References
AAA Handbook on Labor Arbitration
February 8, 2012
This is the American Arbitration Association publication serving as an introduction to the various labor-related fields in which arbitration is likely to be used.
February 8, 2012
This is the American Arbitration Association publication serving as an introduction to the various labor-related fields in which arbitration is likely to be used.
Conflict Resolution Skills for Teens
February 8, 2012
This book focuses on providing practical activities and resources designed to help teens develop knowledge, skills, and techniques necessary for effective conflict resolution. Specific Activities in the book cover areas such as handling confrontations, the language of conflict, coping with anger, managing moods and dealing with criticism, rules for fighting fair and explorign alternatives to conflict.
February 8, 2012
This book focuses on providing practical activities and resources designed to help teens develop knowledge, skills, and techniques necessary for effective conflict resolution. Specific Activities in the book cover areas such as handling confrontations, the language of conflict, coping with anger, managing moods and dealing with criticism, rules for fighting fair and explorign alternatives to conflict.
The Unconsionability Game: Strategic Judging and the Evolution of Federal Arbitration Law
February 8, 2012
This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts...
February 8, 2012
This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts...
The Oxymoron of Measuring the Immeasurable: Potential and Challenges of Determining Mediation Developments in the U.S.,
February 8, 2012
This article looks at the Mediation Receptivity Index (MRI). The article presents a first attempt to develop a detailed methodology to determine the MRI and apply it to currently available empirical data. The author also discusses the difficulties that have been encountered, thus providing a starting point for further research.
February 8, 2012
This article looks at the Mediation Receptivity Index (MRI). The article presents a first attempt to develop a detailed methodology to determine the MRI and apply it to currently available empirical data. The author also discusses the difficulties that have been encountered, thus providing a starting point for further research.
Selecting the Correct Standard for Judicial Review Grievance Arbitration Decisions
February 8, 2012
This article examines what standard of review should apply when courts are asked to set aside grievance arbitration awards in the airline industry. The author concludes that high deference should be granted to these decisions.
February 8, 2012
This article examines what standard of review should apply when courts are asked to set aside grievance arbitration awards in the airline industry. The author concludes that high deference should be granted to these decisions.
Note, Choice of Law and Islamic Finance
February 8, 2012
This article examines difficulties arising Islamic finance disputes. Often Sharia compliant contracts draft choice of law provisions combining the law of Sharia and that of a country. When resolving a contract dispute in a court of law, problems arise when Sharia principles purportedly override the law of that country. Those seeking to engage in Sharia-compliant transactions find a preferable venue in an arbitral tribunal specializing in Islamic finance.
February 8, 2012
This article examines difficulties arising Islamic finance disputes. Often Sharia compliant contracts draft choice of law provisions combining the law of Sharia and that of a country. When resolving a contract dispute in a court of law, problems arise when Sharia principles purportedly override the law of that country. Those seeking to engage in Sharia-compliant transactions find a preferable venue in an arbitral tribunal specializing in Islamic finance.
The Shifting Nature of Salvage Law: A View from a Distance
February 8, 2012
This article discusses the development of salvage law. Once governed by general maritime law, salvage law is increasingly being governed by private contracts between vessel owners and those who salvage. Leading the way in this development is the use of Lloyd's Open Form. In reviewing Lloyd's Open Form, this article notes that the Form advocates arbitration. This article considers the possibility of U.S. courts recognizing arbitration awards rendered under Lloyd's Open Form.
February 8, 2012
This article discusses the development of salvage law. Once governed by general maritime law, salvage law is increasingly being governed by private contracts between vessel owners and those who salvage. Leading the way in this development is the use of Lloyd's Open Form. In reviewing Lloyd's Open Form, this article notes that the Form advocates arbitration. This article considers the possibility of U.S. courts recognizing arbitration awards rendered under Lloyd's Open Form.
Labor Relations and Labor Law in Japan
February 8, 2012
This article argues that up until the 1990s, Japanese labor law facilitated private bargaining instead of engineering a desired outcome directly through legal regulations. Through this indirect approach, Japanese labor law made a highly positive contribution to the attainment of economic efficiency. After the 1990s, the merits of Japanese employment customs diminished and while such reforms were made in some aspects, Japanese labor law has taken the stance of directly regulating the economy which...
February 8, 2012
This article argues that up until the 1990s, Japanese labor law facilitated private bargaining instead of engineering a desired outcome directly through legal regulations. Through this indirect approach, Japanese labor law made a highly positive contribution to the attainment of economic efficiency. After the 1990s, the merits of Japanese employment customs diminished and while such reforms were made in some aspects, Japanese labor law has taken the stance of directly regulating the economy which...
The Potential Positive Impact of the Ethical Lawyer-Legislator on American Legislative Politics
February 8, 2012
This comment examines the unethical nature of American legislators, as observed by the American public. The author argues that the same moral foundation that students gain in legal education should be employed by lawyer-legislators within the public sphere. The author cites dispute resolution as an integral aspect of the ethical training in legal education. Furthermore, the article posits that expertise in dispute resolution should produce ethical lawyer-legislators.
February 8, 2012
This comment examines the unethical nature of American legislators, as observed by the American public. The author argues that the same moral foundation that students gain in legal education should be employed by lawyer-legislators within the public sphere. The author cites dispute resolution as an integral aspect of the ethical training in legal education. Furthermore, the article posits that expertise in dispute resolution should produce ethical lawyer-legislators.
Farming Out Regulatory Responsibility: Private Parties in the Biotechnology Age
February 8, 2012
The regulatory framework for genetically modified organisms (GMOs) is horizontally fractured. Implementation of regulations has been delegated from agencies to manufacturers to producers. Developing and developed nations have different GMO concerns, as shown by the interaction of international treaties with the member state's own priorities. As a result of the regulatory fragmentation, private parties play a role in the regulation through contracts, patents, and litigation.
February 8, 2012
The regulatory framework for genetically modified organisms (GMOs) is horizontally fractured. Implementation of regulations has been delegated from agencies to manufacturers to producers. Developing and developed nations have different GMO concerns, as shown by the interaction of international treaties with the member state's own priorities. As a result of the regulatory fragmentation, private parties play a role in the regulation through contracts, patents, and litigation.
