Journal of Dispute Resolution最新文献

The Reception of Collective Actions in Europe: Reconstructing the Mental Process of a Legal Transplantation 欧洲集体行动的接受:重构法律移植的心理过程

Journal of Dispute Resolution Pub Date : 2020-07-25 DOI: 10.2139/ssrn.3617920

C. Nagy

{"title":"The Reception of Collective Actions in Europe: Reconstructing the Mental Process of a Legal Transplantation","authors":"C. Nagy","doi":"10.2139/ssrn.3617920","DOIUrl":"https://doi.org/10.2139/ssrn.3617920","url":null,"abstract":"The European collective action is probably one of the most exciting legal transplantation comparative law has seen. Collective litigation, which U.S. law did not inherit from common law but invented with the 1966 revision of class actions, has been among the most successful export products of American legal scholarship. Today in the European Union, seventeen out of twenty–eight Member States have adopted a special regime for collective actions. At the same time, collective actions are intrinsically linked to various extraneous components of the legal system; hence, their transplantation calls for a comprehensive adaptation. The need to rethink class actions has not only generated a heated debate in Europe about whether and how to introduce collective actions, but resulted in Europe’s making collective actions in its own image, producing something truly European: a model of collective actions a l’europeenne. \u0000 \u0000This Article presents the process of developing the European collective action and its outcome. It represents the first attempt to give a trans-systemic account of European collective actions and to elucidate them in light of the peculiarities and idiosyncrasies of the mindset of European jurisprudence. Further, this Article gives an analytical presentation of the emerging European collective action model and demonstrates how it was shaped by Europe’s legal thinking and societal attitudes.","PeriodicalId":337447,"journal":{"name":"Journal of Dispute Resolution","volume":"198 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127055766","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

One Idea for Ameliorating Polarization: Reviving Conversations About an American Spirit 改善两极分化的一个想法:重振关于美国精神的对话

Journal of Dispute Resolution Pub Date : 2017-10-20 DOI: 10.2139/SSRN.3056388

N. Rogers

{"title":"One Idea for Ameliorating Polarization: Reviving Conversations About an American Spirit","authors":"N. Rogers","doi":"10.2139/SSRN.3056388","DOIUrl":"https://doi.org/10.2139/SSRN.3056388","url":null,"abstract":"Could Americans identify a current American spirit that would ameliorate the effects of the nation’s bitter divisions? A number of commentators answer “yes.” This article reviews dispute resolution theory and uses historical and comparative illustrations to provide a checklist for those optimists willing to give it a try. First, the article discusses the potential benefits of a deeply and broadly embraced American spirit. An American spirit could spark more frequent: collaborative approaches, consideration of other viewpoints, prioritization in advocacy, and resistance to divisive rhetoric. Second, the article draws on the work of other scholars to suggest considerations for identifying an American spirit that might achieve those benefits. An American spirit will be more likely to ameliorate polarization if it: points toward bridging current divisions, is especially – better yet, uniquely – American, seems natural and authentic, attracts support across the major divisions in this nation, and encourages optimism and a sense of belonging as an American. Third, the article outlines a process for coming up with potential elements of an American spirit and for trying them out on expanding circles of Americans. Fourth, it points out that identifying a current American spirit would not preclude parallel efforts to achieve change through advocacy for political candidates and changes in the law. While the success of an American spirit project remains uncertain, little would be lost in trying, and an American spirit project might help Americans work together to solve the nation’s problems.","PeriodicalId":337447,"journal":{"name":"Journal of Dispute Resolution","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127930066","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

The Definition of Negotiation: A Play in Three Acts 谈判的定义:三幕戏

Journal of Dispute Resolution Pub Date : 2017-08-07 DOI: 10.2139/SSRN.2902743

A. Schneider, N. Ebner, David E. Matz, J. Lande

引用次数: 3

'When I Grow Up I'll Be a Court': Understanding Investor-State Mass Claims Arbitration with the Help of Domestic Class Action Processes “当我长大后，我将是一个法院”:从国内集体诉讼程序的角度理解投资者与国家之间的集体索赔仲裁

Journal of Dispute Resolution Pub Date : 2016-08-01 DOI: 10.2139/SSRN.2733489

Relja Radović

{"title":"'When I Grow Up I'll Be a Court': Understanding Investor-State Mass Claims Arbitration with the Help of Domestic Class Action Processes","authors":"Relja Radović","doi":"10.2139/SSRN.2733489","DOIUrl":"https://doi.org/10.2139/SSRN.2733489","url":null,"abstract":"The 2011 decision on jurisdiction and admissibility in Abaclat and Others v Argentina started the discussion on mass claims processes in investment treaty arbitration. The tribunal concluded that although the proceedings were initiated as aggregate, the continuance of the case did contain a representative feature, which led the tribunal to conclude that the applicable procedure in such mass claims arbitration had to be adapted. Today, the legacy of the Abaclat arbitration and the availability of mass claims devices in investment treaty arbitration remain questionable. This paper aims at answering the question whether investment mass claims arbitration can be qualified as “class-like”, and if so whether it satisfies the fundamental principles of arbitration (particularly the principle of consent). In order to do so, the paper takes a comparative approach to investment mass claims arbitration, on the one hand, and class actions processes existing in the United States of America, on the other. The paper argues that mass claims arbitration, as constructed by the Abaclat tribunal, cannot satisfy the fundamentals of arbitration, which remain the same even when class arbitration is concerned. Hence, it would be wrong to regard mass claims arbitration as a currently available device to investors in investment treaty arbitration.","PeriodicalId":337447,"journal":{"name":"Journal of Dispute Resolution","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126705553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Judicial Settlement-Seeking in Parenting Cases: A Mock Trial 在育儿案件中寻求司法和解:模拟审判

Journal of Dispute Resolution Pub Date : 2011-09-21 DOI: 10.2139/SSRN.1898629

N. Semple

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引用次数: 1

What Do Clients Want from Their Lawyers 客户想从律师那里得到什么

Journal of Dispute Resolution Pub Date : 2009-10-13 DOI: 10.2139/SSRN.1505616

Clark D. Cunningham

引用次数: 8

Paying the Price of Process: Judicial Regulation of Consumer Arbitration Agreements 支付程序的代价:消费者仲裁协议的司法规制

Journal of Dispute Resolution Pub Date : 2001-03-21 DOI: 10.2139/SSRN.264122

S. Ware

引用次数: 19

Response to Carrie Menkel-Meadow's Correspondences and Contradictions in International and Domestic Conflict Resolution: Lessons from General Theory and Varied Contexts 对门克尔-梅多《国际国内冲突解决中的对应与矛盾:来自一般理论和不同语境的启示》的回应

Journal of Dispute Resolution Pub Date : 1900-01-01 DOI: 10.5040/9781501300981.ch-008

W. Warfield