References
Treating Tribes Differently: Civil Jurisdiction Inside and Outside Indian Country
February 8, 2012
The author analyzes why Native American tribes are treated differently from states, but are indistinguishable under the existing jurisdictional framework established by the Supreme Court despite wide-ranging differences between tribes. The article features discussion of dispute resolution mechanisms employed by the various Native American tribes, including some that resemble mediation.
February 8, 2012
The author analyzes why Native American tribes are treated differently from states, but are indistinguishable under the existing jurisdictional framework established by the Supreme Court despite wide-ranging differences between tribes. The article features discussion of dispute resolution mechanisms employed by the various Native American tribes, including some that resemble mediation.
The Federalization and Privatization of Public Consumer Protection Law in the United States: Their Effect on Litigation and Enforcement
February 8, 2012
The consumer protection laws discussed in this article involve consumer sales, payment, and credit transactions. The article begins by describing several of the major federal and state statutes that govern the consumer marketplace. The author then discusses the privatization of consumer law, primarily through mandatory pre-dispute arbitration
February 8, 2012
The consumer protection laws discussed in this article involve consumer sales, payment, and credit transactions. The article begins by describing several of the major federal and state statutes that govern the consumer marketplace. The author then discusses the privatization of consumer law, primarily through mandatory pre-dispute arbitration
Behavioral Decision Theory: Processes of Judgment and Choice
February 8, 2012
Why are normative theories so prevalent in the study of judgment and choice, yet virtually absent in other branches of science? For example, imagine that atoms and molecules failed to follow the laws supposed to describe their behavior. Few would call such behavior irrational or suboptimal. However, if people violate expected utility axioms or do not revise probabilities in accord with Bayes's theorem, such behavior is considered suboptimal and perhaps irrational. What is the difference, if any,...
February 8, 2012
Why are normative theories so prevalent in the study of judgment and choice, yet virtually absent in other branches of science? For example, imagine that atoms and molecules failed to follow the laws supposed to describe their behavior. Few would call such behavior irrational or suboptimal. However, if people violate expected utility axioms or do not revise probabilities in accord with Bayes's theorem, such behavior is considered suboptimal and perhaps irrational. What is the difference, if any,...
Note, Florida Appellate Mediation: Promising New Rules and Ethical Challenges
February 8, 2012
This student not analyzes the implementation and utility of Florida's new appellate mediation rules. The article also explores ethical concerns that may arise in their application, sets forth the background of appellate mediation in Florida, discusses the newly adopted amendments to the Florida Rules of Appellate Procedure and Florida Rules of Certified and Court-Appointed Mediators, and compares the new appellate mediation rules to the mediation rules from the Eleventh Circuit Court of Appeals....
February 8, 2012
This student not analyzes the implementation and utility of Florida's new appellate mediation rules. The article also explores ethical concerns that may arise in their application, sets forth the background of appellate mediation in Florida, discusses the newly adopted amendments to the Florida Rules of Appellate Procedure and Florida Rules of Certified and Court-Appointed Mediators, and compares the new appellate mediation rules to the mediation rules from the Eleventh Circuit Court of Appeals....
Note, Preserving Collective-Action Rights in Employment Arbitration
February 8, 2012
This Note argues that an arbitration contract's prohibition of employee class actions alone is insufficient to show an unfair labor practice when other avenues for effectuating Section 7 rights remain available. A promising solution is for employers to implement open arbitration. This involves employers adopting arbitration procedures that provide for public disclosure of outcomes and the right to present prior awards as persuasive precedent.
February 8, 2012
This Note argues that an arbitration contract's prohibition of employee class actions alone is insufficient to show an unfair labor practice when other avenues for effectuating Section 7 rights remain available. A promising solution is for employers to implement open arbitration. This involves employers adopting arbitration procedures that provide for public disclosure of outcomes and the right to present prior awards as persuasive precedent.
Negotiation Excellence: Successful Deal Making
February 8, 2012
This book's goal is to teach its reader to be an effective negotiator. It begins with preparing for a negotiation and takes the reader through to the conclusion of an effective negotiation. In emphasizing the link between negotiation theory and practice, this boo explains how to negotiate accross cultures and the ethical concerns facing negotiators.
February 8, 2012
This book's goal is to teach its reader to be an effective negotiator. It begins with preparing for a negotiation and takes the reader through to the conclusion of an effective negotiation. In emphasizing the link between negotiation theory and practice, this boo explains how to negotiate accross cultures and the ethical concerns facing negotiators.
Commercia Conflict Management and Dispute Resolution
February 8, 2012
This book describes various techniques designed to resolve conflicts and disputes arising from commerce generally, construction project managememt, construction management, and construction law. The author provides a deep understanding of each procedure, while explaining the prnciples and methods for conflicting management, such as negotion, risk management, mediation, and conciliation, and providing guidance for the reader for the reader for when each approach is appropriate in common situations,
February 8, 2012
This book describes various techniques designed to resolve conflicts and disputes arising from commerce generally, construction project managememt, construction management, and construction law. The author provides a deep understanding of each procedure, while explaining the prnciples and methods for conflicting management, such as negotion, risk management, mediation, and conciliation, and providing guidance for the reader for the reader for when each approach is appropriate in common situations,
The Wave/Particle Tension in Negotiation
February 8, 2012
This article proposes that negotiation should best be viewed through an analogy to the wave/particle duality of matter, a notion found in quantum mechanics. The negotiation process should be viewed as both as adversarial and collaborative process, with the negotiator determining which approach is more suitable for the task at hand.
February 8, 2012
This article proposes that negotiation should best be viewed through an analogy to the wave/particle duality of matter, a notion found in quantum mechanics. The negotiation process should be viewed as both as adversarial and collaborative process, with the negotiator determining which approach is more suitable for the task at hand.
International Arbitration of Patent Disputes
February 8, 2012
This article focuses on arbitration as a method of settling international patent disputes. The article addresses the arbitrability of patent validity disputes and the advantages of arbitration in such a setting and proposes considerations that decision makers must take into account when employing international commercial arbitration as a method of dispute resolution.
February 8, 2012
This article focuses on arbitration as a method of settling international patent disputes. The article addresses the arbitrability of patent validity disputes and the advantages of arbitration in such a setting and proposes considerations that decision makers must take into account when employing international commercial arbitration as a method of dispute resolution.
