Happiness At The House Of Mouse: How Disney Negotiates To Create The "Happiest Place On Earth",
2012
Ohio Northern University
Happiness At The House Of Mouse: How Disney Negotiates To Create The "Happiest Place On Earth", Lauren A. Newell
Law Faculty Scholarship
Poets rhapsodize about it, the Beatles sing about it, philosophers debate it, psychologists study it, and chocolate induces it. Disney, on the other hand, claims title to it: happiness. This Article examines, in the context of Roger Fisher and Daniel Shapiro's "Core Concerns" framework and general negotiation theory, the degree to which The Walt Disney Company creates happiness for those at the Walt Disney World Resort, particularly Walt Disney World's guests and cast members. It begins with a brief discussion of happiness and of negotiation theory. This Article next examines how Disney creates at Walt Disney World a negotiating environment …
Bargaining Without Law,
2012
University of Maryland School of Law
Bargaining Without Law, Robert J. Condlin
Faculty Scholarship
Like a professional athlete on growth hormones, legal bargaining scholarship has transformed itself over the years. Once an amateurish assortment of war stories and folk tales, now it is a hulking behemoth of social science surveys and studies. There is a lot to like in this transformation. Much of the new writing is insightful, sophisticated, and spirited, with things to tell even the most experienced bargainer. But it also is missing something important: law. Bargaining scholars now routinely write about dispute settlement as if the strength of the parties’ competing legal claims is of no consequence. Rarely do they discuss …
Narrative And Drama In The American Trial,
2012
Northwestern University School of Law
Narrative And Drama In The American Trial, Robert P. Burns
Faculty Working Papers
This short essay summarizes an understanding of the trial as a medium in which law is realized or actualized, rather than imposed or enforced. It suggests that we should pay close attention to the actual practices that prevail at trial, its "consciously structured hybrid" of languages and practices, if we want to understand the nature of law.
Arbitrations In Florida: A Tale Of Two Courts,
2012
JAMS, The Resolution Experts
Arbitrations In Florida: A Tale Of Two Courts, Juan Ramirez Jr.
St. Thomas Law Review
The Federal Arbitration Act ("FAA") was enacted in 1925 in response to widespread judicial hostility to arbitration agreements. It is evident from a number of decisions issuing out of Florida courts that this judicial hostility endures. A frequently stated goal of arbitration is the fast and efficient resolution of disputes, but decisions that refuse to enforce such agreements undermine predictability and embroil the litigants in court proceedings that delay and drive up the cost of deciding disputes. During the last two years, the arbitration profession has gained five staunch supporters. They also comprise a majority of the United States Supreme …
The Neurophysiology Of Adr And Process Design: A New Approach To Conflict Prevention And Resolution?,
2012
Neuroawareness Consulting Services, Inc.
The Neurophysiology Of Adr And Process Design: A New Approach To Conflict Prevention And Resolution?, Jeremy Lack, François Bogacz
Cardozo Journal of Conflict Resolution
Neurobiology seems to be popping up everywhere. It is being taught in leadership conferences, sales and marketing seminars, management meetings, business schools, and increasingly in law schools and bar associations. The cover of the American Bar Association's Summer 2011 Dispute Resolution Magazine was dedicated to the topic of "Neuroscience and Negotiation." In it, Professor Richard Birke observes that "Neuroscience is everywhere." Is it a new fad or a fundamental awakening, providing new insights for the legal profession?
