References
The WTO’s Dispute Resolution Mechanism: Does the United States Take it Seriously?
February 8, 2012
This article examines the effects of the World Trade Organization's (WTO) dispute resolution system on United States' intellectual property legislation after passage of the Fairness in Music Licensing Act (FMLA). After analyzing the FMLA and the development of dispute resolution processes for intellectual property within the WTO, Lapter is cautiously optimistic that the U.S. will continue to work with WTO signatories and within the WTO's dispute resolution framework.
February 8, 2012
This article examines the effects of the World Trade Organization's (WTO) dispute resolution system on United States' intellectual property legislation after passage of the Fairness in Music Licensing Act (FMLA). After analyzing the FMLA and the development of dispute resolution processes for intellectual property within the WTO, Lapter is cautiously optimistic that the U.S. will continue to work with WTO signatories and within the WTO's dispute resolution framework.
Procedural Justice and the Rule of Law: Fostering Legitimacy in Alternative Dispute Resolution
February 8, 2012
This article discusses the relationship between the rule of law and alternative dispute resolution, suggesting that the psychological concept of procedural justice can help alternative dispute resolution n systems exist in harmony with rule of law values. The article specifically addresses how procedural justice and the rule of law foster perceptions of legitimacy in alternative dispute resolution, which is often viewed as less legitimate than its formal, judicial counterpart.
February 8, 2012
This article discusses the relationship between the rule of law and alternative dispute resolution, suggesting that the psychological concept of procedural justice can help alternative dispute resolution n systems exist in harmony with rule of law values. The article specifically addresses how procedural justice and the rule of law foster perceptions of legitimacy in alternative dispute resolution, which is often viewed as less legitimate than its formal, judicial counterpart.
In re Culture: The Cross-Cultural Negotiations Course in the Law School Curriculum
February 8, 2012
This article describes the inadequate attention law schools give to cross- cultural negotiations. This reality is surprising, especially after the clash of culture became apparent post-9/11 and given the increasingly international character of modern legal practice. Culture is an important aspect of dispute resolution, and if law schools pay more attention to the area, the study of cross-cultural negotiations will bring new and fruitful scholarship to the dispute resolution field.
February 8, 2012
This article describes the inadequate attention law schools give to cross- cultural negotiations. This reality is surprising, especially after the clash of culture became apparent post-9/11 and given the increasingly international character of modern legal practice. Culture is an important aspect of dispute resolution, and if law schools pay more attention to the area, the study of cross-cultural negotiations will bring new and fruitful scholarship to the dispute resolution field.
The Valuation of Damages in International Investment Disputes
February 8, 2012
This article analyzes the valuation of damages processes in international disputes. Specifically, it focuses on the valuation of damages in Kuwait caused by the invasion of Iraqi forces.
February 8, 2012
This article analyzes the valuation of damages processes in international disputes. Specifically, it focuses on the valuation of damages in Kuwait caused by the invasion of Iraqi forces.
Federal Agency ADR: Turning Square Corners to Meet Real Challenge
February 8, 2012
There is an old saying that citizens must turn square corners when dealing with the government. Perhaps the same applies when the government is dealing with citizens. This article states that in federal agency ADR, these two principles go hand in hand, but haven't always been that way in practice.
February 8, 2012
There is an old saying that citizens must turn square corners when dealing with the government. Perhaps the same applies when the government is dealing with citizens. This article states that in federal agency ADR, these two principles go hand in hand, but haven't always been that way in practice.
Communication, Conflict, and the Management of Difference
February 8, 2012
The book examines the root of conflict between people in various settings, and then suggests ways to manage conflict through mediation. The book takes a step-by-step view of the mediation process, and details how each step helps resolve disputes.
February 8, 2012
The book examines the root of conflict between people in various settings, and then suggests ways to manage conflict through mediation. The book takes a step-by-step view of the mediation process, and details how each step helps resolve disputes.
Negotiating Political Conflicts
February 8, 2012
The author argues that negotiations are the only way to resolve conflict in an increasingly interdependent world. The author bases this argument on a lengthy discussion of negotiations, how they should work, and how cultural differences help shape them.
February 8, 2012
The author argues that negotiations are the only way to resolve conflict in an increasingly interdependent world. The author bases this argument on a lengthy discussion of negotiations, how they should work, and how cultural differences help shape them.
Note, In re Uncertainty: A Uniform and Confidential Treatment of Evidentiary and Advocacy Materials Used in Mediation
February 8, 2012
Recognizing the gaps in current mediation confidentiality procedures, Owen urges the adoption of Sections 4 and 5 of the UMA by state and federal governments, and also suggests that courts consider certain uniform factors in determining the confidentiality of advocatory materials and evidence that are not governed by the UMA. Owen discusses the purposes of protecting this material and the vastly different approaches to mediation confidentiality of state and federal courts.
February 8, 2012
Recognizing the gaps in current mediation confidentiality procedures, Owen urges the adoption of Sections 4 and 5 of the UMA by state and federal governments, and also suggests that courts consider certain uniform factors in determining the confidentiality of advocatory materials and evidence that are not governed by the UMA. Owen discusses the purposes of protecting this material and the vastly different approaches to mediation confidentiality of state and federal courts.
Recent Development, Koons Ford of Baltimore, Inc. v. Lobach
February 8, 2012
Maryland's highest court found that consumer arbitration clauses cannot require binding arbitration for Magnuson Moss Warranty Act claims. The decision has deepened the current split about what should predominate warranty claims: the Federal Arbitration Act or the Magnuson Moss Warranty Act.
February 8, 2012
Maryland's highest court found that consumer arbitration clauses cannot require binding arbitration for Magnuson Moss Warranty Act claims. The decision has deepened the current split about what should predominate warranty claims: the Federal Arbitration Act or the Magnuson Moss Warranty Act.
Comment, Unlicensed to Drill: Proposed Renovations to the Texas Residential Construction Commission Act
February 8, 2012
In this article, ADR is discussed as a viable option to use under the Texas Residential Construction Commission Act. It specifically touches on the fact that homeowners must pay significant sums to the Texas Residential Construction Commission to initiate ADR under the Act. The author uses this fact to illustrate an instance of consumer protection being sacrificed for growth in the economy.
February 8, 2012
In this article, ADR is discussed as a viable option to use under the Texas Residential Construction Commission Act. It specifically touches on the fact that homeowners must pay significant sums to the Texas Residential Construction Commission to initiate ADR under the Act. The author uses this fact to illustrate an instance of consumer protection being sacrificed for growth in the economy.
