References
Hidden in the Shadows: The Perilous Use of ADR by the Catholic Church
February 8, 2012
The article examines the history of, and parties and interests involved in, the Catholic Church sex abuse dispute, the Church's current use of ADR, and factors for a successful mediation. The article concludes that ADR, despite its unique advantages in satisfying some of the parties' interests, fails to truly resolve the problem successfully by shielding the offenders, fostering abuse of imbalance of power, and preventing creation of precedent.
February 8, 2012
The article examines the history of, and parties and interests involved in, the Catholic Church sex abuse dispute, the Church's current use of ADR, and factors for a successful mediation. The article concludes that ADR, despite its unique advantages in satisfying some of the parties' interests, fails to truly resolve the problem successfully by shielding the offenders, fostering abuse of imbalance of power, and preventing creation of precedent.
Damages: Using a Case Study to Teach Law, Lawyering, and Dispute Resolution
February 8, 2012
Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of Medicine, by Barry Werth, an investigative reporter who spent several years researching to write the book. Damages, an in-depth account of a medical malpractice case, presents the perspectives of the injured family, the defendant physician, the lawyers, and the three mediators. In this...
February 8, 2012
Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of Medicine, by Barry Werth, an investigative reporter who spent several years researching to write the book. Damages, an in-depth account of a medical malpractice case, presents the perspectives of the injured family, the defendant physician, the lawyers, and the three mediators. In this...
Halting, Altering and Agreeing
February 8, 2012
This article concerns the dispute-resolution process that occurs in the context of Chapter 11 bankruptcy. The author argues that the Chapter 11 bankruptcy dispute system accomplishes many goals of Alternative Dispute Resolution (ADR), and at the same time avoids many of the ideological and substantive critiques associated with ADR. Chapter 11 bankruptcy represents a process of Halting, Altering, and Agreeing that differs substantially from the classic Naming, Claiming, and Blaming dispute process....
February 8, 2012
This article concerns the dispute-resolution process that occurs in the context of Chapter 11 bankruptcy. The author argues that the Chapter 11 bankruptcy dispute system accomplishes many goals of Alternative Dispute Resolution (ADR), and at the same time avoids many of the ideological and substantive critiques associated with ADR. Chapter 11 bankruptcy represents a process of Halting, Altering, and Agreeing that differs substantially from the classic Naming, Claiming, and Blaming dispute process....
Is Sport Losing Its Integrity?
February 8, 2012
This article argues that the erosion of sporting integrity is partly attributable to the weakness of the dispute resolution system's ability to cope with cases arising from gambling and drugs coming forward for adjudication dealing with corruption. The paper contends that eh current arbitration model is not up to the challenge, and that the effect of inadequate pursuit of existing regulation and its lack of administration enforcement, combined with this ineffective adjudication, are causing the erosion...
February 8, 2012
This article argues that the erosion of sporting integrity is partly attributable to the weakness of the dispute resolution system's ability to cope with cases arising from gambling and drugs coming forward for adjudication dealing with corruption. The paper contends that eh current arbitration model is not up to the challenge, and that the effect of inadequate pursuit of existing regulation and its lack of administration enforcement, combined with this ineffective adjudication, are causing the erosion...
Shame by Any Other Name: Lessons for Restorative Justice from the Principles, Traditions and Practices of Alcoholics Anonymous
February 8, 2012
This article addresses current shortcomings in the various approaches to restorative justice or criminal ADR, such as victim-offender mediation programs. The author suggests that a comprehensive understanding of shame is vital for the practice of restorative justice to achieve its goals to rehabilitate offenders and heal communities.
February 8, 2012
This article addresses current shortcomings in the various approaches to restorative justice or criminal ADR, such as victim-offender mediation programs. The author suggests that a comprehensive understanding of shame is vital for the practice of restorative justice to achieve its goals to rehabilitate offenders and heal communities.
State Secrets and the Limits of National Security Litigation
February 8, 2012
The state secrets privilege has played a central role in the Justice Department's response to civil litigation arising out of post-9/11 policies, culminating in a controversial decision by Judge T.S. Ellis concerning a lawsuit brought by a German citizen - Khaled El-Masri - whom the U.S. allegedly had rendered (by mistake) from Macedonia to Afghanistan for interrogation. Reasoning that the entire aim of the suit is to prove the existence of state secrets, Judge Ellis held that the complaint had to be dismissed...
February 8, 2012
The state secrets privilege has played a central role in the Justice Department's response to civil litigation arising out of post-9/11 policies, culminating in a controversial decision by Judge T.S. Ellis concerning a lawsuit brought by a German citizen - Khaled El-Masri - whom the U.S. allegedly had rendered (by mistake) from Macedonia to Afghanistan for interrogation. Reasoning that the entire aim of the suit is to prove the existence of state secrets, Judge Ellis held that the complaint had to be dismissed...
Stumbling Down the Courthouse Steps: Mediators’ Perceptions of the Stumbling Blocks to Successful Mandated Mediation in Child Custody and Visitation
February 8, 2012
The authors performed a study into practitioners' perceptions of what reduces the effectiveness of mandatory mediation in family law contexts and make suggestions as to how the process may be improved.
February 8, 2012
The authors performed a study into practitioners' perceptions of what reduces the effectiveness of mandatory mediation in family law contexts and make suggestions as to how the process may be improved.
The Viable Morality of Constitutional (and Other) Compromises: A Comment on Sanford Levinson’s Compromise and Constitutionalism
February 8, 2012
The author explores the uniqueness of constitutional formation in terms of dispute resolution. She reminds the reader that the implications of settlements must be evaluated against variable, relative circumstances, rather than against universal standards of what is principled.
February 8, 2012
The author explores the uniqueness of constitutional formation in terms of dispute resolution. She reminds the reader that the implications of settlements must be evaluated against variable, relative circumstances, rather than against universal standards of what is principled.
A Theory of Access to Justice
February 8, 2012
The author begins the article with a autobiography of her experience with resource dispute resolution (RDR). She then examines the inadequacy of RDR allocation and its consequences, especially when involving low- resource disputants. The article explains several proposals, including community lawyering and improving mediation programs, which could break the cycle and prevent low-income disputants from being major victims.
February 8, 2012
The author begins the article with a autobiography of her experience with resource dispute resolution (RDR). She then examines the inadequacy of RDR allocation and its consequences, especially when involving low- resource disputants. The article explains several proposals, including community lawyering and improving mediation programs, which could break the cycle and prevent low-income disputants from being major victims.
ACTA as a New Kind of International IP Lawmaking
February 8, 2012
The article states that negotiators need to pay attention to local models in negotiations when working with IP law because, without these models, countries have reasons to oppose treaties. Models for exceptions are also needed so that IP balance can be achieved.
February 8, 2012
The article states that negotiators need to pay attention to local models in negotiations when working with IP law because, without these models, countries have reasons to oppose treaties. Models for exceptions are also needed so that IP balance can be achieved.
