Download or read book Order without Law written by Robert C. ELLICKSON and published by Harvard University Press. This book was released on 2009-06-30 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Integrating the current research in law, economics, sociology, game theory and anthropology, this text demonstrates that people largely govern themselves by means of informal rules - social norms - without the need for a state or other central co-ordinator to lay down the law.
Download or read book New Frontiers in Asia Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Download or read book Intellectual Property and International Dispute Resolution written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2019-08-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich. Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master’s Programme at Maastricht University, the Netherlands. About this book: Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. What’s in this book: In this important book, a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. The contributions cover such aspects as: history and current practice of international dispute resolution; direct application of international agreements by national courts; comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards; what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property; legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and how societal interests could influence future legislation in the field of intellectual property law. One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals and their outcome. How this book will help you: The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to internationally operating companies, policymakers, practitioners and scholars in both international trade law and intellectual property law.
Download or read book Designing Systems and Processes for Managing Disputes written by Nancy H. Rogers and published by Aspen Publishing. This book was released on 2018-12-03 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designing Systems and Processes for Managing Disputes features a hands-on, interdisciplinary approach with wide-ranging practical applications. Seven real-life case studies and numerous examples have students designing and implementing a process for resolving and preventing disputes where traditional processes have failed. This is a must-read for students and practitioners alike. New to the Second Edition: A chapter-long focus on facilitation skills for designers The addition of a seventh central case study related to processes following the Trayvon Martin shooting in Sanford, Florida A new appendix with an overview of mediation for students who have not taken a prior course in mediation An interesting new story by a Brazilian judge who used Designing Systems and Processes for Managing Disputes to create new processes to resolve multiple cases, some pending over 20 years, arising from lands taken to create a new national park A new question focusing on the issues related to designing court-connected mediation programs Updates throughout all chapters and the appendix Professors and students will benefit from: Focus on skills development for dispute systems designers A multidisciplinary approach Biographies of designers, providing students with a sense of how to get into dispute systems design work An appendix assisting students who have no background in dispute resolution, with brief overviews of negotiation, mediation, and arbitration Problems and exercises to help students apply their learning Examples of complex disputes Featured disputes including eBay, a child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Handbook on the Peaceful Settlement of Disputes Between States written by United Nations. Codification Division and published by New York : United Nations. This book was released on 1992 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Digital Justice written by Ethan Katsh and published by Oxford University Press. This book was released on 2017-03-09 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
Download or read book The Handbook of Dispute Resolution written by Michael L. Moffitt and published by John Wiley & Sons. This book was released on 2012-06-28 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.
Download or read book A Matter of Dispute written by Christopher J. Peters and published by Oxford University Press. This book was released on 2011-01-19 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.
Download or read book Dispute Resolution written by Stephen B. Goldberg and published by Aspen Publishers. This book was released on 1995 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This best-selling casebook has already helped thousands of students master the fundamentals of dispute resolution. With its broad, comprehensive coverage & direct, accessible approach, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes, Third Edition, is ideally suited for use in the traditional ADR survey course. For each of the three main branches of alternative dispute resolution negotiation, mediation, & arbitration the authors: critically examine the branch & its "hybrid" offshoots present careful explanations giving students a solid foundation for future practice describe & analyze applications & their appropriate environments present hypothetical exercises that allow students to evaluate the technique Scrupulously updated for its Third Edition, DISPUTE RESOLUTION: Negotiation, Mediation, & Other Processes now offers: new social science findings on the effectiveness of mediation new coverage of mediation regulation a new section on mediation in the context of cultural differences more detailed treatment of ethics issue timely material on malpractice liability & non-union arbitration a new appendix providing a Research Guide to ADR new problems of the same high quality the book has always represented For the latest coverage of the most important issues in ADR, you can depend on Goldberg, Sander, & Rogers & their proven-effective casebook, which is accompanied by a solid Teacher's Manual.
Download or read book Beyond Dispute written by Stafford Beer and published by John Wiley & Sons. This book was released on 1994-09-20 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last forty years, Stafford Beer has published a steady stream of books and papers in which he has applied cybernetic science to organizational problems. In all of these he has explained underlying principles and developed new theories and recorded a great variety of practical applications. He has now invented and demonstrated Team Syntegrity. Syntegrity is a powerful invention in the organization of normative, directional, and strategic planning, and other creative decision processes. The underlying model is a regular icosahedron (20 sides). This has 30 edges, each of which represents a person. An internal network of interactions is created by a set of protocols. A group organized like this is an ultimate statement of participatory democracy, since each role is indistinguishable from any other. There is no hierarchy, no top, no bottom, no sideways. Beer illustrates how continued dynamic interaction between persons causes ideas and resolutions to hum around the sphere, which reverberates into a kind of group consciousness. Mathematical analysis of the structure shows how the process is determined by the even spread of synergy. The aim of the book is to provide managers and their advisors with a new planning method that captures the native genius of the organization in a non-political and non-hierarchical way. The book includes an enquiry into Beer?s concept of recursive consciousness, based on this model, that is relevant to both neurocybernetics and the social systems sciences.
Download or read book Documentary in Dispute written by Sarah M. Miller and published by National Geographic Books. This book was released on 2020-12-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recreation of a landmark in 1930s documentary photography. The 1939 book Changing New York by Berenice Abbott, with text by Elizabeth McCausland, is a landmark of American documentary photography and the career-defining publication by one of modernism's most prominent photographers. Yet no one has ever seen the book that Abbott and McCausland actually planned and wrote. In this book, art historian Sarah M. Miller recreates Abbott and McCausland's original manuscript for Changing New York by sequencing Abbott's one hundred photographs with McCausland's astonishing caption texts. This reconstruction is accompanied by a selection of archival documents that illuminate how the project was developed, and how the original publisher drastically altered it. Miller analyzes the manuscript and its revisions to unearth Abbott and McCausland's critical engagement with New York City's built environment and their unique theory of documentary photography. The battle over Changing New York, she argues, stemmed from disputes over how Abbott's photographs—and photography more broadly—should shape urban experience on the eve of the futuristic 1939 World's Fair. Ultimately it became a contest over the definition of documentary itself. Gary Van Zante and Julia Van Haaften contribute an essay on Abbott's archive and the partnership with McCausland that shaped their creative collaboration. Copublished with Ryerson Image Centre, Toronto
Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Technology and Dispute Resolution written by Riikka Koulu and published by Routledge. This book was released on 2018-09-24 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.
Download or read book The South West Africa Namibia Dispute written by John Dugard and published by Univ of California Press. This book was released on 1973-01-01 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compilation of documents and scholarly writings on the international political aspects and legal aspects of the conflict between South Africa R and the UN over the legal status of Namibia, and over the role of South Africa R therein - presents all the relevant decisions and judgments of the ICJ, together with commentaries, and covers the historical origin of the mandate system, the application of Apartheid to namibia, etc. Bibliography pp. 543 to 562 and references.
Download or read book Dispute Settlement Reports 2019 Volume 3 Pages 1099 to 1744 written by World Trade Organization and published by Cambridge University Press. This book was released on 2021-04-22 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: These are the WTO's authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. DSR 2019: Volume III contains the panel and Appellate Body reports on 'United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (WT/DS381), Recourse to Article 21.5 of the DSU by the United States', 'Second Recourse to Article 21.5 of the DSU by Mexico'.
