As Long As You Love Me: The Effects Of Enforcing Prenuptial Agreements On Intimate Partner Violence,
2021
Benjamin N. Cardozo School of Law
As Long As You Love Me: The Effects Of Enforcing Prenuptial Agreements On Intimate Partner Violence, Annie L. Zagha
Cardozo Journal of Conflict Resolution
Marriage is a sacrament. Marriage is the life-long commitment of one person to another. Marriage is a safely guarded right, a constitutional protection that has been continually reaffirmed to protect the inviolability of unions. But what happens when a marriage fails to live up to its idealized and fantastical notion and begins to develop into a primary source of mental, physical, and emotional pain for an individual? What takes place when marriage is being used as a shield for coercive-and potentially lethal behavior?
State Legislative Update,
2021
University of Missouri School of Law
State Legislative Update, Eli Dodge, Kevin Johnston, Seth Christensen
Journal of Dispute Resolution
The State Legislative Update is compiled and written annually by the Journal of Dispute Resolution 's Associate Members under the direction of the Associate Editor in Chief. It is designed to provide readers with a listing of pertinent legislation affecting the field of alternative dispute resolution ("ADR") and a more detailed look at certain bills because of their importance or novelty within the field. This year's State Legislative Update is especially important because the operations of state legislatures were altered due to the COVID-19 Pandemic.
Effects Of Mediation On Employee Efficiency In Human Services Centers And In Other Organizations That Serve Vulnerable Populations,
2021
Nova Southeastern University
Effects Of Mediation On Employee Efficiency In Human Services Centers And In Other Organizations That Serve Vulnerable Populations, Mariya Mironova
Department of Conflict Resolution Studies Theses and Dissertations
Social workers and other professionals who offer caring services to vulnerable populations are oftentimes exposed to stressful environments. Employee burnout, vicarious traumas, and other stressors jeopardize worker’s efficiency. According to previously conducted research studies, organizational and interpersonal conflicts may be effectively addressed through mediation. However, the studies do not address the use of mediation for the resolution of workplace disputes in centers of human services. This study explores effects of mediation on worker’s efficiency in such centers, and this study proposes that mediation positively affects worker’s efficiency. The proposed methodology for testing this proposition involves a single case study with …
Navigating The Human Side Of Workplace Conflict: A Comparative Study Of Organizational Ombuds' Similarities And Differences,
2021
Nova Southeastern University
Navigating The Human Side Of Workplace Conflict: A Comparative Study Of Organizational Ombuds' Similarities And Differences, Linda Kovack
Department of Conflict Resolution Studies Theses and Dissertations
Navigating the human side of workplace conflict poses challenges. A gap in knowledgeexists within an alternative dispute resolution option known as the organizational ombuds. Prior research referenced the ombuds' perception of his/her own role and functionality yet did not explore ombuds in differing organizational sectors. The research I explored was: What are the similarities and differences among and between ombuds in employment environments of higher education, the public or private sector, and the federal government? To address this question, I presented comprehensive case study profiles on a total of 8 organizations: 3 in higher education, 3 in the federal government, …
Pushed Out Of High School: Narratives Of Teaching Under The Testing Regime,
2021
Nova Southeastern University
Pushed Out Of High School: Narratives Of Teaching Under The Testing Regime, Sheila Alexis-Fabius
Department of Conflict Resolution Studies Theses and Dissertations
The No Child Left Behind Act (NCLB) was enacted as an education intervention to close the achievement gap by increasing student attendance, graduation, and standard testing rates. NCLB held teachers and administrators accountable for successfully meeting adequate yearly progress gains. However, the emerging NCLB research uncovered a culture of conflict with academically at-risk students being pushed out of the public school system and rise in disciplinary actions towards minority students. This study employed John Gultang’s structural violence, John Burton’s basic human needs theory, and adultification theory to highlight the significance of understanding the conflict in high-stakes testing regimes. This research …
Faculty List,
2021
University of Missouri School of Law
Description,
2021
University of Missouri School of Law
Masthead,
2021
University of Missouri School of Law
Table Of Contents,
2021
University of Missouri School of Law
Another One Bites The Dust: How Jevic Curtailed Creditor Rights To Negotiate In And Out Of Bankruptcy,
2021
University of Missouri School of Law
Another One Bites The Dust: How Jevic Curtailed Creditor Rights To Negotiate In And Out Of Bankruptcy, Jaden Banks
Journal of Dispute Resolution
Gone are the days of bankruptcy where the insolvent debtor faced an ignominious execution or was sentenced to lifelong imprisonment to satisfy a creditor's demand for their pound of flesh. The modern U.S. Bankruptcy System has moved beyond its focus on draconian punishment, instead, its focus is on fairness to the debtor and distribution of assets among creditors. With recent Supreme Court cases such as Jevic, significant concerns have been raised about the effectiveness of negotiated agreements, related to, but outside of bankruptcy. These concerns center on the reduction in the fairness of certain debtor tools namely prepackaged and cramdown …
Domestic Courts' Impact On Arbitral Awards: Pragmatic Reflections On The New York Convention,
2021
University of Missouri School of Law
Domestic Courts' Impact On Arbitral Awards: Pragmatic Reflections On The New York Convention, Mohamed Sweify
Journal of Dispute Resolution
On June 1, 2018, the heirs of the late Sheikhs Abdullah Al-Solaiman AlHamdan and Khalid Abu Al-Waleed Al-Oarqani ("Claimants") petitioned to confirm and enforce an $18 billion arbitral award against Chevron entities before the Northern District of California and the Southern District of Texas. The award was issued under the auspices of the illegitimate "International Arbitration Centre" ("IAC") in Cairo, Egypt. The dispute involved a decades-old concession agreement in which the Saudi government permitted Chevron's predecessor, the Standard Oil Company of California ("SoCal"), to develop certain Saudi oil fields. Both enforcement petitions were dismissed.
