Whose Dictionary Controls?: Recent Challenges To The Term "Investment" In Icsid Arbirtration,
2010
American University Washington College of Law
Whose Dictionary Controls?: Recent Challenges To The Term "Investment" In Icsid Arbirtration, Joseph M. Boddicker
American University International Law Review
No abstract provided.
Judicial Politics And International Investment Arbitration: Seeking An Explanation For Conflicting Outcomes,
2010
Northwestern Pritzker School of Law
Judicial Politics And International Investment Arbitration: Seeking An Explanation For Conflicting Outcomes, David Schneiderman
Northwestern Journal of International Law & Business
In taking on the controversial debate over the role of state attorneys general in antitrust enforcement, the article draws upon recent legal and historical scholarship on federalism to argue that globalization requires a paradigm change in concepts of U.S. federalism. While many assume that increasing international economic integration makes state participation in economic regulation with international implications inherently problematic, the article demonstrates that, to the contrary, states have an important role to play in the regulation of international business. States have a long history of challenging the federal government in a way that has promoted a robust national dialogue on …
Proportional Pragmatism: A Defense Of International Arbitration Agreements In The Face Of Asymmetrical Paternalism,
2010
Northwestern Pritzker School of Law
Proportional Pragmatism: A Defense Of International Arbitration Agreements In The Face Of Asymmetrical Paternalism, Rusty O'Kane
Northwestern Journal of International Law & Business
With foreign direct investment's increasingly important role in the global market, a more comprehensive regulatory system has emerged to guide key participants. Bilateral investment treaties have developed as an essential piece of the emerging regulatory system. Bilateral investment treaties are "[international investment] agreements between two countries for the reciprocal encouragement, promotion and protection of investments in each other's territories by companies based in either country." These treaties have drastically affected the way foreign investors interact with host countries, especially in the area of dispute resolution. A distinctive feature of many BITs is that they provide for alternative dispute resolution procedures …
Government Of Sudan V. Sudan’S People’S Liberation Movement/Army (“Abyei Arbitration”),
2010
Duke Law School
Government Of Sudan V. Sudan’S People’S Liberation Movement/Army (“Abyei Arbitration”), Coalter G. Lathrop
Faculty Scholarship
No abstract provided.
Making Talk Cheap (And Problems Easy): How Legal And Political Institutions Can Facilitate Consensus,
2010
Duke Law School
Making Talk Cheap (And Problems Easy): How Legal And Political Institutions Can Facilitate Consensus, Cheryl Boudreau, Mathew D. Mccubbins, Daniel B. Rodriguez, Nicholas Weller
Faculty Scholarship
In many legal, political, and social settings, people must reach a consensus before particular outcomes can be achieved and failing to reach a consensus may be costly. In this article, we present a theory and conduct experiments that take into account the costs associated with communicating, as well as the difficulty of the decisions that groups make. We find that when there is even a small cost (relative to the potential benefit) associated with sending information to others and/or listening, groups are much less likely to reach a consensus, primarily because they are less willing to communicate with one another. …
Implicit Bias And The Illusion Of Mediator Neutrality,
2010
UC Hastings College of the Law
Implicit Bias And The Illusion Of Mediator Neutrality, Carol L. Izumi
Faculty Scholarship
No abstract provided.
The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering,
2010
University of Missouri School of Law
The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John M. Lande, Jean R. Sternlight
Faculty Publications
This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes and proposes a modest menu of reforms that interested faculty and law schools can largely achieve without investing substantial additional resources.This Article emphasizes the special contributions that alternative dispute resolution (ADR) can provide to legal education more generally. ADR instruction is an important corrective to a curriculum that routinely conveys the erroneous implication that …
Navigating The Murky Waters Of Untruth In Negotiation: Lessons For Ethical Lawyers,
2010
Yeshiva University, Cardozo School of Law
Navigating The Murky Waters Of Untruth In Negotiation: Lessons For Ethical Lawyers, Deborah Schmedemann
Cardozo Journal of Conflict Resolution
Verbena Gardens had been working for months on its new product in its offices at Kost Properties' Southwest Suites when the burglary occurred, sometime between 8:00 and 10:00 at night. The case was never solved; Verbena's property was never recovered. While the burglary pushed the project back by months, the market moved on, and the promising new product was scuttled.
The Next Generation Of Online Dispute Resolution: The Significance Of Holography To Enhance And Transform Dispute Resolution,
2010
Yeshiva University, Cardozo School of Law
The Next Generation Of Online Dispute Resolution: The Significance Of Holography To Enhance And Transform Dispute Resolution, Susan Nauss Exon
Cardozo Journal of Conflict Resolution
Many scholars have written about the use of various technologies used to enhance or transform face-to-face alternative dispute resolution (ADR) processes. Whether termed online dispute resolution (ODR), cybermediation, also known as online mediation, cybercourt, electronic courthouse, virtual courtroom, virtual ADR, video conferencing, or telepresence, each of these technological advances revolves around the use of the Internet or some form of technology to facilitate long-distance, virtual communication without the necessity of physical travel or face-to-face contact. Most scholars have ignored holography, which is the next generation of technology, or perhaps we can more aptly refer to it as a current, unsung …
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 11, Iss. 2,
2010
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 11, Iss. 2
Cardozo Journal of Conflict Resolution
No abstract provided.
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 12 (2010-11), Iss. 1,
2010
Yeshiva University, Cardozo School of Law
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 12 (2010-11), Iss. 1
Cardozo Journal of Conflict Resolution
No abstract provided.
