS 116.1113 and 116.3103, and slander of title/wrongful foreclosure/quiet title) subject to NRS 38.310; and (3) whether the district court erred in setting aside the default judgment against Design 3.2.
Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71,
2013
Nevada Law Journal
Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71, Patrick Opdyke
Nevada Supreme Court Summaries
The Court determined whether a district court order for judicial review of foreclosure mediation and remanding for further mediation is final and appealable, or whether it is not final and not appealable.
C-Drum News, Fall 2013,
2013
University of Maryland Francis King Carey School of Law
Constitutional Conundrums In Arbitration: Book Review Of Arbitration And The Constitution,
2013
University of Missouri School of Law
Constitutional Conundrums In Arbitration: Book Review Of Arbitration And The Constitution, S. I. Strong
Faculty Publications
The combination of arbitration and constitutional law is the topic of Professor Peter Rutledge's new book, and the focus of this review essay, which will consider, among other things, whether these two subjects are compatible.
Tricky Business: A Decision-Making Framework For Legally Sound, Ethically Suspect Business Tactics,
2013
University of Denver
Tricky Business: A Decision-Making Framework For Legally Sound, Ethically Suspect Business Tactics, Corey A. Ciocchetti
Cardozo Public Law, Policy & Ethics Journal
Trick: "a crafty or underhanded device, maneuver, stratagem, or the like, intended to deceive or cheat." Tricks are designed to outwit others in a cunning and skillful manner. Despite well-written, philosophically sound codes of ethics and core values, businesses are not above employing tricky tactics to suit their pecuniary interests. These strategies often involve the legal system as the outwitted ask courts to vindicate their rights. However, the most successful tricks are skillfully crafted to survive legal scrutiny. This Article evaluates three tricky business tactics found lawful by the United States Supreme Court during its most recent term. The Article …
Lessons From Teaching Students To Negotiate Like A Lawyer,
2013
University of Missouri School of Law
Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande
Faculty Publications
This article reports my observations from teaching those courses and offers suggestions for future efforts to improve legal education. My experience supports the (1) focus on negotiation in a wide range of situations in addition to the final resolution of disputes and transactions, (2) addition of "ordinary legal negotiation" to the two traditional theories of negotiation, and (3) use of multi-stage simulations in addition to traditional single-stage simulations. These approaches were critical in providing students with a more realistic understanding of negotiation. This article also describes experiments with other teaching techniques in my courses.
Guidance On Representative Actions: Koh Chong Chiah And Others V Treasure Resort Pte Ltd [2013] Sgca 52,
2013
Singapore Management University
Guidance On Representative Actions: Koh Chong Chiah And Others V Treasure Resort Pte Ltd [2013] Sgca 52, Eunice Chua
Research Collection Yong Pung How School Of Law
In Koh Chong Chiah and others v Treasure Resort Pte Ltd,1 the Court of Appeal issued acomprehensive judgment outlining when representative actions may be brought pursuant toO 15 r 12 of the Rules of Court,2 which provides that:Where numerous persons have the same interest in any proceedings, … theproceedings may be begun, and, unless the Court otherwise orders, continued, by oragainst any one or more of them as representing all or as representing all except oneor more of them [emphasis added].
‘Translating The Terrain’ Over Cultural Myths And Mistaken Assumptions,
2013
University of Cincinnati College of Law
‘Translating The Terrain’ Over Cultural Myths And Mistaken Assumptions, Marjorie Corman Aaron
Faculty Articles and Other Publications
Lawyers must recognize that, outside of the legal practice, people lack shared knowledge about its workings. Thus, the “lawyer-translator” must supply basic, missing knowledge of legal process, practice, and culture for her words to make sense. Without some of that knowledge, the lawyer’s words lack meaning.
Mobil V. Canada – Ratcheting Down The Scope Of Treaty Reservations,
2013
Columbia Law School, Columbia Center on Sustainable Investment
Mobil V. Canada – Ratcheting Down The Scope Of Treaty Reservations, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
As part of States’ efforts to strike a balance in their international investment agreements (IIAs) between the obligations they assume and the rights and policy space they wish to retain, some adjoin annexes to their treaties to protect their ability to take “Non-Conforming Measures” (NCMs). States have generally: used such annexes to make exceptions to non-discrimination obligations, market access restrictions and performance requirements; have included the ability to grandfather in NCMs existing at the time an IIA enters into force; and have provided for the ability to maintain, amend, and enact new NCMs in specifically identified sectors, sub-sectors, activities, or …
Chief Justice Of Samoa Launches Mediation Rules,
2013
Singapore Management University
Chief Justice Of Samoa Launches Mediation Rules, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the launch of Samoa’s Mediation Rules 2013 by His Honour Patu Tiava’asue Falefatu Sapolu is presented.
New Uncitral Arbitration Rules On Transparency: Application, Content And Next Steps,
2013
Columbia Law School, Columbia Center on Sustainable Investment
New Uncitral Arbitration Rules On Transparency: Application, Content And Next Steps, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
This paper discusses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, which were adopted in August of 2013 and went into effect on April 1, 2014. It draws on negotiating history to elaborate on the content of and purpose of each of the Rules’ provisions, and identifies options for and barriers to applying these Rules in future arbitrations.
Engineering Peace: Achieving The Promise Of Mediation In The World’S Most Difficult Conflicts,
2013
Singapore Management University
Engineering Peace: Achieving The Promise Of Mediation In The World’S Most Difficult Conflicts, Nadja Alexander
Research Collection Yong Pung How School Of Law
The first of a series of four blog postings on the Kluwer Mediation Blog calls for more use of mediation for conflict avoidance and prevention purposes on the global level.
Managed Cooperation In A Post-Sago Mine Disaster World,
2013
Appalachian School of Law
Managed Cooperation In A Post-Sago Mine Disaster World, Patrick R. Baker
Pace Law Review
This article proposes a Commission mandated mediation process that will offer a solution to the case backlog that prevents regulatory capture while promoting managed cooperation and communication toward a common goal: safety. While the Commission has implemented new rules, procedures, and steps that have helped the backlog, these improvements have only addressed the symptoms and not the cause. Currently, the solutions have focused on how to reduce the case backlog, instead of creating a system that allows for communication and cooperation, while ensuring compliance and safety. While there has been disagreement as to whether or not the case backlog undermines …
Mlb Calendar 2013-2014,
2013
University of Notre Dame
