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trend toward in-court settlement highlights the urgency of embodying a new philosophy of distributive justice in civil procedure at a global level. To this effect, rather than securing only substantive ... and the embodiment of a new procedural philosophy in judicial systems. Moreover, it will sketch the benefits of conciliation for parties and society compared to the adjudication method. Part IV aims to
JOURNAL OF DISPUTE RESOLUTION [Vol. 2024 In September 2022, the United Nations Department of Political and Peacebuilding Affairs released a practice note detailing the implications of climate change for ... -education-new/george-mitchell-building-peace-northern-ireland (last visited Oct. 15, 2023). 14. United Nations Department of Political and Peacebuilding Affairs, supra note 8. 15. Defining “success” in
functional and not a political plan, without relations to past negotiations and past claims, and independently of political issues.49 The Bank also outlined the process to achieve resolution. The World Bank ... to represent India before independence, were handed over to the new government.”75 India also saw continuity in political leadership, leaders which were an important part of politics pre-1947 saw
MEDIATION at 59-63 , 250 - 56 (JosseyBass rev. ed. 2005 ) (relating the value of empowerment in mediation to research and theory in many fields, including political philosophy, developmental psychology and ... accusatory statement from Dad. and appreciate, id. The authors believe the most value is in a checklist for self-determination that will empower mediators of any philosophy to support party agency, id. 19
as the ASEAN Summit,9 the ASEAN Coordinating Council,10 the ASEAN Community Councils,11 the Secretary-General of ASEAN and the ASEAN Secretariat.12 In light of all the political and structural ... on the border between Cambodia and Thailand. It is a temple of much cultural, as well as political, significance. Cambodia and Thailand have argued for many years over the territorial sovereignty of
contributions from seven well-known conflict resolution scholars on the topic of political polarization and dispute resolution principles.
We argue that dispute resolution processes should not be seen as a substitute for the political process, but rather a complement that can help strengthen it. Based on this view, and on the authors ... ideological and political parties are less open to compromise and bipartisanship. This has led to government shutdowns and legislative stalemate in Washington, and increasing difficulty for people to have
end, it compares the political and legal conditions under which the two conventions were conceived, showing how the differences in these conditions have led to lower international acceptance of the ... factors can induce states to sign-and-ratify HCCCA: (1) a suitable political climate; and (2) pressure from domestic interest groups, mainly the judiciary and the legal profession. The effect of these
Skyrocketing rates of incarceration over the last three decades have had profound and lasting effects on the political power and engagement of local communities throughout the United States ... contact , USA Follow this and additional works at: https://repository.law.umich.edu/mjlr - ONE SIGNIFICANT STEP: HOW REFORMS TO PRISON DISTRICTS BEGIN TO ADDRESS POLITICAL INEQUALITY INTRODUCTION
Recent United States Supreme Court decisions have undermined the viability of campaign public financing systems, a vital tool for fighting political corruption. First, Citizens United v. FEC allowed ... telecommunications law to support the constitutionality of this system. These laws recognize the First Amendment rights of the electorate, the problem of political advertising market saturation, and the values of an
During the 1990s, the emergence of riverboat gambling operations has led to an avalanche of social and political debates. ... adopted the provision., Nevertheless, other decisions have been less confident of such a plain meaning philosophy. In Boone County Court v. Missouri,73 the court stated that "[r]ules applicable to
you insurance? The new, handsome minister? The political candidate on TV? You have to decide - often in seconds - based on very little information. Here’s the good news: You can trust 80 to 90 percent
Political polarization in the United States and internationally has increased enormously in the past decade, resulting in legislative impasse in some countries, political instability and partisan re ... Scholarship Repository , USA Follow this and additional works at: https://scholarship.law.missouri.edu/jdr Part of the Dispute Resolution and Arbitration Commons Recommended Citation - Article 8 Political
they also depicted the new artist as someone capable of withstanding or even mastering these shocks and transforming them into instruments of political action. Appearing as they did in the newspaper
Political speech is vital to a functioning democracy and is highly protected. That much is hardly disputed. What courts, legal scholars, and those seeking to convey a political message do dispute is ... political speech doctrine and critiques two intent-based approaches that have been proposed by First Amendment scholars to define political speech. This Note proposes a solution to many problems inherent in
. (Common mitigating factors include: age, sex, race, marital status, social class, political or family connections, demeanor, history of employment, drug use, alcohol use, psychiatric problems, physical ... determine how an attorney will prepare. The criminal defense attorney should base their approach to negotiations on what they know about the prosecutor’s personality, philosophy, trial ability and negotiating
institutional capital. The field has been inherently interdisciplinary from the outset, combining elements from fields including, but not limited to, economics, political science, law, psychology, anthropology ... anthropology, sociology, and political science. History, literature, philosophy, theology, and other humanities similarly offer potentially useful contributions.” Id. 3. This panel is the brainchild of the
This Comment will analyze the CFPB’s proposed rule prohibiting companies from including a ban on class actions within their arbitration provisions. The CFPB’s proposed rule5 has created a political ... JOURNAL OF DISPUTE RESOLUTION [Vol. 2018 CFPB?s proposed rule5 has created a political firestorm, resulting in strong opposition to the ban on class action waivers amongst both House and Senate legislators
when needed. However, it seems increasingly likely that such workers will coalesce to improve their conditions, either through political action, application of economic pressure, and work towards a ... independent contractor and employee status for both employers and workers are undoubtedly, the fundamental motive to repeatedly change the definition of “independent contractor “based on the political and
shortcomings (lack of due process guarantees and adequate punishment), as well as the socio-political context in which Gacaca courts operate. Part VI proposes ways to strike a balance between these two ... era crimes-that expressly endorses a restorative justice philosophy in its mandate. 58 The fruit of political compromise and broad-based consultations, the TRC was seen as representing a bridge between
