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Disputes
Kinds of Disputes Terms modified by Disputes Selected AbstractsTHE AICPA IN CRISIS AND HOW IT IMPACTS THE BUSINESS LAW DISPUTEJOURNAL OF LEGAL STUDIES EDUCATION, Issue 2 2002Sally Gunz The American Institute of Certified Public Accountants (AICPA) continues to strengthen the profession's reputation for integrity, objectivity and independence; reinforce core services such as tax, accounting, audit and attestation; and carve out new market space for virtually unlimited business opportunities for CPAs. [source] THE SUBSTANCE AND SIGNIFICANCE OF THE DISPUTE OVER TWO-DIMENSIONALISMANALYTIC PHILOSOPHY, Issue 1 2007Scott Soames First page of article [source] STRATEGIC DECISIONS ON LAWYERS' COMPENSATION IN CIVIL DISPUTESECONOMIC INQUIRY, Issue 4 2007KYUNG HWAN BAIK We study a model of civil dispute with delegation in which a plaintiff's lawyer works on a contingent-fee basis but a defendant's lawyer on an hourly fee basis. We first derive the condition under which delegation to the lawyers brings both litigants more payoffs compared with the case of no delegation. We then show that under this profitable delegation condition, the contingent-fee fraction for the plaintiff's lawyer is about one-third. Next, allowing the plaintiff to choose between the two fees, we show that under the profitable delegation condition, the plaintiff chooses the contingent fee, given that the defendant adopts the hourly fee. (JEL K41, K13, D74, D72) [source] ALTERNATIVE DISPUTE RESOLUTION FOR HAGUE CONVENTION CHILD CUSTODY DISPUTES*FAMILY COURT REVIEW, Issue 2 2007Radoslaw Pawlowski This note explains that an Alternative Dispute Resolution (ADR) protocol should be adopted as part of the Hague Convention on the Civil Aspects of International Child Abduction to facilitate the amicable resolution of cross-border child custody cases. It suggests that national ADR models should be used as a guide to improve this treaty. First, this note brings to light the negative effect of cross-border litigation on children as well as the complexities and the deficiencies of this international treaty. Second, it examines mediation and arbitration systems employed in the United States, Europe, and Australia and how these can be transposed on the international scale. Third, it proposes how the ADR protocol should be drafted and implemented. A sound ADR mechanism would alleviate the unfortunate conditions of children trapped in long and destructive international child custody battles. [source] Where is the trust? using trust-based mediation for first nations dispute resolutionCONFLICT RESOLUTION QUARTERLY, Issue 1 2001Michael D. Blackstock Mediators dealing with disputes between governments and indigenous peoples realize the need to emphasize trust-building processes to address long-held and deep-seated concerns between parties. This article presents a trust-based model of mediation and explains its utility in the First Nations Dispute in Canada. [source] European Trade Diplomacy and the Politics of Global Development: Reflections on the EU,China ,Bra Wars' DisputeGOVERNMENT AND OPPOSITION, Issue 2 2007Tony Heron The article analyses the so-called ,bra wars' trade dispute that took place between the EU and China in 2005. This dispute raised a number of important questions linked, not only to the textiles and clothing (T&C) trade regime, but to the broader conduct of the EU in relation to the developing world. Over the years, the EU has attempted to construct a discourse towards developing countries that has sought to articulate a distinctively ,European' approach to issues like preferential trade, equitable growth, poverty reduction and so on. This article thus centres on the broader analytical question raised by ,bra wars': namely, the mounting incongruity between the theory and practice of the development policies of the EU. [source] Hailing with an Invisible Hand: A ,Cosy' Political Dispute amid the Rise of Neoliberal Politics in Modern IrelandGOVERNMENT AND OPPOSITION, Issue 4 2002George Taylor First page of article [source] Corporations, Cathedrals and the Crown: Local Dispute and Royal Interest in Early Stuart EnglandHISTORY, Issue 280 2000Catherine F. Patterson This article investigates the jurisdictional disputes between ecclesiastical officials and civic corporations in cathedral cities in the first half of the seventeenth century and the response of central government to them. While conflict between