Risultati della ricerca - (american OR africa) (evolution OR resolution)

Judicial and legal systems in Africa di Allot A.N

Principles of alternative dispute resolution / di Ware, Stephen J.

Sommario: “...Preface Note to teachers Acknowledgments Chapter 1: Introduction 1-1: Overview 1-2: Disputes 1-3: Resolution of disputes 1-4: Processes of dispute resolution 1-5: Definitions of litigation and ADR a: ADR as alternatives to litigation b: Litigation as the default process 1-6: Introductions to major ADR processes a: Negotiation b: Mediation and other processes in aid of negotiation c: Arbitration 1-7: Basic division within ADR: arbitration vs everything else a: All ADR processes can produce binding results 1: Negotiation 2: Mediation and other processes in aid of negotiation 3: Arbitration b: Arbitration is the only ADR process that can produce binding results without a post-dispute contract c: Arbitration or litigation casts the shadow in which negotiation and processes in aid of it occur d: Implications for categorizing and comparing processes 1-8: Broader perspectives on ADR a: ADR diversity b: Cool and warm themes; the cost and quality of dispute resolution c: Lawyers and ADR Chapter 2: Arbitration And Similar Processes A: Overview 2-1: Arbitration defined 2-2: Contractual arbitration and non-contractual arbitration; constitutional right to jury trial 2-3: Arbitration law summarized a: Post-dispute and pre-dispute agreements to arbitrate b: Enforcement of arbitration agreements c: Arbitration process d: Enforcement of arbitrator's decision or "award" B: Sources of contemporary American arbitration law 2-4: Federal law a: Pro-contract b: Court orders to arbitrate; specific performance of arbitration agreements c: Broad applicability 2-5: State law a: Arbitration law b: Non-arbitration law C: FAA preemption of state law 1: Evolution of case law on FAA preemption 2-6: Federal arbitration law as (non-preemptive) procedural law 2-7: Federal arbitration law as (preemptive) substantive law 2-8: FAA creates no federal jurisdiction 2: Preemption of state law impeding contract enforcement 2-9: Generally 2-10: State law prohibiting courts from enforcing arbitration agreements 2-11: State law prohibiting courts from enforcing arbitration agreements with the remedy of specific performance 2-12: State law making arbitration agreements unenforceable with respect to certain claims 2-13: State law making arbitration agreements in certain types of transactions unenforceable 2-14: State law raising the standard of assent for contract formation 3: Choice-of-law clauses 2-15: Introduction 2-16: Volt case 2-17: Mastrobuono case 4: Insurance arbitration 2-18: McCarran-Ferguson and the FAA D: Formation of enforceable arbitration agreements 1: Separability 2-19: Prima paint case 2-20: Buckeye case 2-21: Applications of separability 2: Formation 2-22: Mutual manifestations of assent a: Contract law's objective approach b: Recurring fact patterns 2-23: Consideration 3: Contract law defenses to enforcement 2-24: Defenses subject to separability doctrine 2-25: Unconscionability a: Generally b: FAA's constraint on the scope of the unconscionability doctrine c: Arbitration organizations' policing against unconscionability d: Public policy and child custody 2-26: Waiver of the right to arbitrate 4: Non-contract law defenses to enforcement: federal statutory claims and public policy 2-27: Toward universal arbitrability 2-28: Current in arbitrability a: Simple in arbitrability 1: Labor arbitration 2: Automobile dealers and military personnel b: Arbitrability with strings attached: the effectively vindicate doctrine E: Interpretation of arbitration agreements 1: Contractual arbitrability 2-29: Introduction 2-30: Generally decided by courts 2-31: Contractual and non-contractual approaches 2: Multi-party disputes 2-32: Claims by or against those not party to the arbitration agreement a: Party plaintiff vs non-party defendant b: Non-party plaintiff vs party defendant 2-33: Consolidation of, and stays pending, related proceedings 2-34: Class actions 3: Arbitration procedure 2-35: Overview 2-36: Pre-hearing a: Selection of arbitrator(s) 1: Methods of selection 2: Arbitrator fees 3: Judicial and regulatory constraints on party selection of arbitrator(s) b: Pleadings c: Filing fees (and un-administered arbitration) d: Discovery 2-37: Hearing a: General comparison with trial b: Role of lawyers c: Rules of evidence d: No hearing; dispositive motions e: Written awards; reasoned opinions 2-38: Remedies a: Determined by contract, within limitations 1: Generally determined by contract; the Mastrobuono case 2: Limitations on contract; the book case b: Typical contract terms c: Consequences of limiting remedies in arbitration 4: Governing substantive law, if any 2-39: Substantive law applied in arbitration F: Effect of arbitration award 1: Enforcement of arbitration award 2-40: Confirmation 2-41: Claim preclusion (res judicata) a: Generally applicable b: Labor exception 2-42: Issue preclusion (collateral estoppel) 2: Vacatur of arbitration award 2-43: Introduction a: Vacatur is rare b: Statutory and non-statutory grounds 2-44: Statutory grounds a: Corruption, fraud or undue means b: Evident partiality or corruption c: Fundamentally fair hearing d: Exceeded powers 2-45: Non-statutory grounds a: Error of law, including manifest disregard 1: Narrow ground for Vacatur 2: Recent expansion b: Public policy c: Grounds created by contract 2-46: Federal preemption of state law a: State grounds for Vacatur broader than federal b: State grounds for Vacatur narrower than federal G: International arbitration 2-47: Introduction: public law arbitration and commercial arbitration 2-48: New York convention a: Basic provisions b: Effect of United States ratification c: Significance 2-49: Practice of international commercial arbitration H: Employment arbitration and labor arbitration 2-50: Conventional distinction between "employment" and "labor" 2-51: FAA's exclusion of certain "contracts of employment" 2-52: Employment arbitration 2-53: Labor arbitration a: LMRA rather than FAA b: Practice of labor arbitration 1: Two peculiarities 2: Labor law and CBAs c: Few arbitrable claims 1: Law 2: Union, not employee, controls arbitration 3: Narrowly drafted arbitration clauses d: Interest arbitration I: Processes similar to arbitration 2-54: Private judging ("rent-a-judge") 2-55: Non-contractual, yet binding, arbitration a: Introduction b: Examples 1: Federal programs 2: Government employees-federal 3: Government employees-state and local 4: Railway Labor Act 5: State "lemon" laws 6: State auto insurance laws 7: Attorney fee disputes. 