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Resolutions and selected speeches from the sixth pan African congress /

Resolution and selected speeches from the sixth pan African congress

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

Table of Contents: “…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? …”

Comparative development strategies in East Africa by Seidman, Ann Willcox

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

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

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

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

Table of Contents: “…Adams From Jackson's revolution to Lincoln's "dictatorship" The presidency occulted, Congress dominant II. …”

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

Table of Contents: “…The constituent power, the amending power, and revolution : Cromwell and the Puritan revolution. Napoleonic plebiscites ; Constituent and amending powers ; Constitutional change without amendment ; Flexible versus rigid constitution ; The American Federal amending process ; Conditions for formal amendment ; Holland, England, and France ; Limitations on the amending power ; Nonfundamental constitutional provisions ; Limited and unlimited revolutions ; Unlimited revolution and amending process ; Negative revolutions 3. …”

Libraries in the information society /

Table of Contents: “…Newman The roles of knowledge professionals for knowledge management / Seonghee Kim Global information infrastructure and the question of african content / Justin Chisenga South Asia in the global eletronic village: issues and implications / Jactar Singh Migrating from the library of today to the library of tomorrow: re- or e-volution? …”

The multinationals and East-West relations : towards transideological collaboration by J. Wilczynski

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

Think before you speak : the complete guide to strategic negotiation

Public relations : principles and practices / by Sachdeva, Iqbal S.

Table of Contents: “…389 (3) Case Study: Godrej---the New Identity Programme 392 (2) Event Management 394 (23) Events---a Powerful Communication 394 (1) Objectives of Special Events 395 (4) Event Management Industry---a Historical Perspective 399 (3) Events---Classifications 402 (1) Events---Types 402 (5) Organizing an Event 407 (10) PR and Crisis Management 417 (19) Defining a Crisis Situation 417 (1) Kinds of Crisis 418 (6) PR and Crisis Management---the Plan 424 (5) The Ten Commandments 429 (2) Case Study: Sir Ganga Ram Hospital---Disaster Management Plan 431 (5) Government Public Relations 436 (21) Government Public Relations 436 (4) Elections and Public Relations 440 (1) Objectives of Government PR 441 (4) Government PR Agencies 445 (3) Government PR Problems 448 (2) PR---Public and Private Sectors 450 (2) Case Study: Public Relations in Action--Focus: 2004 Elections 452 (5) PR and Lobbying 457 (28) Lobbying and Lobbyists 457 (1) The American Scene 458 (2) The Lobbying Majors of America 460 (4) The Indian Scene 464 (4) The Pressure Groups of India 468 (2) Lobbying---India's Historial Perspective 470 (1) Some Major Lobbies of India 471 (4) PR Role in Lobbying 475 (7) Case Study: Lobbying---a Pervasive, Flourishing Racket in Washington 482 (3) Corporate Advertising 485 (22) Advertising and Public Relations 485 (2) Advertising Credibility 487 (1) A Critical View 488 (2) Objectives of Corporate Advertising 490 (8) Media for Corporate Advertising 498 (2) Types of Corporate Advertising 500 (7) Anatomy of a House Journal 507 (18) A House Journal Defined 507 (2) A Historical Perspective 509 (1) Objectives of a House Journal 509 (1) Types of House Journals 510 (4) Launching a House Journal 514 (7) The Legal Side of Publishing 521 (4) Ethics and Public Relations 525 (16) Public Relations and Ethics 525 (1) Some Legal Aspects 526 (4) Ethical Codes 530 (1) IPR Code for Public Relations 531 (4) IPRA Code of Ethics 535 (1) ASCI Code 535 (6) PART V: SUPPORT SERVICE Public Relations Agency 541 (22) Public Relations Agency Defined 541 (2) Functions of a PR Agency 543 (1) A Historical Perspective 544 (2) Selection of a PR Agency 546 (4) The Agency Structure 550 (1) Agency Evaluation or Audit 550 (6) Case Study: Concept PR---an Agency Profile 556 (7) Index 563…”

Proactive purchasing in the supply chain : the key to world-class procurement / by Burt, David N.

