Deceptive Results: Why Mediation Appears To Fail But Actually Succeeds,
2013
School of International Affairs and Dickinson School of Law, Pennsylvania State University
Deceptive Results: Why Mediation Appears To Fail But Actually Succeeds, Scott Sigmund Gartner
Penn State Journal of Law & International Affairs (2012 - Present)
International disputes receiving third-party mediation are less likely to result in peace treaties than those negotiated bilaterally between the disputants. When belligerents do settle, mediated agreements are more likely to fail. Is mediation detrimental to conflict resolution? No. Third-party mediation represents a highly effective, but costly, means of peacemaking. Disputants recognize its costs and only employ mediation when they are unable to resolve a conflict between themselves, creating a “selection effect.” As a result, mediators are selected for the toughest cases – those least likely to end peacefully and mostly likely to result in fragile agreements. When the difficulty of …
Research On Bias In Mediation: Policy Implications,
2013
Department of Peace and Conflict Research, Uppsala University
Research On Bias In Mediation: Policy Implications, Isak Svensson
Penn State Journal of Law & International Affairs (2012 - Present)
One of the most important and disputed questions within the field of international mediation concerns the issue of bias. The question of bias cuts to the core of what mediation is and the ways in which mediators can help the parties reach peace. Focusing on research on the role of neutrality and bias in international peace diplomacy in civil wars, this article draws out the policy implications of my own empirically-based work on the role of bias in the mediation of internal armed conflicts. This article suggests that neutrality should not be part of the definition of mediators, …
The Lack Of Coordination In Diplomatic Peacemaking,
2013
Folke Bernadotte Academy
The Lack Of Coordination In Diplomatic Peacemaking, Birger Heldt
Penn State Journal of Law & International Affairs (2012 - Present)
The increased number of peacemaking actors during the past twenty years is accompanied by an increased amount of peacemaking, but also a low success rate. This article focuses on recent emerging conflicts. It finds that peacemaking is prevalent, but is often not coordinated with regard to choice of tools (mediation, arbitration, etc.), or the agenda or the issues of the talks. This lack of coordination has for many years been recognized as detrimental and may partly explain the low success rate. The article suggests that policymakers need to have a long-term strategy to address the coordination problem, part of which …
Foreword,
2013
Nitze School of Advanced International Studies, The Johns Hopkins University
Foreword, I. William Zartman
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Translating Scholarship Into Policy,
2013
School of International Affairs & Dickinson School of Law, Pennsylvania State University
Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion
Penn State Journal of Law & International Affairs (2012 - Present)
There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …
Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs,
2013
University of Oklahoma Norman Campus
Not (Necessarily) Narrower: Rethinking The Relative Scope Of Copyright Protection For Designs, Sarah Burstein
IP Theory
No abstract provided.
Recalibrating Our Empirical Understanding Of Inequitable Conduct,
2013
University of Iowa College of Law
Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen
IP Theory
No abstract provided.
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal ,
2013
Pepperdine University
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings ,
2013
Pepperdine University
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind,
2013
Pepperdine University
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model,
2013
Pepperdine University
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Executive Power, The Rule Of Law And The First Obama Administration,
2013
University of Maryland Francis King Carey School of Law
Executive Power, The Rule Of Law And The First Obama Administration, Peter M. Shane
Schmooze 'tickets'
No abstract provided.
Precautionary Constitutionalism In Ancient Athens,
2013
Harvard Law School
Precautionary Constitutionalism In Ancient Athens, Adriaan Lanni, Adrian Vermeule
Cardozo Law Review
No abstract provided.
Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense ,
2013
Pepperdine University
Evidence Of Mental Disorder On Mens Rea: Constitutionality Of Drawing The Line At The Insanity Defense , Harlow M. Huckabee
Pepperdine Law Review
No abstract provided.
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?,
2013
Pepperdine University
Precedent: What It Is And What It Isn't; When Do We Kiss It And When Do We Kill It?, Ruggero J. Aldisert
Pepperdine Law Review
No abstract provided.
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making,
2013
University of Maryland Francis King Carey School of Law
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber
Faculty Scholarship
This Article offers a more sophisticated account of elite theory that incorporates the crucial insights underlying claims that Justices with life tenure will protect minority rights and claims that the Supreme Court follows the election returns. Put simply, the direction of judicial decision making at a given time reflects the views of the most affluent and highly educated members of the dominant national coalition. The values that animate the elite members of the dominant national coalition help explain the direction of judicial decision making for the last eighty years. During the mid-twentieth century, most Republican and Democratic elites held more …
The “Law Of The First Amendment” Revisited,
2013
Wayne State University
The “Law Of The First Amendment” Revisited, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Order In The Desert: Law Abiding Behavior At Burning Man,
2013
Florida International University College of Law
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez
Faculty Publications
No abstract provided.
The Rule Of Law And The Perils Of Precedent,
2013
Notre Dame Law School
The Rule Of Law And The Perils Of Precedent, Randy J. Kozel
Michigan Law Review First Impressions
In a world where circumstances never changed and where every judicial decision was unassailably correct, applying the doctrine of stare decisis would be a breeze. Fidelity to precedent and commitment to sound legal interpretation would meld into a single, coherent enterprise. That world, alas, is not the one we live in. Like so much else in law, the concept of stare decisis encompasses a series of trade-offs-and difficult ones at that. Prominent among them is the tension between allowing past decisions to remain settled and establishing a body of legal rules that is flexible enough to adapt and improve over …
Reconceptualizing States Of Emergency Under International Human Rights Law: Theory, Legal Doctrine, And Politics,
2013
University of Essex
Reconceptualizing States Of Emergency Under International Human Rights Law: Theory, Legal Doctrine, And Politics, Scott P. Sheeran
Michigan Journal of International Law
States of emergency are today one of the most serious challenges to the implementation of international human rights law (IHRL). They have become common practice and are associated with severe human rights violations as evidenced by the Arab Spring. The international jurisprudence on states of emergency is inconsistent and divergent, and what now constitutes a public emergency is ubiquitous. This trend is underpinned by excessive judicial deference and abdication of the legal review of states' often dubious claims of a state of emergency. The legal regime, as positively expressed in international human rights treaties, does not adequately reflect the underlying …