3: Negotiation A: Negotiation contexts 3-1: Dispute negotiation and transactional negotiation 3-2: Dispute negotiation and lawyers; settlement negotiation defined 3-3: Settlement negotiation and the shadow of the law 3-4: Bilateral monopoly of settlement negotiation B: Settlement/litigation choice 3-5: Valuing a case a: Introduction to case valuation b: Factors lawyers and clients should consider in valuing a case c: Timing of the settlement/litigation choice d: Risk aversion and diversification 1: Risk aversion 2: Diversification e: Expected value, BATNA and the bottom line f: Psychological barriers to valuing a case accurately 1: Availability bias 2: Anchoring bias 3: Egocentric biases 4: Overconfidence bias g: Valuation of criminal cases 3-6: Disagreements between lawyer and client about the settlement/litigation choice a: Generally b: Legal fees 1: Hourly billing 2: Contingency fees 3: Retainers and other fixed-fees (especially in criminal practice) 4: Legal fees paid through liability insurance c: Professional responsibility C: Negotiation theory 3-7: Zero-sum and positive-sum 3-8: Zero-sum (distributive) negotiation 3-9: Positive-sum (integrative) negotiation a: Example on the time value of money b: Importance of multiple issues 3-10: Positive-sum (integrative) negotiation is not always worthwhile, or even possible 3-11: Bottom lines and settlement zones a: Case valuations determine bottom lines which determine settlement zones b: Predictions about the results of litigation 1: Predictions that usually (but not always) result in a settlement zone 2: Predictions less likely to result in a settlement zone: cases of over-optimism c: Conclusion 3-12: Settlement zone does not ensure settlement (barriers to settlement) a: Ignorance of settlement zone's existence or boundaries b: Dividing the value created by settlement 3-13: Bottom lines and settlement zones in positive-sum (integrative) negotiation D: Approaches to negotiation 3-14: Terminology 1: Adversarial/competitive approach 3-15: Opening offers 3-16: Few and small concessions 3-17: False concessions 3-18: Concession tricks and escalation tactics 3-19: Deception and information 3-20: Misinformation about bottom lines and the strength of your case a: Generally b: Lying about one's bottom line c: Projecting confidence in one's case and lack of interest in settling d: Effect of misinformation about bottom lines 3-21: Psychological warfare a: Anger, threats, ridicule, accusation and intimidation b: Negotiate on your own turf c: Outnumber your counterparts d: Negotiate when you have time and your counterpart does not e: Lack of authority f: Locked into position g: Feign irrationality h: Wolf in sheep's clothing 3-22: Drawbacks of the adversarial/competitive approach 2: Cooperative approach and the prisoner's dilemma 3-23: Cooperative approach 3-24: Prisoner's dilemma and the importance of reputation a: Prisoner's dilemma b: Importance of reputation and the incentive to cooperate 3-25: Tactics for a cooperative lawyer with an adversarial/competitive counterpart 3: Problem-solving approach 3-26: Overview of problem-solving a: Positive-sum b: Coinciding interests (with a tax law example) c: Logrolling multiple issues d: Tactics listed 3-27: Interests, not positions 3-28: Communicating your side's interests 3-29: Variety of solutions 3-30: Drawbacks of the problem-solving approach 4: Gender, culture, race and ethnicity 3-31: Gender 3-32: Culture, race and ethnicity E: Preparing for negotiation 3-33: Introduction 3-34: Identifying your client's interests, bottom line and specific goals 3-35: Identifying other party's interests, bottom line and specific goals 3-36: Adjusting during negotiation a: Adjusting approaches during negotiation b: Adjusting your bottom line during negotiation 3-37: Specific preparations F: Law governing settlement 3-38: Criminal and tort law; "good faith" in negotiation 3-39: Sales law a: Legal effects of releases and settlement agreements 1: Releases 2: Settlement agreements b: Grounds for non-enforcement 1: Duress and unconscionability 2: Misrepresentation and mistake 3: Requirement of a writing 4: Public policy c: Entering judgment on settlement (consent decree) d: Plea agreements 3-40: Agency law 3-41: Multiple parties: indemnity, contribution and Mary Carter agreements 3-42: Confidentiality a: Generally b: Confidentiality agreements prior to or during litigation c: Rules of evidence and discovery d: Confidentiality clauses in settlement agreements G: Settlement/litigation choice: broader perspectives 3-43: Normative views on the prevalence of settlement 3-44: Resources 3-45: Dispute resolution vs public justice. 4: Mediation And Other Processes In Aid Of Negotiation A: Overview 4-1: Mediation's popularity 4-2: Mediation defined 4-3: Dispute mediation and transactional mediation 4-4: Mandatory mediation and voluntary mediation B: Goals of dispute mediation 4-5: Generally 4-6: Settle cases 4-7: Positive-sum or problem-solving 4-8: Moral growth C: Mediation process 4-9: Goals shape process 4-10: Mediation process generally a: Participants b: Starting to mediate c: Joint sessions, private caucuses and shuttle diplomacy d: Facilitating communication 1: Direct communication 2: Indirect communication e: Settlement offers f: Agreements 4-11: Identifying settlement zones and overcoming barriers to settlement 4-12: Positive-sum a: In general b: Coinciding interests c: Logrolling multiple issues d: Trusted intermediary combining information 4-13: Evaluation by the mediator a: Appeal of evaluation b: Concerns about evaluation 1: Interests vs rights 2: Is "evaluative mediation" an oxymoron? ...”

