References
One Size Does Not Fit All: Differentiating ADR Processes
February 8, 2012
This article presents a deconstructionist view of ADR and its connotations. It gives particular focus to the way mediation has become synonymous with ADR.
February 8, 2012
This article presents a deconstructionist view of ADR and its connotations. It gives particular focus to the way mediation has become synonymous with ADR.
Investor-State Disputes in Latin America: A Judgment on the Interaction Between Arbitration, Property Rights Protection, and Economic Development
February 8, 2012
This article explores the increase of ADR use in Latin America by International Business Organizations. Many compelling issues have arisen where a country's laws of property rights conflict with a business's right to advance economically.
February 8, 2012
This article explores the increase of ADR use in Latin America by International Business Organizations. Many compelling issues have arisen where a country's laws of property rights conflict with a business's right to advance economically.
The Evolution of the New Lawyer: How Lawyers Are Reshaping the Practice of Law
February 8, 2012
This article examines some of the most significant changes affecting legal practice, especially civil litigation, and asks what adjustments in the professional identity and role of the lawyer these imply. The author presents suggestions in the areas of client advocacy, legal negotiation, and the lawyerclient relationship.
February 8, 2012
This article examines some of the most significant changes affecting legal practice, especially civil litigation, and asks what adjustments in the professional identity and role of the lawyer these imply. The author presents suggestions in the areas of client advocacy, legal negotiation, and the lawyerclient relationship.
Elevator Company Goes Down; Mandatory Arbitration Provisions as Applied to Pending Civil Rights Claims in the Employment Context
February 8, 2012
This article discusses the need for greater protections for employees in mandatory arbitration contracts within the context of civil rights disputes with employers.
February 8, 2012
This article discusses the need for greater protections for employees in mandatory arbitration contracts within the context of civil rights disputes with employers.
Making WTO Remedies Work for Developing Nations: The Need for Class Actions
February 8, 2012
This article describes how developing nations are at a disadvantage during the WTO's dispute settlement process. This process provides a mechanism for resolving disputes based on alleged government violations of negotiated WTO commitments. As a result of the disadvantage felt by developing nations, the author suggests imposing a class action litigation strategy in which each nation would play an active role in the dispute settlement process.
February 8, 2012
This article describes how developing nations are at a disadvantage during the WTO's dispute settlement process. This process provides a mechanism for resolving disputes based on alleged government violations of negotiated WTO commitments. As a result of the disadvantage felt by developing nations, the author suggests imposing a class action litigation strategy in which each nation would play an active role in the dispute settlement process.
Arbitration and Litigation in the U.S. Against State-Owned Oil Companies
February 8, 2012
This article addresses the use of arbitration and litigation is disputes arising against state-owned oil companies. The article also addresses how the Foreign Sovereign Immunities Act of 1976 affects such disputes.
February 8, 2012
This article addresses the use of arbitration and litigation is disputes arising against state-owned oil companies. The article also addresses how the Foreign Sovereign Immunities Act of 1976 affects such disputes.
Solving the (Section) 1782 Puzzle: Bringin Certainty to the debate Over 28 U.S.C. (Section) 1782’s Application to International Arbitration
February 8, 2012
The Supreme Court recently expanded the scope of 28 U.S.C. (Section) 1782, a statute pertaining to court-ordered discovery in international proceedings, to include foreign arbitral proceedings as well. The article presents an indepth history of (Section) 1782, discusses a framework for how courts should apply the law to international arbitral proceedings, and explains why courts have not granted as many discovery requests under the law as expected.
February 8, 2012
The Supreme Court recently expanded the scope of 28 U.S.C. (Section) 1782, a statute pertaining to court-ordered discovery in international proceedings, to include foreign arbitral proceedings as well. The article presents an indepth history of (Section) 1782, discusses a framework for how courts should apply the law to international arbitral proceedings, and explains why courts have not granted as many discovery requests under the law as expected.
Stories for Peace: Resolving Conflicts, Handling Bullies
February 8, 2012
The book is a collection of takes from cultures around the world that highlight how various conflicts can be solved peacefully. Each story or essay is designed to ask questions and provide possible answers to issues around bullying, war and peace
February 8, 2012
The book is a collection of takes from cultures around the world that highlight how various conflicts can be solved peacefully. Each story or essay is designed to ask questions and provide possible answers to issues around bullying, war and peace
Advocating for Understanding: Why the Understanding-based Mediation Model Works
February 8, 2012
The author contrasts understanding-based mediation with more traditional forms of mediation, and concludes that understanding-based mediation is more conducive to dispute resolution. Specifically, he highlights the non-caucus nature of understanding-based mediation. Keeping everyone in the same room reduces perceived mediator bias, and reduces mediator control over the proceedings.
February 8, 2012
The author contrasts understanding-based mediation with more traditional forms of mediation, and concludes that understanding-based mediation is more conducive to dispute resolution. Specifically, he highlights the non-caucus nature of understanding-based mediation. Keeping everyone in the same room reduces perceived mediator bias, and reduces mediator control over the proceedings.
Comparative Corporate Criminal Liability: Exploring the Uniquely American Doctrine Through Comparative Criminal Procedure
February 8, 2012
The article compares the German and American system for criminal procedure. Specifically, it focuses on the advantages that American prosecutors have over German prosecutors, including the greater freedom to negotiate plea bargains. It also discusses some of the effects of that freedom to negotiate.
February 8, 2012
The article compares the German and American system for criminal procedure. Specifically, it focuses on the advantages that American prosecutors have over German prosecutors, including the greater freedom to negotiate plea bargains. It also discusses some of the effects of that freedom to negotiate.
