Alternative Dispute Resolution

Author: Edward Brunet
Publisher:
ISBN: 9781632816016
Format: PDF, ePub, Mobi
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The fifth edition updates and reassesses the ''Big 3'' of dispute resolution, negotiation, and mediation. Arbitration chapters provide coverage of new major cases, including DIRECTTV and Concepcion. New note materials raise serious questions about these cases and challenge the notion that there exists a national policy favoring arbitration. The updated mediation and negotiation chapters continue to be clear and teachable, and the Teacher's Manual contains more than 20 negotiation and mediation exercises.

Principles of Alternative Dispute Resolution

Author: Stephen J. Ware
Publisher: West Academic
ISBN:
Format: PDF, ePub
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Provides a clear and reliable statement of the law and concepts central to ADR (arbitration, negotiation, mediation and other processes). Its thorough coverage of arbitration law renders this challenging and rapidly-changing body of statutes and caselaw accessible to the student. The chapters on negotiation and mediation treat the subjects from the perspectives of theory, practice and legal doctrine.

Evidence and the Advocate A Contextual Approach to Learning Evidence

Author: Christopher W. Behan
Publisher: LexisNexis
ISBN: 0327175044
Format: PDF, Docs
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Evidence and the Advocate teaches each rule of evidence using a three pronged approach: (1) a treatise-like explanation of the rule, its purposes, exceptions and foundations; (2) cases, discussion questions and hypothetical problems related to the rule; and (3) an application section in which the students must prepare a courtroom exercise putting the rule into action. This approach forms a teaching template for each rule of evidence. Each application exercise stands alone and has been designed to illuminate the rule being taught. The application exercises range from simple form-of-question drills to full-fledged evidentiary hearings. Some require minimal preparation, and others require significant out-of-class research and preparation. In the exercises, students serve as attorneys, witnesses, judges, and, in the more involved exercises, as a court of appeals. The exercises build on each other. The initial exercises focus on fundamental advocacy skills such as conducting a direct examination or laying the foundation for an exhibit. Later exercises incorporate these foundational skills for more complicated tasks such as writing a motion, impeaching a witness, or conducting a Daubert hearing on the reliability of expert testimony.

Voting Rights and Election Law

Author: Michael Dimino
Publisher: LexisNexis
ISBN: 1630431184
Format: PDF, ePub
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Voting Rights and Election Law is a law school text book covering the law surrounding the electoral system. Coverage begins with voting qualifications and barriers to exercise of the franchise. The book covers the authority of the courts to remedy violations of the right to vote. Other topics include the One-Person/One Vote Doctrine under the Federal Constitution and the effects of the Voting Rights Act. The book also covers the role of political parties and term limits for federal and state office. Campaign finance and political speech each receive treatment. The book concludes with a chapter on methods for remedying errors in elections. In Chapter 1 students examine questions surrounding the constitutional right to vote and legislatures' power to restrict the classes of persons entitled to the franchise. The remainder of the text proceeds chronologically through the electoral process, from districting, with its issues of one person, one vote and the role of race under the Constitution and the Voting Rights Act; to the place of political parties in the electoral and constitutional structure; to limitations on ballot access; to the First Amendment's protection of political speech, including an in-depth treatment of campaign finance; to rules governing the voting process itself; to vote-counting; to remedies for elections that have gone wrong. Compared to other casebooks in the field, Voting Rights and Election Law emphasizes the texts of leading court opinions rather than commentary and political-science research. The book focuses on the legal principles and language adopted by courts in deciding election cases, rather than competing political theories about elections and democracy. Students are, however, encouraged through notes and questions to examine and question the empirical assumptions and theoretical premises behind the opinions. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Dispute Resolution and Lawyers

Author: Leonard L. Riskin
Publisher: West Academic
ISBN: 9780314253071
Format: PDF
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This classic casebook approaches dispute resolution from the unique perspective of lawyers, including their various roles as counselors, advocates, and dispute resolution specialists, and as human beings involved in these processes. While retaining its familiar style, organization, accessibility and sense of humor, the new edition also updates this classroom-tested casebook with all major cases and practice, empirical, and theoretical developments, and gives special emphasis to problem-solving and understanding and managing conflict.

Appropriate Dispute Resolution

Author: William J. Barry
Publisher: Wolters Kluwer Law & Business
ISBN: 1454841257
Format: PDF, Kindle
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This is a comprehensive text designed to introduce paralegal students to the range of dispute resolution tools available to legal professionals. In a clear and accessible format, the text combines straightforward textual explanations with practical examples. Each chapter includes a wealth of end-of-chapter activities that reinforce the concepts discussed in the text, including practice test questions, review questions, application questions and practice exercises. Key Benefits: A book designed specifically for paralegal students —coverage is extensive and the methodology is appropriate for paralegal study. Examples and end-of-chapter exercises that provide the basis for classroom discussions, role plays and opportunities for students to practice paralegal skills. Up-to-date, relevant coverage of new, cutting-edge areas of ADR with a solid introduction to the basics. Discussion of the nature and dynamics of conflicts, followed by a comparison of litigation with other dispute resolution methods.

ADR Advocacy Strategies and Practice for Intellectual Property Cases

Author: Harrie Samaras
Publisher: Amer Bar Assn
ISBN: 9781614380221
Format: PDF, ePub, Docs
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Considering the number of intellectual property cases that settle and the financial and business risks thereby avoided, specialized knowledge and experience in ADR is a must. Intended as a practical resource for lawyers and executives to understand alternative processes to litigation and how they are employed, this state-of-the-art compendium offers wisdom from jurists, neutrals, clients, professors, trial and transactional attorneys, and in-house counsel. Authors consider all relevant perspectives in the ADR process: the attorney, the client, and the neutral.

Designing Systems and Processes for Managing Disputes

Author: Nancy H. Rogers
Publisher: Wolters Kluwer Law & Business
ISBN: 1454829095
Format: PDF
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Designing Systems and Processes for Managing Disputes is the first book of its kind that teaches students how to address situations where highly complex disputes--or series of disputes--are not well-served by existing systems. With clear focus on skill development, and challenging problems and exercises, the text provides numerous examples of complex disputes across a variety of venues. With a detailed Appendix to assist students with no prior dispute resolution experience, this casebook is appropriate for law school courses, as well as those taught in business or public policy schools. Flagship features of Designing Systems for the Effective Management of Conflict: Authors Rogers, Bordone, Sander, and McEwen are all renowned scholars in this area. Focus is on skill development for dispute systems designers. Challenging problems and exercises help students apply their learning. Numerous examples of complex disputes include: eBay, the child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts. Multi-disciplinary approach makes this course book appropriate for law, business or public policy school courses. Comprehensive Appendix assists students with no background in dispute resolution. Profiles of designers provide models for a career in professional dispute systems design work.