Setting The Table For Mediation Success: Supporting Disputants To Arrive Prepared,
2021
University of Missouri School of Law
Setting The Table For Mediation Success: Supporting Disputants To Arrive Prepared, Timothy Hedeen, Vittorio Indovina, Joanne Donner, Claudia Stura
Journal of Dispute Resolution
Consider the following two scenarios. Tom Jones sued his neighbor over a dispute they had regarding the boundaries of their abutting properties. Within a week of filing the suit, he received notice that a mediation had been scheduled for their case. Three weeks later he arrived at the appointed place and time of the mediation where he found his neighbor, his neighbor's attorney, and a mediator. After brief introductions, they were invited to take their seats and were provided a short overview of mediation, a process that was new and unfamiliar to Tom Jones. Two hours later, he left in …
Forgotten Heroes: The Unacceptable Results Of Military Administrative Separations,
2021
University of Missouri School of Law
Forgotten Heroes: The Unacceptable Results Of Military Administrative Separations, Bryan Oliver
Journal of Dispute Resolution
The United States Military is charged with protecting the interests of the United States against foreign actors that seek to undermine our safety, values, and standing as the world's leading democratic power. The performance of this duty is often carried out without a ripple in the fabric of the average citizens' daily life. The adage "no news is good news" describes the way the civilian population thinks about how the military functions. However, the civilian population of the United States should be aware of situations where service-members are not treated fairly by the military's processes.
Arbitration In The Age Of Covid: Examining Arbitration's Move Online,
2021
University of Missouri School of Law
Arbitration In The Age Of Covid: Examining Arbitration's Move Online, Amy J. Schmitz
Faculty Publications
Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution ("ODR"), which includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof Online Arbitration ("OArb ") is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral third party that is enforceable under the Federal Arbitration Act ("FAA"). Indeed, I have written about OArb on prior occasions, due to its unique status under the FAA and other arbitration laws. However, OArb was relatively limited until the COVID-19 pandemic sparked the acceleration …
Evolution Of International Investment Agreements In Africa: Features And Challenges Of Investment Law “Africanization”,
2021
Singapore Management University
Evolution Of International Investment Agreements In Africa: Features And Challenges Of Investment Law “Africanization”, Makane Moïse Mbengue, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
African States, African Regional Economic Communities (RECs), and the African Union have adopted a number of new investment instruments in recent years. Many of these instruments are highly innovative and mark a clear departure from old European-styled IIAs. The Africanization of international investment law or, in other words, the prise en main of African States and organizations to design the regulation of international investment according to their policy and development priorities has become an evident contemporary phenomenon. At the same time, the most innovative approaches can be found in intra-African IIAs, i.e., in IIAs concluded between two or more African …
Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure,
2021
University of Colorado Law School
Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux
Publications
No abstract provided.
Dear 1l: Five Guideposts For Your Future Professional Practice,
2021
Benjamin N. Cardozo School of Law
Dear 1l: Five Guideposts For Your Future Professional Practice, Lela P. Love, Thomas J. Stipanowich
Cardozo Journal of Conflict Resolution
No abstract provided.
Informing Wto Reform: Dispute Settlement Performance, 1995-2020,
2021
European University Institute
Informing Wto Reform: Dispute Settlement Performance, 1995-2020, Bernard M. Hoekman, Petros C. Mavroidis, Maarja Saluste
Faculty Scholarship
This article presents salient facts on the performance of WTO dispute settlement, using an updated dataset on cases adjudicated between 1992 and mid 2020. The dataset provides a comprehensive compilation of information on WTO disputes, including complainants, respondents and third parties; the substantive matters tabled; the WTO provisions invoked; the claims that are accepted or rejected by adjudicating bodies; the time involved to complete the consultation, panel and appeal (Appellate Body) stages; and the identity of panelists and how they were appointed. We highlight elements of the operation of the system that are salient to WTO reform discussions, while drawing …
Plurilateral Cooperation As An Alternative To Trade Agreements: Innovating One Domain At A Time,
2021
European University Institute, Robert Schuman Centre for Advanced Studies (RSCAS)
Plurilateral Cooperation As An Alternative To Trade Agreements: Innovating One Domain At A Time, Bernard M. Hoekman, Charles F. Sabel
Faculty Scholarship
At the end of 2017 different groups of WTO members decided to launch talks on four subjects, setting aside the WTO consensus working practice. This paper argues that these ‘joint statement initiatives’ (JSIs) should seek to establish open plurilateral agreements (OPAs) even in instances where the outcome can be incorporated into existing schedules of commitments of participating WTO members. Designing agreements as OPAs provides an institutional framework for collaboration among the responsible national authorities, transparency, mutual review and learning, as well as alternatives to default WTO dispute settlement procedures which may not be appropriate for supporting cooperation on the matters …
The Transient And The Permanent In Arbitration,
2021
Boston University School of Law
The Transient And The Permanent In Arbitration, William W. Park
Faculty Scholarship
Several years ago, Jan Paulsson observed that Derek Roebuck might substitute for a time machine, providing a way for us to voyage backward with a guide to put everything in context. Indeed, the great Derek Roebuck, to whom we dedicate this set of essays, gave much of his professional life to making sure that by receiving a glimpse of dispute resolution in earlier times, we might have an opportunity better to understand the reality of present-day arbitration.
