References
Lost Artifacts of the Incas: Cultural Property and the Reparation Movement
February 8, 2012
This comment proposes that demands for reparation of art, artifacts, and cultural property should be addressed by negotiation or binding arbitration, without focusing on cultural nationalism or internationalism.
February 8, 2012
This comment proposes that demands for reparation of art, artifacts, and cultural property should be addressed by negotiation or binding arbitration, without focusing on cultural nationalism or internationalism.
Negotiate to Win!: Talking Your Way to What You Want
February 8, 2012
This book examines stragegies for negotiation, taking a look not only at the individual negotiator but also looking at how to control the negotiaton environment, and looking at special tactivs to put a negotiator ahead of the game. This book also addresses special circumstances that might occur, such as intercultural negotiations and impasses.
February 8, 2012
This book examines stragegies for negotiation, taking a look not only at the individual negotiator but also looking at how to control the negotiaton environment, and looking at special tactivs to put a negotiator ahead of the game. This book also addresses special circumstances that might occur, such as intercultural negotiations and impasses.
Twenty Years After the 1991 Civil Rights Act: What Does the Future Hold? Article: Arbitral and Judicial Proceedings: Indistinguishable Justice or Justice Denied?
February 8, 2012
This article studies the use of arbitration within employment discrimination cases. The author analyzes the effects of compelling employees to use ADR techniques to resolve disputes with their employers, even when they prefer to litigate their claims in court. The author compares individually negotiated ADR agreements with arbitrations that arise from employer-promulgated ADR plans, and discusses an empirical study comparing ADR and judicial processes within the field of employment disputes.
February 8, 2012
This article studies the use of arbitration within employment discrimination cases. The author analyzes the effects of compelling employees to use ADR techniques to resolve disputes with their employers, even when they prefer to litigate their claims in court. The author compares individually negotiated ADR agreements with arbitrations that arise from employer-promulgated ADR plans, and discusses an empirical study comparing ADR and judicial processes within the field of employment disputes.
Collaborative Law Practice: An Unbundled Approach to Informed Client Decision Making
February 8, 2012
This article is intended to explore the development of informed decision making/consent for unbundled legal services and collaborative law. The article presents various models of collaborative practice available and forwards suggestions which might help clients make informed decisions prior to commencing a collaborative law engagement.
February 8, 2012
This article is intended to explore the development of informed decision making/consent for unbundled legal services and collaborative law. The article presents various models of collaborative practice available and forwards suggestions which might help clients make informed decisions prior to commencing a collaborative law engagement.
Employment Arbitration: A Close Look
February 8, 2012
This article examines the problems associated with resolving workplace disputes. It also discusses legal developments which have made mandatory arbitration a viable option, and the benefits of arbitration for both employers and employees.
February 8, 2012
This article examines the problems associated with resolving workplace disputes. It also discusses legal developments which have made mandatory arbitration a viable option, and the benefits of arbitration for both employers and employees.
Franchise Law
February 8, 2012
This article discusses whether or not a franchise or license agreement contains a jury waiver provision when it stipulates that the parties agree to arbitrate in lieu of litigating disputes before a court. The article discusses how arbitration and jury waiver provisions are analyzed together.
February 8, 2012
This article discusses whether or not a franchise or license agreement contains a jury waiver provision when it stipulates that the parties agree to arbitrate in lieu of litigating disputes before a court. The article discusses how arbitration and jury waiver provisions are analyzed together.
Achieving Peace with Justice: The International Criminal Court and Ugandan Alternative Justice Mechanisms
February 8, 2012
This article discusses the arms conflict between Uganda and the Lord's Resistance Army and related Ugandan alternative justice mechanisms. It also discusses interpretations of the Rome Statute that will allow the International Criminal Court to defer to alternative methods of justice.
February 8, 2012
This article discusses the arms conflict between Uganda and the Lord's Resistance Army and related Ugandan alternative justice mechanisms. It also discusses interpretations of the Rome Statute that will allow the International Criminal Court to defer to alternative methods of justice.
The Bench Trial: A More Beneficial Alternative to Arbitration of Title VII Claims
February 8, 2012
This article argues that jury waiver provisions in pre-dispute mandatory arbitration agreements offer a solution to unenforceable arbitration agreements. The author analyzes the string of federal cases that followed the Supreme Court's decision in Circuit City Stores, Inc. to determine whether a bench trial is a better alternative to protect an employee's procedural and substantive rights under Title VII.
February 8, 2012
This article argues that jury waiver provisions in pre-dispute mandatory arbitration agreements offer a solution to unenforceable arbitration agreements. The author analyzes the string of federal cases that followed the Supreme Court's decision in Circuit City Stores, Inc. to determine whether a bench trial is a better alternative to protect an employee's procedural and substantive rights under Title VII.
Ethics in Negotiation and Mediation for the Florida Attorney
February 8, 2012
This article supplies an overview of how attorneys should perform their duties as lawyer-negotiators and lawyer-mediators. The authors focus on the duties of an attorney to follow the rules of professional conduct as they advise their clients of possible negotiation and mediation techniques. Overall, the article seeks to outline the fundamental obligations of an attorney participating in ADR.
February 8, 2012
This article supplies an overview of how attorneys should perform their duties as lawyer-negotiators and lawyer-mediators. The authors focus on the duties of an attorney to follow the rules of professional conduct as they advise their clients of possible negotiation and mediation techniques. Overall, the article seeks to outline the fundamental obligations of an attorney participating in ADR.
Note, Indigenous Reparations Re-Imagined: Crafting a Settlement Mechanism for Indigenous Claims in the Inter-American Court of Human Rights
February 8, 2012
The increasingly burdensome caseload of Inter-American Court of human Rights calls for the development of creative settlement practice, such as pilot judgments, and stronger settlement rules in order to more effectively resolve indigenous claims. By speeding up the process and having more forceful compliance rules in place, indigenous claimants should be in a better place to receive appropriate reparations and the Court's caseload burden should be eased.
February 8, 2012
The increasingly burdensome caseload of Inter-American Court of human Rights calls for the development of creative settlement practice, such as pilot judgments, and stronger settlement rules in order to more effectively resolve indigenous claims. By speeding up the process and having more forceful compliance rules in place, indigenous claimants should be in a better place to receive appropriate reparations and the Court's caseload burden should be eased.
