References
Note, A Clearinghouse: The Solution to Clearing Up Confusion in Gene Patent Licensing
February 8, 2012
Confusion and high transactions costs associated with gene patenets could be resolved with the creation of a patenet clearinghouse. The author argues a clearinghouse could serve as an alternative to banning gene patents. The article describes a proposed structure for the proposed clearinghouse with resolving unclear terminology as an initial step.
February 8, 2012
Confusion and high transactions costs associated with gene patenets could be resolved with the creation of a patenet clearinghouse. The author argues a clearinghouse could serve as an alternative to banning gene patents. The article describes a proposed structure for the proposed clearinghouse with resolving unclear terminology as an initial step.
Pleadings in the Age of Settlement
February 8, 2012
An examination of the theories underlying modem pleadings and dispute resolution literature reveals that there is a fundamental disconnect between what is required by a pleading and what negotiation theory suggests is helpful at the outset of a dispute. The author, while surveying the current functions of pleadings and modem negotiations, suggests a revision to the pleading rule, adding a pre-pleading conference, in order to bring modem pleading and dispute resolution principles closer together.
February 8, 2012
An examination of the theories underlying modem pleadings and dispute resolution literature reveals that there is a fundamental disconnect between what is required by a pleading and what negotiation theory suggests is helpful at the outset of a dispute. The author, while surveying the current functions of pleadings and modem negotiations, suggests a revision to the pleading rule, adding a pre-pleading conference, in order to bring modem pleading and dispute resolution principles closer together.
Crisis Negotiators Field Guide
February 8, 2012
A practical field guide for law enforcement on the methods for crisis negotiation in the field from intial response through resolution.
February 8, 2012
A practical field guide for law enforcement on the methods for crisis negotiation in the field from intial response through resolution.
Experienced Intellectual Property Mediators: Increasingly Attractive in Times of Patent Unpredicability
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Offer-of-Judgment Rules and Civil Litigation: An Empirical Study of Automobile Insurance Litigation in the East
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Yes to Arbitration, But Did I Also Agree to Class Action and Consolidated Arbitration
February 8, 2012
This article focuses on the current state of arbitration agreements after the United States Supreme Court decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 130 S. Ct. 1758 (2010). It considers if there should be new language included in arbitration agreements or language excluded from them in order to prevent class action suits and consolidated arbitration.
February 8, 2012
This article focuses on the current state of arbitration agreements after the United States Supreme Court decision in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 130 S. Ct. 1758 (2010). It considers if there should be new language included in arbitration agreements or language excluded from them in order to prevent class action suits and consolidated arbitration.
The Law and Restorative Justice: Friend or Foe? A Systemic Look at the Legal Issues in Restorative Justice
February 8, 2012
This article examines the current and potential roles for restorative justice in the criminal justice system. Specific applications, including mediation, family group conferencing, sentencing circles, and reparative boards, are all studied. The constitutional implications and the role of lawyers in restorative justice programs are also explored.
February 8, 2012
This article examines the current and potential roles for restorative justice in the criminal justice system. Specific applications, including mediation, family group conferencing, sentencing circles, and reparative boards, are all studied. The constitutional implications and the role of lawyers in restorative justice programs are also explored.
Comment, Old Presumptions Never Die: Rethinking the Steelworkers Trilogy’s Presumption of Arbitration in Deciding the Arbitrability of Side Letters
February 8, 2012
This article discusses the presumption for labor arbitration set-out by the Supreme Court in the Steelworkers Trilogy of cases. The article discusses how the labor environment has changed since these cases were decided and suggests a new presumption.
February 8, 2012
This article discusses the presumption for labor arbitration set-out by the Supreme Court in the Steelworkers Trilogy of cases. The article discusses how the labor environment has changed since these cases were decided and suggests a new presumption.
Meditation and Mediation
February 8, 2012
This article describes meditation generally, draws theoretical connections between meditation and mediation, and concludes by offering practical suggestions for integrating the two endeavors to increase a mediator's impartiality, humility, and compassion.
February 8, 2012
This article describes meditation generally, draws theoretical connections between meditation and mediation, and concludes by offering practical suggestions for integrating the two endeavors to increase a mediator's impartiality, humility, and compassion.
Wall Street Meets the Wild West: Bringing Law and Order to Securities Arbitration
February 8, 2012
This article analyzes the current NASD arbitration system that virtually all investors utilize to resolve disputes with their brokers. The author's analysis suggests that the current system needs reform in order to live up to the claim that the system is a true alternative to adjudication.
February 8, 2012
This article analyzes the current NASD arbitration system that virtually all investors utilize to resolve disputes with their brokers. The author's analysis suggests that the current system needs reform in order to live up to the claim that the system is a true alternative to adjudication.