civic and cathedral government is ancient in origin, the crown's reaction to it changed substantially over time. In the first years of the century, the crown took little interest in such disputes, allowing the parties to settle jurisdictional differences on their own, often to the advantage of civic leaders. As royal priorities shifted, however, the crown took more active steps to regulate relations between corporate government and cathedral clergy. Civic officials saw their privileges curtailed and authority questioned as the policies of the ,personal rule' altered established patterns. By tracking the course of this change, the article illuminates critical relations between centre and locality and exposes the strains felt by at least some local governments in the face of Caroline policy. [source] ALGERIA: Wage Dispute ResolvedAFRICA RESEARCH BULLETIN: ECONOMIC, FINANCIAL AND TECHNICAL SERIES, Issue 12 2010Article first published online: 9 FEB 2010 No abstract is available for this article. [source] ANGOLA,DR CONGO: Joint Commission To Address DisputeAFRICA RESEARCH BULLETIN: ECONOMIC, FINANCIAL AND TECHNICAL SERIES, Issue 4 2009Article first published online: 4 JUN 200 No abstract is available for this article. [source] This Bud's For You: Understanding International Intellectual Property Law Through the Ongoing Dispute over the Budweiser TrademarkJOURNAL OF LEGAL STUDIES EDUCATION, Issue 1 2006Robert C. Bird [source] Learning to Dispute: Repeat Participation, Expertise, and Reputation at the World Trade OrganizationLAW & SOCIAL INQUIRY, Issue 3 2010Joseph A. Conti This mixed-method analysis examines the effects of repeat participation on disputing at the World Trade Organization (WTO). Differences between disputants in terms of their experience with WTO disputing processes affect the likelihood of a dispute transitioning to a panel review in distinct ways, depending upon the configuration of the parties. More experienced complainants tend to achieve settlements, while more experienced respondents tend to refuse conciliation. Strategies of experienced respondents are derived from the expertise generated from repeated direct participation and the normalcy of disputing for repeat players as well as the benefits accruing from a reputation for being unlikely to settle. Repeat players also seek to avoid disputes expected to produce unfavorable jurisprudence but do not actively try to create new case law through the selection of disputes. This research demonstrates a dynamic learning process in how parties use international legal forums and thus extends sociolegal scholarship beyond the nation-state. [source] "Between Mamas": The Anthropology of a Dispute, or,The Perils of Having Sons in the FieldANTHROPOLOGY & HUMANISM, Issue 1 2002Bilinda StraightArticle first published online: 28 JUN 200 This article both narrates and analyzes a conflict that my son and I were the center of in 1994 while I was conducting fieldwork with Samburu pastoralists in Northern Kenya. I draw upon a classic anthropological literature on conflict, most notably Gulliver's notion of "prehistory" to enframe a discussion of the participants' motivations, including my own. In discussing the moot held to settle the conflict and its dramatic consequences, I address the issues of inside/outside status and the role of our interlocutors in constructing our ethnographic personae in a mutually transforming process. [source] "Cold Storage": British Policy and the Beginnings of the Irian Barat/West New Guinea DisputeAUSTRALIAN JOURNAL OF POLITICS AND HISTORY, Issue 2 2000Nicholas Tarling During the struggle for independence, the British had sought to bring the Dutch and the Indonesians together: they wanted the friendship of the Dutch, their neighbours in Europe, but also believed that the Western powers could stay in Southeast Asia only if they came to terms with nationalism. The 1949 agreement that transferred sovereignty postponed the question of Irian Barat/West New Guinea. The British rather hoped that the Dutch would stay but,particularly as the Cold War intensified, did not wish to alienate the Indonesians. If no agreement could be reached on the issue, they wanted to put it into "cold storage" for a number of years. The Australian government was not satisfied with these policies. It opposed an Indonesian takeover, or indeed any Indonesian role in West New Guinea. Its aim was thepreservation of the status quo: even "cold storage" was