Summary Of Simmons Self-Storage Partners, Llc V. Rib Roof, Inc., 127 Nev. Adv. Op. No. 6,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Summary Of Simmons Self-Storage Partners, Llc V. Rib Roof, Inc., 127 Nev. Adv. Op. No. 6, Nevada Law Journal
Nevada Supreme Court Summaries
An appeal from mechanic’s lien action where the district court determined the lienable amounts, but failed to order the sale of the properties to satisfy the amount due under the lien.
Helping Lawyers Help Clients,
2011
University of Missouri School of Law
Helping Lawyers Help Clients, John M. Lande
Faculty Publications
Counseling clients about dispute resolution options is easier said than done. This article suggests a strategy to help lawyers counsel clients in choosing dispute resolution options. Perhaps the most promising approach involves using dispute systems design (DSD) procedures to establish better ways of training lawyers to counsel clients.
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?,
2011
Texas A&M University School of Law
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Faculty Scholarship
Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a …
Greenwood V. Compucredit Corp.: The Ninth Circuit’S Misdirected Interpretation Of The Credit Repair Organizations Act,
2011
Brigham Young University Law School
Greenwood V. Compucredit Corp.: The Ninth Circuit’S Misdirected Interpretation Of The Credit Repair Organizations Act, Michael Q. Cannon
BYU Law Review
No abstract provided.
Abrams, Roger Arbitration Chart,
2011
University of Notre Dame
Abrams, Roger Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Knowlton, Christine Arbitration Chart,
2011
University of Notre Dame
Knowlton, Christine Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Horowitz, Frederic Arbitration Chart,
2011
University of Notre Dame
Horowitz, Frederic Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
An Economic Analysis Of Fact Witness Payment,
2011
Northwestern University School of Law
An Economic Analysis Of Fact Witness Payment, Eugene Kontorovich, Ezra Friedman
Faculty Working Papers
In this paper we discuss the disparate treatment of perceptual (''fact'') witnesses and expert witnesses in the legal system. We highlight the distinction between the perceptual act of witnessing and the act of testifying, and argue that although there might be good reasons to regulate payments to fact witnesses, the customary prohibition on paying them for their services is not justified by reference to economic theory. We propose considering a court mediated system for compensating fact witnesses so as to encourage witnessing of legally important events.We construct a simple model of witness incentives, and simulate the effects of several possible …
The Works Of Jürgen Habermas: A Tool For Further Understanding The Theory And Practice Of Restorative Justice,
2011
Dalhousie University
The Works Of Jürgen Habermas: A Tool For Further Understanding The Theory And Practice Of Restorative Justice, Audrey Laurel Barrett
LLM Theses
The theory of restorative justice has always lagged behind practice. As such, gaps in theory have existed over time and continue to exist today, particularly in terms of explaining "the magic" that occurs within the encounter process. By exploring the theories of Jürgen Habermas, it is suggested that new frameworks can be developed that can help theorists think about, and explain the experiences and outcomes central to restorative processes. This paper focuses on Habermas' theory of universal pragmatics and communicative action as a means to better understand the mechanisms within the encounter process, and the conditions necessary, to give rise …
What Will We Lose If The Trial Vanishes?,
2011
Northwestern University School of Law
What Will We Lose If The Trial Vanishes?, Robert P. Burns
Faculty Working Papers
The number of trials continues to decline andfederal civil trials have almost completely disappeared. This essay attempts to address the significance of this loss, to answer the obvious question, "So what?" It argues against taking a resigned or complacent attitude toward an important problem for our public culture. It presents a short description of the trial's internal structure, recounts different sorts of explanations, and offers an inventory of the kinds of wounds this development would inflict.
