References
The Sport Dispute Resolution Centre of Canada: An Innovative Development in Canadian Amateur Sport
February 8, 2012
This article discusses the importance of alternative dispute resolution within the Canadian amateur sport community. It explains the passage and impact of Bill C-12, which resulted in the creation of the Sport Dispute Resolution Centre of Canada (SDRCC). Jodouin provides a thorough analysis of the SDRCC and argues that the SDRCC's structure allows it to avoid weak aspects of arbitration as identified by Slaikeu and Hasson's (1998) dispute resolution model.
February 8, 2012
This article discusses the importance of alternative dispute resolution within the Canadian amateur sport community. It explains the passage and impact of Bill C-12, which resulted in the creation of the Sport Dispute Resolution Centre of Canada (SDRCC). Jodouin provides a thorough analysis of the SDRCC and argues that the SDRCC's structure allows it to avoid weak aspects of arbitration as identified by Slaikeu and Hasson's (1998) dispute resolution model.
A New Trend in the Law of Privilege: The Federal Settlement Privilege and the Proper Use of Federal Rule of Evidence 501 for the Recognition of New Privilege
February 8, 2012
This article concerns the newly recognized settlement privilege, which is a privilege between adverse parties for communications made at the bargaining table while attempting to settle a dispute. The author discusses the history behind the settlement privilege's recent emergence in the Sixth Circuit, its relation to the legislative history of Federal Rule of Evidence 501, as well as the proper use of the settlement privilege in court.
February 8, 2012
This article concerns the newly recognized settlement privilege, which is a privilege between adverse parties for communications made at the bargaining table while attempting to settle a dispute. The author discusses the history behind the settlement privilege's recent emergence in the Sixth Circuit, its relation to the legislative history of Federal Rule of Evidence 501, as well as the proper use of the settlement privilege in court.
Comment, The Unable to Agree Requirement and Texas Condemnation Law: A Critical Analysis of Hubenak v. San Jacinto Gas Transmission Co.
February 8, 2012
This article addresses a Texas court's interpretation of the unable to agree requirement in a condemnation statute. Specifically, the court interpreted the statute to compel good faith negotiations between the condemner and the landowner. This requirement furthers the statutory purpose of encouraging negotiations.
February 8, 2012
This article addresses a Texas court's interpretation of the unable to agree requirement in a condemnation statute. Specifically, the court interpreted the statute to compel good faith negotiations between the condemner and the landowner. This requirement furthers the statutory purpose of encouraging negotiations.
The Case for Best Practice Standards in Restorative Justice Processes
February 8, 2012
The restorative justice movement has a promising future in helping to reform modem criminal justice systems through its ability to allow offenders to make amends to victims. There are also significant risks, especially for feelings of re-victimization, and it is necessary to develop a set of universally accepted standards or best practices.
February 8, 2012
The restorative justice movement has a promising future in helping to reform modem criminal justice systems through its ability to allow offenders to make amends to victims. There are also significant risks, especially for feelings of re-victimization, and it is necessary to develop a set of universally accepted standards or best practices.
Style vs. Model: Why Quibble?
February 8, 2012
The author posits that the type of language used in mediation is critical to the mediation itself and in defining what mediators do.
February 8, 2012
The author posits that the type of language used in mediation is critical to the mediation itself and in defining what mediators do.
Effects of Trial Complexity on Decision Making
February 8, 2012
The ability of a civil jury to render fair and rational decisions in complex trials has been questioned. However, the nature, dimensions, and effects of trial complexity on decision making have rarely been addressed. In this research, jury-eligible adults saw a videotape of a complex civil trial that varied in information load and complexity of the language of the witnesses. Information load and complexity differentially affected liability and compensatory decisions. An increase in the number of plaintiffs...
February 8, 2012
The ability of a civil jury to render fair and rational decisions in complex trials has been questioned. However, the nature, dimensions, and effects of trial complexity on decision making have rarely been addressed. In this research, jury-eligible adults saw a videotape of a complex civil trial that varied in information load and complexity of the language of the witnesses. Information load and complexity differentially affected liability and compensatory decisions. An increase in the number of plaintiffs...
Note, Outsourcing and Collective Bargaining:A Win-Win for Employers and Employees
February 8, 2012
Outsourcing opportunities allows employers to maintain their competitive advantage. It is easy to paint a picture of labor and management entrenching themselves on opposite sides, gearing up for a massive war about the future of outsourcing. Encouraging parties to use collective bargaining to come up with creative solutions to deal with outsourcing decisions is vital to promoting and ensuring domestic industrial peace as envisioned in the National Labor Relations Act.
February 8, 2012
Outsourcing opportunities allows employers to maintain their competitive advantage. It is easy to paint a picture of labor and management entrenching themselves on opposite sides, gearing up for a massive war about the future of outsourcing. Encouraging parties to use collective bargaining to come up with creative solutions to deal with outsourcing decisions is vital to promoting and ensuring domestic industrial peace as envisioned in the National Labor Relations Act.
The Five Golden Rules of Negotiation for Lawyers
February 8, 2012
Latz sets out five rules that attorneys should follow in order to avoid making common mistakes in negotiations. Following the five rules increases an attorney's ability to get what he or she and the client wants. The five golden rules stipulate a strategic negotiator will get information, maximize leverage, employ fair and objective criteria, design an offer-concession strategy, and control the agenda.
February 8, 2012
Latz sets out five rules that attorneys should follow in order to avoid making common mistakes in negotiations. Following the five rules increases an attorney's ability to get what he or she and the client wants. The five golden rules stipulate a strategic negotiator will get information, maximize leverage, employ fair and objective criteria, design an offer-concession strategy, and control the agenda.
Recent Development, Jack Ehleiter v. Grapetree Shores, Inc.
February 8, 2012
In Jack Ehleiter v. Grapetree Shores, Inc., the Third Circuit held that courts, not arbitrators, decide the question of arbitration waiver. This has deepened the circuit split: the First and Third Circuits have held it is a question for the courts, and the Eighth has held it is a matter to be resolved by the arbitrator.
February 8, 2012
In Jack Ehleiter v. Grapetree Shores, Inc., the Third Circuit held that courts, not arbitrators, decide the question of arbitration waiver. This has deepened the circuit split: the First and Third Circuits have held it is a question for the courts, and the Eighth has held it is a matter to be resolved by the arbitrator.
Note, The Anticybersquatting Consumer Protection Act and the Uniform Domain Name Dispute Resolution Policy: The First Decade: Looking Back and Adopting Forward
February 8, 2012
Cyber-squatting is a practice whereby individuals attempt to profit off of the good name of corporations by occupying domain names that closely relate to a corporation's name. The author investigates the history of cyber-squatting and the techniques used to resolve disputes between squatters and corporations. The article then calls for Congress, as opposed to the courts, to extend anti-cyber-squatting legislation to keep up with offenders' new techniques.
February 8, 2012
Cyber-squatting is a practice whereby individuals attempt to profit off of the good name of corporations by occupying domain names that closely relate to a corporation's name. The author investigates the history of cyber-squatting and the techniques used to resolve disputes between squatters and corporations. The article then calls for Congress, as opposed to the courts, to extend anti-cyber-squatting legislation to keep up with offenders' new techniques.