Culpa In Contrahendo In European Private International Law: Another Look At Article 12 Of The Rome Ii Regulation,
2012
Northwestern Pritzker School of Law
Culpa In Contrahendo In European Private International Law: Another Look At Article 12 Of The Rome Ii Regulation, Najib Hage-Chahine
Northwestern Journal of International Law & Business
Precontractual liability is liability that arises out of a harmful conduct that occurs during the formation period of a contract. Where the harmful conduct occurs during international negotiations, a conflict of laws issue arises. The determination of the applicable law to precontractual liability can be a complex and tedious task, which is why the European Legislature has provided a special conflict-of-law rule in Article 12 of the Rome II Regulation on the applicable law to non-contractual obligations. Through this provision, the European Legislature aims to achieve uniformity between EU Member States, while providing an appropriate conflicts rule. The present essay …
The Role Of Precedent In Defining Res Judicata In Investor–State Arbitration,
2012
Northwestern Pritzker School of Law
The Role Of Precedent In Defining Res Judicata In Investor–State Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra
Northwestern Journal of International Law & Business
As international arbitration, and investment arbitration in particular, becomes more prevalent, the risks of doctrinal fragmentation also increase, in part driven by the disparate treatment of the doctrine of res judicata throughout most jurisdictions, and in the arbitration context. Notwithstanding the general consensus regarding the broad contours of res judicata and its firm position as a principle of international law, there is little agreement regarding how it is to be administered. These developments threaten to undermine the international arbitration system, wresting from it normative legitimacy. The U.S. common law version of res judicata, which is distinct from res judicata as …
Party Autonomy And Access To Justice In The Uncitral Online Dispute Resolution Project,
2012
Univ. Prof. & Dir. Of the Center for International Legal Education, School of Law, University of Pittsburgh
Party Autonomy And Access To Justice In The Uncitral Online Dispute Resolution Project, Ronald A. Brand
Loyola University Chicago International Law Review
No abstract provided.
Faa Law, Without The Activism: What If The Bellwether Cases Were Decided By A Truly Conservative Court,
2012
University of Missouri School of Law
Faa Law, Without The Activism: What If The Bellwether Cases Were Decided By A Truly Conservative Court, Richard C. Reuben
Faculty Publications
The U.S. Supreme Court has decided an extraordinary number of cases under the Federal Arbitration Act in the last half century, a pattern that continues today at the pace of a case or two a year. During this time, Republican presidential candidates have made much political hay out of the Supreme Court, running against the Warren Court’s “liberal activism” by promising to appoint judges who would decide cases more conservatively. In this article, I analyze whether this promise has been fulfilled in the context of the Supreme Court’s FAA jurisprudence by identifying the core principles of judicial conservatism – restraint, …
Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps,
2012
University of Missouri School of Law
Navigating The Borders Between International Commercial Arbitration And U.S. Federal Courts: A Jurisprudential Gps, S. I. Strong
Faculty Publications
This article provides just that sort of guide, outlining the various ways in which U.S. federal courts can become involved in international commercial arbitration and introducing both basic and advanced concepts in a straightforward, practical manner. However, this article provides more than just an overview. Instead, it discusses relevant issues on a motion-by-motion basis, helping readers find immediate answers to their questions while also getting a picture of the field as a whole. Written especially for busy lawyers, this article gives practitioners, arbitrators and new and infrequent participants in international commercial arbitration a concise but comprehensive understanding of the unique …
Dispute Resolution As A Part Of Your Merger Or Your Acquisition Agreement,
2012
Mesirow Financial Consulting, LLC.
Dispute Resolution As A Part Of Your Merger Or Your Acquisition Agreement, Kenneth Mathieu, Vincent (Trace) P. Schmeltz Iii
Michigan Business & Entrepreneurial Law Review
Often overlooked until invoked, the dispute resolution provisions of an acquisition agreement frequently mirror the terms of a lawyer’s last deal. Yet such provisions—including purchase price adjustment clauses, the terms of governing earn-out disputes, and the contract sections outlining the indemnification claims process—often have long-term economic ramifications on the buyers and sellers. In working with corporate lawyers over the years, we have noted that corporate lawyers understand (and give intense thought to) the leverage their clients have, what their clients hope to accomplish in a transaction, and what makes long-term economic sense in drafting an agreement and negotiating more advantageous …
Disputing Arbitration Clauses In International Insurance Agreements: Problems With The Self-Execution Framework,
2012
Pace University
Disputing Arbitration Clauses In International Insurance Agreements: Problems With The Self-Execution Framework, Michael J. Ritter
Pace International Law Review Online Companion
This Article argues that the self-execution framework that courts have adopted—and scholars have endorsed—in addressing whether McCarran-Ferguson enables states to reverse preempt the New York Convention is inadequate. First, the Article addresses the interpretive question: what is an “Act of Congress” under McCarran-Ferguson? By examining whether a treaty is self or non-self-executing, courts discard proper methods of statutory interpretation. Second, the Article argues that courts have failed to satisfactorily transpose the self-execution doctrine—which has been relevant only in determining whether a treaty confers a legally enforceable right in the U.S.—into the context of the conflict between McCarran-Ferguson and the New …
The Public Interest In International Arbitration,
2012
University of Miami School of Law
The Public Interest In International Arbitration, Jan Paulsson
Articles
No abstract provided.