Ducks And Decoys: Revisiting The Exit-Voice-Loyalty Framework In Assessing The Impact Of A Workplace Dispute Resolution System,
2011
Northwestern University School of Law
Ducks And Decoys: Revisiting The Exit-Voice-Loyalty Framework In Assessing The Impact Of A Workplace Dispute Resolution System, Zev J. Eigen, Adam Seth Litwin
Faculty Working Papers
Until now, empirical research has been unable to reliably identify the impact of organizational dispute resolution systems (DRSs) on the workforce at large, in part because of the dearth of data tracking employee perceptions pre- and post- implementation. This study begins to fill this major gap by exploiting survey data from a single, geographically-expansive, US firm with well over 100,000 employees in over a thousand locations. The research design allows us to examine employment relations and human resource (HR) measures, namely, perceptions of justice, organizational commitment, and perceived legal compliance, in the same locations before and after the implementation of …
A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively,
2011
Northwestern University School of Law
A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn
Faculty Working Papers
If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …
The Dignity, Rights, And Responsibilities Of The Jury: On The Structure Of Normative Argument,
2011
Northwestern University School of Law
The Dignity, Rights, And Responsibilities Of The Jury: On The Structure Of Normative Argument, Robert P. Burns
Faculty Working Papers
Many theorists follow an inevitably circular method in evaluating legal institutions and practices. "Considered judgments of justice" embedded in practices and institutions in which we have a high level of confidence can serve as partial evidence for the principles with which they are consistent, principles that can then have broader implications. Conversely, principles that we have good reason to embrace can serve as partial justification for institutions and practices with which they are consistent. This is the heart of Rawls' notion of "reflective equilibrium," where we "work at both ends" to justify institutions, practices, and principles. This method is applicable …
Introductory Remarks: An Overview Of Investment Arbitration ,
2011
Mannheimer Swartling
Introductory Remarks: An Overview Of Investment Arbitration , Joshua Fellenbaum
Global Business Law Review
The topic I was asked to speak about today is investment arbitration. For those practitioners and scholars on the panel and in the audience who have experience in investment arbitration, you know that it contains a number of complex issues and nuances, so it is quite a tall task ahead of me. What I hope to do in the next twenty to twenty-five minutes is to provide you with a broad overview of investment arbitration. We will examine the structure of investment arbitration along with the substantive and procedural issues that tend to arise in investment disputes.
Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization,
2011
Northwestern Pritzker School of Law
Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization, Matthew C. Turk
Northwestern Journal of International Law & Business
World Trade Organization (WTO) litigation presents an empirical puzzle: complaining parties "win" close to 90 percent of cases, while standard theories of litigation predict a strong tendency towards a 50 percent plaintiff win-rate. This Article explains the high win-rate by examining the reputational costs and benefits of filing a case. The WTO's lack of centralized enforcement means that the consequence of a judgment is merely to disseminate information that alters a party's reputation for compliance with its trade obligations. Such a "reputational sanction" applies to both losing respondents and complainants. The result is that only cases with a very high …
A Delayed Penalty: The Implications Of The Ilya Kovalchuk Arbitration Decision On The National Hockey League, 45 J. Marshall L. Rev. 145 (2011),
2011
UIC School of Law
A Delayed Penalty: The Implications Of The Ilya Kovalchuk Arbitration Decision On The National Hockey League, 45 J. Marshall L. Rev. 145 (2011), Morgan Marcus
UIC Law Review
No abstract provided.
Establishing Claims For Damages, Costs And Interest In International Arbitration,
2011
High Court, London, England
Establishing Claims For Damages, Costs And Interest In International Arbitration, Sir Vivian Ramsey
American University International Law Review
No abstract provided.
Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation,
2011
University of South Carolina
Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation, Barry Leon, Andrew Mcdougall, John Siwiec
South Carolina Journal of International Law and Business
No abstract provided.
Overview Of International Arbitration In The Intellectual Property Context,
2011
Kirkland & Ellis LLP
Overview Of International Arbitration In The Intellectual Property Context, Kenneth R. Adamo
Global Business Law Review
Resolving intellectual property rights (“IPR”) issues through alternative dispute resolution (“ADR”) proceedings was a technique long-developing in many major countries. Despite the earlier presence of the Arbitration Act in United States law, the subject of use of arbitration in IPR situations, especially regarding U.S. patents, remained an open and contested issue, until the original addition of 35 U.S.C. § 294 to the U.S. Patent Act in 1982. U.S. law is now resolved in the availability of IPR arbitration as an ADR tool, either through a “pre-problem” contract, such as a license, or as a “post-problem” mechanism elected and/or established by …
Is International Arbitration Becoming Too American?,
2011
Squire, Sanders, and Dempsey
Is International Arbitration Becoming Too American?, George M. Von Mehrem, Alana C. Jochum
Global Business Law Review
This article will discuss the emerging trend of Americanization of international arbitration. As American companies and law firms become more involved in international arbitration, the process has developed to include some of the procedural techniques common to the American courtroom. But other aspects of American litigation are not part of the process. Has this made international arbitration a more effective means of resolving disputes? What should American companies and their lawyers know about the process in order to participate successfully?
