References
Contracting Access to the Courts: Myth or Reality? Boon or Bane?
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Mediation in the Health Care System: Creative Problem Solving
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Faith-Based Arbitration: Friend or Foe? An Evaluation of Religious Arbitration Systems and Their Interaction With Secular Courts
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Rule-Based Dispute Resolution in International Trade Law
February 8, 2012
Why does the United States ever prefer to settle disputes under a system of rules rather than a system of negotiations? Powerful states are advantaged by negotiation-based approaches to settling disagreements because they have the resources to resolve individual disputes on favorable terms. By contrast, rule-based dispute resolution advantages weak states as a means to hold powerful states to the terms of their agreements. Then why did the United States want a rule-based system to settle international...
February 8, 2012
Why does the United States ever prefer to settle disputes under a system of rules rather than a system of negotiations? Powerful states are advantaged by negotiation-based approaches to settling disagreements because they have the resources to resolve individual disputes on favorable terms. By contrast, rule-based dispute resolution advantages weak states as a means to hold powerful states to the terms of their agreements. Then why did the United States want a rule-based system to settle international...
The Restorative Justice Wager: The Promise and Hope of a Value-Based, Dialogue-Driven Approach to Conflict Resolution for Social Healing
February 8, 2012
Vogel argues that restorative justice offers a refreshing framework for thinking about crime and wrongdoing by wagering that every human being wants to be connected in a good way by using dialogue to build community. Using this wager as his general premise, the author explains that restorative justice may have many applications beyond the criminal context, especially where issues of social justice among groups of people arise.
February 8, 2012
Vogel argues that restorative justice offers a refreshing framework for thinking about crime and wrongdoing by wagering that every human being wants to be connected in a good way by using dialogue to build community. Using this wager as his general premise, the author explains that restorative justice may have many applications beyond the criminal context, especially where issues of social justice among groups of people arise.
A View of the Future in Semiconductor Process: Patent Prosecution in Class 438 Under the United States Patent and Trademark Office’s Final Claims and Continuations Rules
February 8, 2012
This note suggests that within the negotiation of patent prosecutions, alternative dispute resolution principles should apply under the PTO's new rules.
February 8, 2012
This note suggests that within the negotiation of patent prosecutions, alternative dispute resolution principles should apply under the PTO's new rules.
Resolving Treaty Conflicts
February 8, 2012
This comprehensive article discusses international conflict resolution related to treaties and the limitations of the Vienna Convention on the Law of Treaties (VCLT) in addressing current conflicts. In emphasizing the need for applying more than one technique to such difficulties, the article provides a five-part analysis, including a description of treaty conflicts, conflict resolution techniques as alternatives to the application of the VCLT, the strengths and weaknesses of the VCLT conflict resolution...
February 8, 2012
This comprehensive article discusses international conflict resolution related to treaties and the limitations of the Vienna Convention on the Law of Treaties (VCLT) in addressing current conflicts. In emphasizing the need for applying more than one technique to such difficulties, the article provides a five-part analysis, including a description of treaty conflicts, conflict resolution techniques as alternatives to the application of the VCLT, the strengths and weaknesses of the VCLT conflict resolution...
Critical Conflicts Between First-Wave and Feminist Critical Approaches to Alternative Dispute Resolution
February 8, 2012
This article separates critical legal scholarship into two categories: first-wave and feminist. Thus, bifurcated the author analyzes critical legal scholarship through the conflicting sentiments existing within critical legal scholarship toward Alternative Dispute Resolution. The article suggests that such an analysis enables an understanding of the divergence in approach between first-wave and later critical legal scholarship.
February 8, 2012
This article separates critical legal scholarship into two categories: first-wave and feminist. Thus, bifurcated the author analyzes critical legal scholarship through the conflicting sentiments existing within critical legal scholarship toward Alternative Dispute Resolution. The article suggests that such an analysis enables an understanding of the divergence in approach between first-wave and later critical legal scholarship.
Negotiate or Litigate? Effects of the WTO Judicial Delegation on U.S. Trade Politics
February 8, 2012
This article looks at the judicial law-making process in the World Trade Organization (WTO) and the dispute-settlement decisions invoked. Overall, the article examines dispute resolution in the WTO.
February 8, 2012
This article looks at the judicial law-making process in the World Trade Organization (WTO) and the dispute-settlement decisions invoked. Overall, the article examines dispute resolution in the WTO.