Table of Contents: “…Multiple Sourcing Share of Supplier's Capacity Local, National, and International Sourcing Manufacturer or Distributor "Green" Supply Management Minority- and Women-Owned Business Enterprises Ethical Considerations Reciprocity Consortium Purchasing and Group Buying Disaster Plans Summary Appendix Illustrative Plant Survey Financial Statement Analysis Planning a Facility Visit Endnotes Suggested Reading Chapter 14 Global Supply Management Global Management Perspective Future of Global Supply Management Stages to Global Supply Management Reasons for Global Sourcing Potential Problems Questions Before Going Global Supply Channels Global Trade Intermediaries International Procurement Offices Direct Suppliers Eliminating Intermediaries Identifying Direct Suppliers Qualifying Direct Suppliers Preparing for Direct Relations The Initial Meeting Currency and Payment Issues Exchange Rates Payments Letters of Credit Countertrade Countertrade's Advantages Countertrade's Disadvantages Supply Management's Role Creative Countertrade Political and Economic Alliances European Union North American Free Trade Agreement MERCOSUR Association of Southeast Asian Nations Asia-Pacific Economic Cooperation Summary Appendix Currency Risk Hedging Endnotes Suggested Reading Chapter 15 Total Cost of Ownership Three Components of Total Cost Acquisition Costs Ownership Costs Post-Ownership Costs TCO, Net Present Value (NPV) Analysis, and Estimated Costs The Importance of Total Cost of Ownership in Supply Management Service Providers Retail Manufacturing Supply Chains/Supply Networks Summary Appendix: Supply Management in Action Endnotes Suggested Reading Chapter 16 Price and Cost Analysis Introduction General Economic Considerations Conditions of Competition Variable-Margin Pricing Product Differentiation Six Categories of Cost Regulation by Competition Price Analysis Competitive Price Proposals Regulated, Catalog, and Market Prices Internet/e-Commerce II Historical Prices Supply and Demand Factors Independent Cost Estimates Cost Analysis Cost Analysis Defined Capabilities of Management Efficiency of Labor Amount and Quality of Subcontracting Plant Capacity Sources of Cost Data Potential Suppliers Supply Partners Cost Models Direct Costs Direct Labor Direct Materials Tooling Costs Learning Curves Cumulative Curve and the Unit Curve Target Cost Estimation Indirect Costs Engineering Overhead Material Overhead Manufacturing Overhead General and Administrative Selling Recovering Indirect Costs Activity-Based Costing Target Costing Profit Resisting Arbitrary Price Increases Summary Appendix A: Application of Learning Curves Appendix B: Discounts Endnotes Suggested Reading Chapter 17 Methods of Compensation Introduction to Compensation Arrangements Observation Contract Cost Risk Appraisal Technical Risk Contract Schedule Risk General Types of Contract Compensation Arrangements Fixed Price Contracts Incentive Contracts Cost-Reimbursement Contracts Specific Types of Compensation Arrangements Firm Fixed Price Contracts Fixed Price with Economic Price Adjustment Contracts Fixed Price Redetermination Contracts Incentive Arrangements Fixed Price Incentive Fee Cost Plus Incentive Fee Arrangements Cost Plus Fixed Fee Arrangements Cost Plus Award Fee (CPAF) Cost without Fee Cost Sharing Time and Materials Letter Contracts and Letters of Intent Considerations When Selecting the Method of Compensation Summary Endnotes Suggested Reading Chapter 18 Negotiations Introduction Objectives of Negotiation Quality Fair and Reasonable Price On-Time Performance Control Cooperation Supplier Relationship Management When to Negotiate Supply Management's Role in Negotiation The Supply Management Professional Acting Alone The Supply Management Professional as the Negotiating Team Leader The Negotiation Process Preparation Establishing Objectives Identify the Desired Type of Relationship Five Powerful Preparation Activities The BATNA The Agenda "Murder Boards" and Mock Negotiations Crib Sheets Draft Agreements Face-to-Face Discussions Fact Finding Recess Narrowing the Differences Hard Bargaining Techniques Universally Applicable Techniques Transactional Techniques Collaborative and Alliance Negotiating Techniques The Debriefing: An Incredible Learning Opportunity Documentation Online Negotiation Advantages to Online Negotiation An Example of a Successful Application of Negotiating Online Drawbacks to Online Negotiation Negotiating for Price Price Analysis Negotiation Cost Analysis Negotiation Characteristics of a Successful Negotiator Summary Endnotes Suggested Reading Chapter 19 Contract Formation and Legal Issues Litigation Prevention Dispute Resolution Negotiation Mediation Litigation Arbitration Courts Development of Commercial Law Electronic Contract Considerations: Cyber Law Attempts to Revise the UCC Basic Legal Considerations Status of an Agent The Purchase Contract Letters of Intent Special Legal Considerations Inspection Rights Rights of Rejection Title and Risk of Loss Warranties Evergreen Contracts Order Cancellation and Breach of Contract JIT Contracts Honest Mistakes Patent Infringement Restraint of Trade Laws International Considerations Contracts for the International Sale of Goods Foreign Corrupt Practices Act Summary Endnotes Suggested Reading Chapter 20 Contract and Relationship Management Need for Better Contract Management Preaward Conference: The Stage Has Been Set Monitoring and Controlling Project Progress Operations Progress Reports Gantt Charts CPM and PERT Closed-Loop MRP Systems Monitoring and Controlling Total Supplier Performance Supplier Performance Evaluation Motivation Punishment Rewards Assistance Transformational Training Quality Audits and Supply System Reviews Problem Solving Collaboration Managing the Relationship Summary Appendix A: Supplier Reporting Requirements for Unique Major Projects Appendix B: How Critical Path Scheduling Works Appendix C: Supplier Questionnaire Endnotes Suggested Reading Chapter 21 Ethics and Social Responsibility Ethics in the Supply Management Context Professional Supply Management Ethics Principles and Standards of Ethical Supply Management Conduct National and International Supply Management Conduct Important Areas Requiring Amplification Avoid Sharp Practices Competitive Bidding Negotiation Samples Treating Salespeople with Respect Substandard Materials and Services Gifts and Gratuities Management Responsibilities Written Standards Ethics Training and Education Departmental Environment Miscellaneous Factors Dealing with Gray Areas The Four Way Test Social Responsibilities Summary Endnotes Suggested Reading Chapter 22 Implementing World-Class Purchasing in the Supply Chain Designing an Effective Purchasing/Supply Management Department The Purchasing Planning Function Defining Planning Four Phases of Planning The Organizing Function The Five Basic Steps to Organizing Basic Concepts of Organizing Organizing for Supply Chain Management The Staffing Function The Directing Function Leadership Leadership and the Purchasing Profession The Controlling Function Evaluating the Purchasing/Supply Management Department The Annual Report Risk Management New Focus on Risk Management Appendix A: The Institute for Supply Management Awards for Excellence in Supply Management Appendix B: From Reactive to Proactive Procurement: A Case Study Appendix C: Raytheon Supply Base Optimization, April Appendix D: At Rolls-Royce North America, an Organizational Shift Is the Driving Force Behind an Innovative New Journey to Engage Its Supply Chain Endnotes Suggested Reading Epilogue The Future of Supply Management Index…”