References
El Agua No Se Vende: Water is Not For Sale! The Latin American Water Tribunal as a Model for Advancing Access to Water
February 8, 2012
The author uses a case study of the Mazahua water crisis in Mexico and the Latin American Water Tribunal as a dynamic example of how regions can resolve conflicts between resource-commandeering governments and indigenous people.
February 8, 2012
The author uses a case study of the Mazahua water crisis in Mexico and the Latin American Water Tribunal as a dynamic example of how regions can resolve conflicts between resource-commandeering governments and indigenous people.
The War Against Arbitration in Montana
February 8, 2012
The author discusses mandatory arbitration clauses in contracts, and Montana's repeated efforts to marginalize and prohibit their use. He criticizes the Montana Supreme Court for prohibiting pre-dispute arbitration clauses in the name of freedom of contract. Freedom of contract, he concludes, must allow parties to agree to mandatory arbitration clauses because they may be willing to forgo some of the procedural protections in litigation for a faster, cheaper resolution.
February 8, 2012
The author discusses mandatory arbitration clauses in contracts, and Montana's repeated efforts to marginalize and prohibit their use. He criticizes the Montana Supreme Court for prohibiting pre-dispute arbitration clauses in the name of freedom of contract. Freedom of contract, he concludes, must allow parties to agree to mandatory arbitration clauses because they may be willing to forgo some of the procedural protections in litigation for a faster, cheaper resolution.
Compulsory Pre-Dispute Arbitration Clauses in the Employment Context After EEOC v. Luce, Forward, Hamilton & Scripps
February 8, 2012
The author argues that despite recent circuit court decisions, enforceability of employee agreements to arbitrate claims arising under federal anti- discrimination law is far from settled. The author contends that the issue will soon be revisited because it is apparent to the legislators that compelled arbitration is not an appropriate method for resolving such claims. The author suggests ways to ensure appropriate procedures for the resolution of pending statutory employment discrimination claims.
February 8, 2012
The author argues that despite recent circuit court decisions, enforceability of employee agreements to arbitrate claims arising under federal anti- discrimination law is far from settled. The author contends that the issue will soon be revisited because it is apparent to the legislators that compelled arbitration is not an appropriate method for resolving such claims. The author suggests ways to ensure appropriate procedures for the resolution of pending statutory employment discrimination claims.
How Terrell Owens, Collective Bargaining, and Forfeiture Restrictions Created a Moral Hazard that Caused the NFL Crime Wave and What It Meant for Michael Vick
February 8, 2012
The article claims that after Terrell Owens lost his grievance in 2005, the National Football League Players Association (NFLPA) won discipline and salary forfeiture amendments to the NFL's Collective Bargaining Agreement (CBA) that reversed years of NFL arbitration precedent. The article further describes the basic structure of the CBA and the NFL Player Contract, detailing arbitrations preceding the 2006 CBA.
February 8, 2012
The article claims that after Terrell Owens lost his grievance in 2005, the National Football League Players Association (NFLPA) won discipline and salary forfeiture amendments to the NFL's Collective Bargaining Agreement (CBA) that reversed years of NFL arbitration precedent. The article further describes the basic structure of the CBA and the NFL Player Contract, detailing arbitrations preceding the 2006 CBA.
Multiple Explanation: A Consider-an-Alternative Strategy for Debiasing Judgments
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Transitional Corporations, Global Competition Policy, and the Shortcomings of Private International Law
February 8, 2012
With global competition policy challenged by the continuing growth of transnational corporations, this article argues that to survive transnational corporations must be able to solve external problems arising in market transactions using internal means. throughout the article, the author discusses how TNCs often use arbitration panels and tribunals of this reason.
February 8, 2012
With global competition policy challenged by the continuing growth of transnational corporations, this article argues that to survive transnational corporations must be able to solve external problems arising in market transactions using internal means. throughout the article, the author discusses how TNCs often use arbitration panels and tribunals of this reason.
Conflict Resolution For Managers and Leaders: The CDR Associates Training Package
February 8, 2012
This training program has been recognized for its high quality, effective, and innovative approach to handling conflict in diverse workplace settings. This is a comprehensive training program.
February 8, 2012
This training program has been recognized for its high quality, effective, and innovative approach to handling conflict in diverse workplace settings. This is a comprehensive training program.
Note, Rethinking Prima Paint Separability in Today’s Changed Arbitration Regime: The Case for Inseparability and Judicial Decisionmaking in the Context of Mental Incapacity Defenses
February 8, 2012
This Note discusses whether the doctrine of separability applies where a consumer asserts a mental incapacity formation-based defense in response to a motion to compel arbitration. The author compares the Supreme Court's decision in favor of separability to two recent circuit court opinions that seem to distinguish this prior ruling. The author argues that courts should look to other considerations like the nature of a parties' defense, policies under the Federal Arbitration Act, and the parties'...
February 8, 2012
This Note discusses whether the doctrine of separability applies where a consumer asserts a mental incapacity formation-based defense in response to a motion to compel arbitration. The author compares the Supreme Court's decision in favor of separability to two recent circuit court opinions that seem to distinguish this prior ruling. The author argues that courts should look to other considerations like the nature of a parties' defense, policies under the Federal Arbitration Act, and the parties'...
Celebritysquatting: The Ubiquity of Celebrity Culture and the Unique Problem It Presents for Domain Name Ownership
February 8, 2012
This comment discusses the inherent problems with mediation and litigation when celebrities attempt to claim internet domain names. It offers various suggestions to make these techniques more effective.
February 8, 2012
This comment discusses the inherent problems with mediation and litigation when celebrities attempt to claim internet domain names. It offers various suggestions to make these techniques more effective.
Strategic Tort-Mediation Negotiation For The Defense
February 8, 2012
This book discusses strategies to employ in order to become more successful in conducting negotiations.
February 8, 2012
This book discusses strategies to employ in order to become more successful in conducting negotiations.
