References
Chairing Multilateral Negotiations: The Case of the United Nations
February 8, 2012
This book focuses on the role that the chairmanship office plays in negotiations between confliciting countries in the United Nations. It analyzes and looks in depth at the role that chairmanship office has had since its origin and how that has changed throughou its history, looking particularly at the impact the pffice has in multilateral negotiations.
February 8, 2012
This book focuses on the role that the chairmanship office plays in negotiations between confliciting countries in the United Nations. It analyzes and looks in depth at the role that chairmanship office has had since its origin and how that has changed throughou its history, looking particularly at the impact the pffice has in multilateral negotiations.
Managing Manure: Using Good Neighbor Agreements to Regulate Pollution from Agricultural Production
February 8, 2012
This author looks at the increasing number of nuisance suits brought against farmers and the shortcomings in environmental law in dealing with this problem. This note argues that by negotiating contracts known as good neighbor agreements, farmers and local community members can work cooperatively to make farm operations more transparent and environmentally friendly. These agreements, the author argues, would be the best way to protect farmers from potential nuisance suits.
February 8, 2012
This author looks at the increasing number of nuisance suits brought against farmers and the shortcomings in environmental law in dealing with this problem. This note argues that by negotiating contracts known as good neighbor agreements, farmers and local community members can work cooperatively to make farm operations more transparent and environmentally friendly. These agreements, the author argues, would be the best way to protect farmers from potential nuisance suits.
Bargaining in the Shadow of Peoplesoft’s (Defective) Poison Pill
February 8, 2012
This article notes that Oracle's hostile takeover bid for Peoplesoft in 2004 will likely become the most famous M&A deal of the decade. The Peoplesoft poison pill, designed to stop such a hostile takeover, was defective, which led to an interesting dynamic in the merger negotiations. The author provides some lessons for future negotiations from the failures on both sides of this hostile takeover.
February 8, 2012
This article notes that Oracle's hostile takeover bid for Peoplesoft in 2004 will likely become the most famous M&A deal of the decade. The Peoplesoft poison pill, designed to stop such a hostile takeover, was defective, which led to an interesting dynamic in the merger negotiations. The author provides some lessons for future negotiations from the failures on both sides of this hostile takeover.
Judicial Review of Arbitration Awards in the Fifth Circuit
February 8, 2012
This article explains the difficulty of vacating an adverse arbitration decision under the law of the Fifth Circuit. The Article explains the nature of arbitration, the Federal Arbitration Acts requirements for judicial review, and relevant Fifth Circuit jurisprudence.
February 8, 2012
This article explains the difficulty of vacating an adverse arbitration decision under the law of the Fifth Circuit. The Article explains the nature of arbitration, the Federal Arbitration Acts requirements for judicial review, and relevant Fifth Circuit jurisprudence.
Note, Tailoring the Taylor Law: Restoring a Balance of Power to Bargaining
February 8, 2012
This article examines New York State's Taylor Law and is disruptive effect to the balance of bargaining power for public employees in labor disputes. The article argues that this outcome is antithetical to legitimate bargaining. The article further argues for a modification of the Taylor Law in order to restore the balance of power between employers and workers while simultaneously maintaining the public order.
February 8, 2012
This article examines New York State's Taylor Law and is disruptive effect to the balance of bargaining power for public employees in labor disputes. The article argues that this outcome is antithetical to legitimate bargaining. The article further argues for a modification of the Taylor Law in order to restore the balance of power between employers and workers while simultaneously maintaining the public order.
A Dual-Role Bilingual Mediator is Inefficient and Unethical
February 8, 2012
This article discusses the ethical duties and rules, particularly relating to neutrality and confidentiality, of bilingual attorneys who serve as both a mediator and an interpreter. The author analyzes the issues with the dual-role, specifically the ethical quandaries, potential inefficiency, and interpreter fatigue, to concluded that bilingual mediations should not be used. The author provides a proposal as to what should be done in the context of mediation where parties speak different languages....
February 8, 2012
This article discusses the ethical duties and rules, particularly relating to neutrality and confidentiality, of bilingual attorneys who serve as both a mediator and an interpreter. The author analyzes the issues with the dual-role, specifically the ethical quandaries, potential inefficiency, and interpreter fatigue, to concluded that bilingual mediations should not be used. The author provides a proposal as to what should be done in the context of mediation where parties speak different languages....
In the Supreme Court of Texas: Approval of Ethical Guidelines for Mediators
February 8, 2012
This article briefly discusses the need for ethical guidelines for mediators in Texas. After looking at the history of the guidelines, the article then presents the newly approved guidelines for the reader.
February 8, 2012
This article briefly discusses the need for ethical guidelines for mediators in Texas. After looking at the history of the guidelines, the article then presents the newly approved guidelines for the reader.
Clubhouse Controversy: A Study of Dispute Resolution Processes between Teammates in Major League Baseball
February 8, 2012
This article addresses all of the various dispute resolution techniques employed by professional baseball players in Major League Baseball. This article begins with an examination of the venue in which players resolve disputes, then introduces the various forms of conflict that arise, followed by the methods used to decide these conflicts, and ultimately concludes with a comparison between Major Leaguers and athletes in other countries regarding dispute resolution techniques.
February 8, 2012
This article addresses all of the various dispute resolution techniques employed by professional baseball players in Major League Baseball. This article begins with an examination of the venue in which players resolve disputes, then introduces the various forms of conflict that arise, followed by the methods used to decide these conflicts, and ultimately concludes with a comparison between Major Leaguers and athletes in other countries regarding dispute resolution techniques.
The September 11th Victim Compensation Fund: An Effective Adminstrative Reponse to National Tragedy
February 8, 2012
The September 11th Victim Compensation Fund is analyzed from both a procedural and substantive viewpoint. The author looks at how the fund was enacted and how the rules of the fund developed. A detailed analysis about how claims are resolved and compensation paid is also provided. The fund, as an administrative process, is compared with traditional legal remedies.
February 8, 2012
The September 11th Victim Compensation Fund is analyzed from both a procedural and substantive viewpoint. The author looks at how the fund was enacted and how the rules of the fund developed. A detailed analysis about how claims are resolved and compensation paid is also provided. The fund, as an administrative process, is compared with traditional legal remedies.
Oracle v. Peoplesoft: A Case Study
February 8, 2012
The authors look at the recent Orace v. Peoplesofi case, which arose thanks in large part to failed merger negotiations between the parties prior to J.D. Edwards purchasing Peoplesoft. This article illustrates how companies must be careful in dealing with negotiations.
February 8, 2012
The authors look at the recent Orace v. Peoplesofi case, which arose thanks in large part to failed merger negotiations between the parties prior to J.D. Edwards purchasing Peoplesoft. This article illustrates how companies must be careful in dealing with negotiations.
