References
Comment, Lessons from China?: Keeping Divorce Rates Low in the Modern Era
February 8, 2012
One of the major differences between China's divorce laws and the United States' divorce laws occurs in the stages before the couple reaches adjudication. In China, mediation is often required. Generally, a couple is allowed to utilize the courts only after a consensus cannot be reached through mediation techniques and a judge may decide that it is necessary for the couple to pursue additional mediation.
February 8, 2012
One of the major differences between China's divorce laws and the United States' divorce laws occurs in the stages before the couple reaches adjudication. In China, mediation is often required. Generally, a couple is allowed to utilize the courts only after a consensus cannot be reached through mediation techniques and a judge may decide that it is necessary for the couple to pursue additional mediation.
The Contract Transformation in Land Use Regulation
February 8, 2012
Land usage regulation has shifted from a hierarchical, permit-granting model towards a negotiation-centric model with a binding contract as its goal. The author discusses how the private, bilateral nature of contract negotiations represents a shift away from the values of the original regulatory scheme, and how these types of negotiations both comport with and deviate from the so called New Governance scheme, particularly in their lack of transparency and multi-party collaboration.
February 8, 2012
Land usage regulation has shifted from a hierarchical, permit-granting model towards a negotiation-centric model with a binding contract as its goal. The author discusses how the private, bilateral nature of contract negotiations represents a shift away from the values of the original regulatory scheme, and how these types of negotiations both comport with and deviate from the so called New Governance scheme, particularly in their lack of transparency and multi-party collaboration.
Rethinking American Arbitration
February 8, 2012
In this 1987 article, Professor Stipanowich extensively analyzes data from an unprecedented broad-based survey on contract-based commercial arbitration in the United States. The study, based on a survey by the ABA Forum on the Construction Industry, provides considerable insight into experiences and perceptions of American attorneys regarding arbitration and litigation of construction and engineering disputes
February 8, 2012
In this 1987 article, Professor Stipanowich extensively analyzes data from an unprecedented broad-based survey on contract-based commercial arbitration in the United States. The study, based on a survey by the ABA Forum on the Construction Industry, provides considerable insight into experiences and perceptions of American attorneys regarding arbitration and litigation of construction and engineering disputes
Interstate Commerce: The Ongoing Federalization of Commercial Arbitration in Montana
February 8, 2012
Gaitis discusses how in the last decade the courts in Montana have attempted to limit the Federal Arbitration Act's effects on parties in Montana. He argues that recent Supreme Court decisions along with decisions of the Ninth Circuit have increased the power of arbitrators at the expense of Montanans.
February 8, 2012
Gaitis discusses how in the last decade the courts in Montana have attempted to limit the Federal Arbitration Act's effects on parties in Montana. He argues that recent Supreme Court decisions along with decisions of the Ninth Circuit have increased the power of arbitrators at the expense of Montanans.
A Quick and Inexpensive System for Resolving Peer-to-Peer Copyright Disputes
February 8, 2012
Copyright owners' initial response to peer-to-peer file sharing-trying to shut down the technologies that facilitate file sharing-is bad for society. It would be preferable to lower enforcement costs for copyright owners by making dispute resolution quick and cheap. The Uniform Dispute Resolution Policy (UDRP) provides a model for Internet domain name trademark disputes. The UDRP also provides an alternative dispute resolution system for trademark owners' disputes with infringers.
February 8, 2012
Copyright owners' initial response to peer-to-peer file sharing-trying to shut down the technologies that facilitate file sharing-is bad for society. It would be preferable to lower enforcement costs for copyright owners by making dispute resolution quick and cheap. The Uniform Dispute Resolution Policy (UDRP) provides a model for Internet domain name trademark disputes. The UDRP also provides an alternative dispute resolution system for trademark owners' disputes with infringers.
Beginning a Relationship with the Break Up in Mind: Drafting Valid Arbitration Clauses in an Employment Agreement
February 8, 2012
As a practicing attorney, Castleberry presents a realistic view of the costs and benefits of arbitration clauses in employment contracts and when an employer should consider having an arbitration clause. Additionally, he highlights that not all arbitration clauses are enforceable and gives advice on how to avoid possible pitfalls.
February 8, 2012
As a practicing attorney, Castleberry presents a realistic view of the costs and benefits of arbitration clauses in employment contracts and when an employer should consider having an arbitration clause. Additionally, he highlights that not all arbitration clauses are enforceable and gives advice on how to avoid possible pitfalls.
Arbitration in a Nutshell
February 8, 2012
A basic introduction to U.S. arbitration law, this book explains the case law providing for the enforceability of arbitration agreements, and illustrates common uses of arbitration, including labor, commercial, employment, consumer, and securities disputes.
February 8, 2012
A basic introduction to U.S. arbitration law, this book explains the case law providing for the enforceability of arbitration agreements, and illustrates common uses of arbitration, including labor, commercial, employment, consumer, and securities disputes.
Scaling the Stonewall: Retaining Lawyers to Bolster Credibility
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
China International Economic Trade Arbitration Commission in 2006: New Rules, Same Results?
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
History and Development of Collaborative Practice
February 8, 2012
This article focuses on the origins, development, and future of collaborative practice. It describes how collaborative practice grew from one attorney in Minnesota to tens of thousands of attorneys, mental health professionals, and financial experts throughout the world during the course of twenty years. Finally, the article looks at the future of collaborative practice, including the challenges that need to be addressed and the possibilities for great expansion.
February 8, 2012
This article focuses on the origins, development, and future of collaborative practice. It describes how collaborative practice grew from one attorney in Minnesota to tens of thousands of attorneys, mental health professionals, and financial experts throughout the world during the course of twenty years. Finally, the article looks at the future of collaborative practice, including the challenges that need to be addressed and the possibilities for great expansion.