International Advocate For Peace Award Acceptance Speech,
2010
Covington & Burling, LLP
International Advocate For Peace Award Acceptance Speech, Stuart E. Eizenstat
Cardozo Journal of Conflict Resolution
I feel very much at home here because I was here three or four year ago at a symposium at the law school-a panel with Adam Durshowitz and Erwin Cogler, who was then Administer of Justice of Canada, and others. I have also received an honorary doctorate from Yeshiva University, and I feel very much at home here. I just met Dean Dillard and Professor Love, but I have some longtime friends here: Professor Weisberg, who I will talk about in a moment, is one of the heroes of this whole episode; Eric Pan, your professor of Commercial and International …
Deconstructing Dispute Classifications: Avoiding The Shadow Of The Law In Dispute System Design In Healthcare,
2010
University of Haifa
Deconstructing Dispute Classifications: Avoiding The Shadow Of The Law In Dispute System Design In Healthcare, Orna Rabinovich-Einy
Cardozo Journal of Conflict Resolution
The paper opens with an analysis of dispute classification under ADR theory, and highlights the ways in which the "shadow of the law" has shaped the design of systems for addressing conflict. One significant byproduct of the shadow of the law has been the motivation of dispute system designers to target legal disputes at the expense of other complaints, which do not constitute a legal cause of action. This development is ironic because in the case of non-litigable disputes, alternatives constitute the only available avenues for redress. The article then proceeds to define and characterize non-litigable disputes in Part II.A. …
Criminal Alternative Dispute Resolution: Restoring Justice, Respecting Responsibility, And Renewing Public Norms,
2010
University of Maryland Francis King Carey School of Law
Criminal Alternative Dispute Resolution: Restoring Justice, Respecting Responsibility, And Renewing Public Norms, Maggie T. Grace
Student Articles and Papers
This Article explores theoretical concerns underlying contemporary appeals to Alternative Dispute Resolution ("ADR") in the criminal justice system. Analyzing literature on free will and responsibility and leading work on transitional justice, I argue that a restorative justice approach to criminal ADR better accommodates the realities of social conditions that correlate with criminality while respecting deeply-held concepts of responsibility. I further argue that this approach provides a useful response to critics, such as Owen Fiss, who argue that ADR privatizes disputes, thereby failing to produce and reinforce essential public norms.
Yes, And: Core Concerns, Internal Mindfulness, And External Mindfulness For Emotional Balance, Lie Detection, And Successful Negotiation,
2010
UC Hastings College of the Law
Yes, And: Core Concerns, Internal Mindfulness, And External Mindfulness For Emotional Balance, Lie Detection, And Successful Negotiation, Clark Freshman
Faculty Scholarship
No abstract provided.
Foreclosure By Arbitration?,
2010
University of Missouri School of Law
Foreclosure By Arbitration?, R. Wilson Freyermuth
Faculty Publications
The recession and the drastic decline in home values have combined to trigger a wave of foreclosures. Predictably, legislators, policymakers, scholars, and consumer advocates have responded with a wide range of proposals designed to protect distressed mortgagors from losing their homes.
‘Drive-Thru’ Arbitration In The Digital Age: Empowering Consumers Through Regulated Odr,
2010
University of Missouri School of Law
‘Drive-Thru’ Arbitration In The Digital Age: Empowering Consumers Through Regulated Odr, Amy J. Schmitz
Faculty Publications
Online Dispute Resolution (ODR) has been promoted for quickly and conveniently resolving claims using online “drive-thru” processes instead of more costly and time-consuming face-to-face meetings and hearings. Most commentators have nonetheless focused mainly on non-binding or automated bidding processes, perhaps due in part to fairness concerns associated with off-line arbitration. This Article, however, explores the potential for online binding arbitration (OArb), and sheds new light on arbitration as means for empowering consumers to obtain remedies on their e-merchant claims. By moving arbitration online, OArb helps address concerns regarding companies’ use of arbitration clauses to curb consumers’ access to remedies on …
Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas,
2010
Bonnett, Fairbourn, Friedman & Balint, P.C.
Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
It Takes Two To Tango, And To Mediate: Legal Cultural And Other Factors Influencing United States And Latin American Lawyers’ Resistance To Mediating Commercial Disputes,
2010
University of Florida Levin College of Law
It Takes Two To Tango, And To Mediate: Legal Cultural And Other Factors Influencing United States And Latin American Lawyers’ Resistance To Mediating Commercial Disputes, Don C. Peters
UF Law Faculty Publications
This article examines legal cultural and other factors influencing the resistance to mediating commercial disputes displayed by U.S. and Latin American lawyers. After surveying current contexts in which commercial mediation occurs in the United States and in Latin American countries and summarizing data regarding commercial actors’ knowledge of the benefits of mediating, it analyzes the relatively infrequent use of mediation despite its potential advantages over adjudicating. Focusing on lawyers, the article next explores factors that influence U.S. and Latin American lawyers when they converse with commercial clients about selecting dispute resolution methods.
Artificial Intelligence: Robots, Avatars And The Demise Of The Human Mediator,
2010
Mitchell Hamline School of Law
Artificial Intelligence: Robots, Avatars And The Demise Of The Human Mediator, David Allen Larson
Faculty Scholarship
As technology has advanced, many have wondered whether (or simply when) artificial intelligent devices will replace the humans who perform complex, interactive, interpersonal tasks such as dispute resolution. Has science now progressed to the point that artificial intelligence devices can replace human mediators, arbitrators, dispute resolvers and problem solvers? Can humanoid robots, attractive avatars and other relational agents create the requisite level of trust and elicit the truthful, perhaps intimate or painful, disclosures often necessary to resolve a dispute or solve a problem? This article will explore these questions. Regardless of whether the reader is convinced that the demise of …
