References
Escaping the Shadow of Malpractice Law
February 8, 2012
This article focuses primarily on healthcare policy, communication theory, and medical malpractice doctrine. The article looks to the need for, and obstacles to, addressing non-judiciable claims, how malpractice law shapes the ways in which other disputes are addressed in medical settings, and the potential for creating change through professional, organizational, and legal developments.
February 8, 2012
This article focuses primarily on healthcare policy, communication theory, and medical malpractice doctrine. The article looks to the need for, and obstacles to, addressing non-judiciable claims, how malpractice law shapes the ways in which other disputes are addressed in medical settings, and the potential for creating change through professional, organizational, and legal developments.
Trail Smelter Dejgi Vu: Extraterritoriality,International Environmental Law, and the Search for Solutions to Canadian-U.S. Transboundary Water Pollution Disputes
February 8, 2012
This article examines the problem of transboundary pollution between the United States and Canada. It discusses the Trail Smelter Arbitration, a landmark decision in international environmental law, and the current Trail Smelter dispute. This article concludes that the use of international arbitration provides an effective, and too often overlooked, way to resolve transboundary water pollution issues.
February 8, 2012
This article examines the problem of transboundary pollution between the United States and Canada. It discusses the Trail Smelter Arbitration, a landmark decision in international environmental law, and the current Trail Smelter dispute. This article concludes that the use of international arbitration provides an effective, and too often overlooked, way to resolve transboundary water pollution issues.
A Winning Solution for YouTube and Utube? Corresponding Trademarks and Domain Name Sharing
February 8, 2012
This article discusses the possible development of domain name sharing strategies. The author maintains that if a new arbitration procedure were added to the Uniform Domain Name Dispute Resolution Policy to facilitate domain name sharing on the basis of the complainant's assertion of a legitimate trademark interest corresponding to the relevant domain name, the registrant of the domain name should be entitled to oppose the assertion.
February 8, 2012
This article discusses the possible development of domain name sharing strategies. The author maintains that if a new arbitration procedure were added to the Uniform Domain Name Dispute Resolution Policy to facilitate domain name sharing on the basis of the complainant's assertion of a legitimate trademark interest corresponding to the relevant domain name, the registrant of the domain name should be entitled to oppose the assertion.
Regulating International Arbitrators: A Functional Approach to Developing Standards of Conduct
February 8, 2012
This article discusses the difficulty in regulating arbitrators, particularly because of the recent growth in arbitration. The article emphasizes the need for clear standards for arbitrators to follow, specifically focusing on the difficultly in defining arbitrator standards such as impartial and independent. The true meaning of these terms must be considered before progress can be made.
February 8, 2012
This article discusses the difficulty in regulating arbitrators, particularly because of the recent growth in arbitration. The article emphasizes the need for clear standards for arbitrators to follow, specifically focusing on the difficultly in defining arbitrator standards such as impartial and independent. The true meaning of these terms must be considered before progress can be made.
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...
The Evolving Role of the Labor Arbitrator
February 8, 2012
The authors explore the evolving role of the labor arbitrator with respect to the parties' expectations and public law. Issues include: the traditional role of the arbitrator as an instrument of the parties' system of workplace self- government, the expansion of public regulation of the workplace, and potential conflicts between the arbitrator's accountability to the parties' expectations and the arbitrator's evolving role as adjudicator of employees' public law claims.
February 8, 2012
The authors explore the evolving role of the labor arbitrator with respect to the parties' expectations and public law. Issues include: the traditional role of the arbitrator as an instrument of the parties' system of workplace self- government, the expansion of public regulation of the workplace, and potential conflicts between the arbitrator's accountability to the parties' expectations and the arbitrator's evolving role as adjudicator of employees' public law claims.
The Discourse Beneath: Emotional Epistemology in Legal Deliberation and Negotiation
February 8, 2012
The author explores the relationship between emotion and traditional legal remedies, as well as in alternative dispute resolution. While lawyers are often discouraged from using their emotional knowledge, emotionality is an important part of our culture. An effective negotiator must consult a constant stream of emotional data to keep a negotiation on track.
February 8, 2012
The author explores the relationship between emotion and traditional legal remedies, as well as in alternative dispute resolution. While lawyers are often discouraged from using their emotional knowledge, emotionality is an important part of our culture. An effective negotiator must consult a constant stream of emotional data to keep a negotiation on track.
