References
Confronting Conventional Thinking: The Heuristics Problem in Feminist Legal Theory
February 8, 2012
The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem...
February 8, 2012
The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem...
Enforcement of Mercosur Arbitration Awards Within the Domestic Legal Orders of Member States
February 8, 2012
The creation of a common market among Argentina, Brazil, Paraguay, and Uruguay encouraged economic development both locally and within the international scene. This article details the dispute resolution scheme created to handle conflicts that arose within this market, focusing specifically on the Protocols of Brasilia, Ouro Preto, and Olivos and the application of these Protocols in arbitration.
February 8, 2012
The creation of a common market among Argentina, Brazil, Paraguay, and Uruguay encouraged economic development both locally and within the international scene. This article details the dispute resolution scheme created to handle conflicts that arose within this market, focusing specifically on the Protocols of Brasilia, Ouro Preto, and Olivos and the application of these Protocols in arbitration.
Ambiguity, Sovereignty, and Identity in Ireland: Peace and Transition
February 8, 2012
The author describes the development of peace between Ireland and Great Britain through compromise negotiations among political leaders. The ambiguity in positions allows competing sides to maintain differing views of the future, but also allows the parties to negotiate an agreement on that future. An effect of such negotiations has been recognizing the rights of minority populations, which is proving to be vital in enhancing the peace.
February 8, 2012
The author describes the development of peace between Ireland and Great Britain through compromise negotiations among political leaders. The ambiguity in positions allows competing sides to maintain differing views of the future, but also allows the parties to negotiate an agreement on that future. An effect of such negotiations has been recognizing the rights of minority populations, which is proving to be vital in enhancing the peace.
Mandatory Court-Annexed Alternative Dispute Resolution in the United States Federal Court: Panacea or Pandemic?
February 8, 2012
The article discusses the current state of mandatory court-annexed ADR in the United States federal courts. Topics covered include a summary of the development of ADR in the federal courts and the positions of proponents and critics of ADR court initiatives.
February 8, 2012
The article discusses the current state of mandatory court-annexed ADR in the United States federal courts. Topics covered include a summary of the development of ADR in the federal courts and the positions of proponents and critics of ADR court initiatives.
How Mediation Works: A Guide to Effective Use of ADR
February 8, 2012
Raisfeld's article is designed to familiarize employment attorneys with the basic principles of of alternative dispute resolution and the process of resolving a dispute. Practical topics are emphasized including how to decide whether to use mediation.
February 8, 2012
Raisfeld's article is designed to familiarize employment attorneys with the basic principles of of alternative dispute resolution and the process of resolving a dispute. Practical topics are emphasized including how to decide whether to use mediation.
Leading Through Conflict: How Successful Leaders Transform Differences and Opportunities
February 8, 2012
Mark Gerzon begins this book by discussing the traits of three types of leaders: demagogue, manager, and mediator; he believes that the most successful model of leadership is the mediator. Gerzon then goes on to discuss eight essential tools for mediator-leaders to use in resolving conflict and leading others, including innovation, dialogue, and inquiry. He ends with a short Appendix, a quick-reference guide for mediators who find themselves in the midst of a crisis
February 8, 2012
Mark Gerzon begins this book by discussing the traits of three types of leaders: demagogue, manager, and mediator; he believes that the most successful model of leadership is the mediator. Gerzon then goes on to discuss eight essential tools for mediator-leaders to use in resolving conflict and leading others, including innovation, dialogue, and inquiry. He ends with a short Appendix, a quick-reference guide for mediators who find themselves in the midst of a crisis
Doing the Right Thing: An Empirical Study of Attorney Negotiation Ethics
February 8, 2012
In this article, the authors suggest that negotiation tactics mirror litigation tactics, whereby attorneys seek to withhold information, prove the strength of their argument, and defeat the opposing counsel. To prevent such tactics, the authors propose that there should be more clarification, education, and enforcement of the ABA's Model Rules of Professional Conduct Rule 4.1.
February 8, 2012
In this article, the authors suggest that negotiation tactics mirror litigation tactics, whereby attorneys seek to withhold information, prove the strength of their argument, and defeat the opposing counsel. To prevent such tactics, the authors propose that there should be more clarification, education, and enforcement of the ABA's Model Rules of Professional Conduct Rule 4.1.
Debiasing Through Law
February 8, 2012
Human beings are often boundedly rational. In the face of bounded rationality, the legal system might attempt either to debias law, by insulating legal outcomes from the effects of boundedly rational behavior, or instead to debias through law, by steering legal actors in more rational directions. Legal analysts have focused most heavily on insulating outcomes from the effects of bounded rationality. In fact, however, a large number of actual and imaginable legal strategies are efforts to engage in debiasing...
February 8, 2012
Human beings are often boundedly rational. In the face of bounded rationality, the legal system might attempt either to debias law, by insulating legal outcomes from the effects of boundedly rational behavior, or instead to debias through law, by steering legal actors in more rational directions. Legal analysts have focused most heavily on insulating outcomes from the effects of bounded rationality. In fact, however, a large number of actual and imaginable legal strategies are efforts to engage in debiasing...
The Iran-U.S. Claims Tribunal at 25: The Cases Everyone Needs to Know for Inverstor-State & International Arbitration
February 8, 2012
Drahozal and Gibson provide readers with a critical base to study how the Iran-U.S. Claims Tribunal jurisprudence can be relevant to investor-State arbitration. The book contains a commentary from experts on the usefulness of Tribunal precedent in international dispute resolution.
February 8, 2012
Drahozal and Gibson provide readers with a critical base to study how the Iran-U.S. Claims Tribunal jurisprudence can be relevant to investor-State arbitration. The book contains a commentary from experts on the usefulness of Tribunal precedent in international dispute resolution.
Note, Settling Beyond the Shadow of the Law: How Mediation Can Make the Most of Social Norms
February 8, 2012
Belhorn argues that law and economic theories have ignored empirical research and had a negative effect on the negotiation process. Next, Belhorn looks to history and identifies the Law Merchant as having a profound influence on contemporary developments in mediation. Finally, he encourages research of social norms to create a better mediation practice.
February 8, 2012
Belhorn argues that law and economic theories have ignored empirical research and had a negative effect on the negotiation process. Next, Belhorn looks to history and identifies the Law Merchant as having a profound influence on contemporary developments in mediation. Finally, he encourages research of social norms to create a better mediation practice.