Law – Made In Germany: Global Standort Or Global Standard?,
2012
University of Baltimore School of Law
Law – Made In Germany: Global Standort Or Global Standard?, James Maxeiner
All Faculty Scholarship
Earlier this year the Federal Ministry of Justice released the second edition of the brochure, Law - Made in Germany. For those readers who do not know the brochure, it is the product of an umbrella group of German professional organizations known as the Bündnis für das deutsche Recht. A purpose of the Bündnis, as stated at its founding in 2008, and of the brochure, is to improve the position of German law in the ― "international competition of legal systems" (internationalen Wettbewerb der Rechtsordnungen). Catalyst for founding of the Bündnis and for publication of Law - Made in Germany …
Election Law And Civil Discourse: The Promise Of Adr,
2012
University of Kentucky College of Law
Election Law And Civil Discourse: The Promise Of Adr, Joshua A. Douglas
Law Faculty Scholarly Articles
This Article was the result of a Symposium that explored the potential promises of alternative dispute resolution (“ADR”) for resolving election law disputes. Both election law and ADR scholars opined on how ADR can help to achieve various goals for deciding contentious election law cases. My focus in this essay is narrower: I suggest that employing some features of ADR to resolve election disputes can help to improve the civil discourse of our elections and our political culture. That is, certain aspects of ADR can assist in reducing caustic language in election law judicial decisions, in the media’s reporting of …
Resolving Disputed Elections Through Negotiation,
2012
St. Mary’s University School of Law
Resolving Disputed Elections Through Negotiation, Rishi Batra
Faculty Articles
Could a disputed election—one in which the winner is not clear and the result is within the "margin of litigation"—be resolved through a negotiated result? Given the "winner take all" nature of these elections, where one candidate ends up holding the office, and all others do not, it would seem that negotiated solutions and other alternative dispute resolution techniques would have no application. This article explores why self-interested candidates and their associated parties may be interested in a negotiated outcome, what the scope of such an agreement could look like, and how to overcome barriers to such a negotiated result.
Document Production In International Arbitration: A Critique From 'Across The Pond',
2012
Partner, International Arbitration Group, Fox Williams, London England
Document Production In International Arbitration: A Critique From 'Across The Pond', Peter Ashford
Loyola University Chicago International Law Review
No abstract provided.
Juridical Convergence In International Dispute Resolution: Developing A Substantive Principle Of Transparency And Transnational Evidence Gathering,
2012
Partner, DLA Piper, International Arbitration & Litigation Practice, Miami, FL
Juridical Convergence In International Dispute Resolution: Developing A Substantive Principle Of Transparency And Transnational Evidence Gathering, Pedro J. Martinez-Fraga
Loyola University Chicago International Law Review
No abstract provided.
Ethics In International Arbitration: Traps For The Unwary,
2012
Prof. of Law & Dir. Of International Programs, School of Law, Loyola University of Chicago, Chicago, IL
Ethics In International Arbitration: Traps For The Unwary, Margaret L. Moses
Loyola University Chicago International Law Review
No abstract provided.
American Exceptionalism In Consumer Arbitration,
2012
Prof. of Law, School of Law, University of Colorado
American Exceptionalism In Consumer Arbitration, Amy J. Schmitz
Loyola University Chicago International Law Review
No abstract provided.