Mediation : a path back for the lost lawyer / di Van Winkle, John R.

Mediation practice guide : a handbook for resolving business disputes / di Picker, Bennett G.

Creative problem solver's handbook for negotiators and mediators : a pracademic approach / di Cooley, John W.

Technology in America : a history of individuals and ideas /

Sommario: “...Stapleton Eli Whitney and the American system of manufacturing / Merritt Roe Smith Thomas P. ...”

Think before you speak : the complete guide to strategic negotiation

Comparative and international education : issues for teachers

The President, office and powers, 1787-1957 : history and analysis of practice and opinion di Corwin Edward S.

Sommario: “..."Office" and appointment thereto The president as supervisor of law enforcement, the cabinet The removal power: the Myers and Humphrey cases The administrative setup and the problem of reorganization A new problem in American government: disloyalty in the bureaus Executive immunity versus legislative prerogative IV. ...”

Peace agreements and human rights / di Bell, Christine

Testo
Testo

Constitutional government and democracy : theory and practice in Europe and America di Friedrich, Carl J.

Sommario: “...Propaganda and the control of communications : Propaganda ; Opinion polls and propaganda analysis ; The beginnings of the press as an instrument of opposition, particularly in England down to the end of the eighteenth century ; Toward and "independent" press: England ; France: the press as an agent of revolution ; The problems of the American law of libel: no restraint ; The political effects of a commercialized press ; The forces behind the mass press ; A comparative survey of the nature of the modern press in certain leading countries ; The English press ; The American press ; The news agencies ; Broadcasting: new medium of political influence ; The American systems of broadcasting ; Federal regulation ; Educational broadcasting ; Political television and the great debates ; Press and propaganda in wartime ; Governmental control and censorship 3. ...”

Newspapers collection management : printed and digital challenges : proceedings of the International Newspaper Conference, Santiago de Chile, April 3-5, 2007 /

Sommario: “...Preservation and digitization of Latin American newspapers in the United States Hemeroteca Digital in the National Library of Spain Hemeroteca Digital en la Biblioteca Nacional de Espana Papers held at the IFLA conference "Libraries for the future: Progress, Development and Partnerships", 19-23 August 2007, Durban, South Africa Alternative solutions for storing, archiving and preserving newspaper collections: the National Library of South Africa's recent experience Soluciones alternativas para almacenamiento, archivo y preservacion de las colecciones de periodicos: la reciente experiencia de la Biblioteca Nacional de Sudafrica Initiatives in Kenya for digitizing, indexing and preserving newspapers Iniciativas de digitalizacion, indizacion y preservacion de periodicos en Kenia Strategies for increased access to older newspapers: the experience of Makerere University / Africana / Special Collection Section Estrategias para aumentar el acceso a periodicos antiguos: la experiencia de la Universidad Makerere / Seccion de Coleccion Especial / Africana Ipsissima Verba: The future of newspaper preservation in an age of epidemic urlitis Ipsissima Verba: el futuro de la preservacion de los periodicos en una epoca de urlitis epidemica...”

Fixing Health Systems

The ABA guide to international business negotiations : a comparison of cross-cultural issues and successful approaches

The common law of intellectual property : essays in honour of Professor David Vaver /

Accounting : a book of readings /

Sommario: “...The impact of federal income tax law and regulations on accounting principles 32. American Accounting Association 33. American Institute of Certified Public Accountants 34. ...”