insufficient. [source] GMO Food Labelling in the EU: Tracing ,the Seeds of Dispute'EUROCHOICES, Issue 1 2003Maria L. Loureiro Summary GMO Food Labelling in the EU: Tracinq ,the Seeds of Dispute' Genetically modified (GM) food labelling has become a critical issue in the international trade arena. Policymakers and consumers in the European Union (EU) seem to agree on the need to control the use of biotechnology in the food industry. As a consequence, recently the EU Commission approved a measure that establishes strict rules on genetically modified organisms (GMOs), but which lifts the moratorium on GMO production and marketing. This new Directive deals with mandatory labelling of GM foods and their traceability along the food chain. In spite of the substantial effort made to reconcile the different opinions in the escalating debate about biotechnology, the new GMO regulation seems to be unsatisfactory for too many interest groups. A system of total traceability from ,farm to fork' and mandatory labelling for genetically modified products may be considered too complex and too expensive to implement, particularly by those countries or industries that have produced GMO foods for many years. Yet, giving European consumers the freedom to choose GMOs may be the only option that there is until Europeans restore their confidence in the food system and food regulators. A market or consumer-driven solution may eventually terminate the GMO dispute between the two transatlantic trading blocks. , Assurance , Revenud a ns , Agriculture Européenne ,étiquetage des aliments contenant des organismes génétiquement modifyés (OGM) est devenu une question cruciale sur la scène du commerce international. Tant les décideurs politiques que les citoyens de , Union européenne semblent s'accorder sur la nécessité de soumettre à contrôle , utilisation des biotechnologies dans , industrie alimentaire. En conséquence, la Commission européenne a récemment approuvé une mesure qui établit des règies strictes sur les OGM, mais qui lève le moratoire sur leur production et leur commercialisation. Cette nouvelle directive concerne ,étiquetage obligatoire des aliments contenant des OGM et la façon ? en assurer le suivi dans les filières alimentaires. Ce nouveau règlement OGM, en dépit des efforts réels effectués pour réconcilier les différents points de vue dans la montée du débat sur les biotechnologies, semble inconciliable avec trop de groupes ? intérêts pour être satisfaisant. Un système assurant une traçabilité totale, ,du champ à la fourchette' et un étiquetage obligatoire pour tout produit contenant des OGM, paraît bien trop complexe et coûteux à mettre en ,uvre, en particulier pour les pays ou les industries qui produisent des aliments génétiquement modifyés depuis des années. Et pourtant, il se pourrait bien que la seule façpn de restaurer la confiance perdue des Européens dans le système alimentaire et ses institutions soit justement de leur donner le droit de choisir. La fin de la querelle des OGM entre les blocs commerciaux des deux rives de , Atlantique peut venir de solutions apportées par le marché et issues des consommateurs. Einkommenversicherung in der Europäischen Landwirtschaft Die Kennzeichnung von genetisch veränderten Lebensmitteln ist zu einer der bedeutendsten Streitfragen auf dem Gebiet des internationalen Handels geworden. Politische Entscheidungsträger und Verbraucher in der Europäischen Union scheinen dahingehend überein zu stimmen, dass der Einsatz von Biotechnologie in der Nahrungsmittel-industrie kontrolliert werden sollte. Als Reaktion darauf hat die EU-Kommission kürzlich einer Maßnahme zugestimmt, welche ein strenges Regelwerk für genetisch veränderte Organismen (GVO) festschreibt, mit der aber gleichzeitig das Moratorium für die Produktion und Vermarktung von GVO aufgehoben wird. Die neue Richtlinie beschäftigt sich mit der Pflichtkennzeichnung von genetisch veränderten Nahrungsmitteln und mit ihrer Rückverfolgbarkeit entlang der Nahrungsmittelkette. Trotz der erheblichen Anstrengungen, die verschiedenen Standpunkte in der eskalierenden Debatte um Biotechnologie zu berücksichtigen, scheint die neue GVO Richtlinie in den Augen (zu) vieler Interessengruppen unbefriedigend zu sein. Ein System der vollständigen Rückverfolgbarkeit vom Stall bis zum Teller und die Pflichtkennzeichnung von genetisch veränderten Nahrungsmitteln mag in der Umsetzung als zu komplex und zu teuer betrachtet werden, insbesondere von den Ländern oder Industriezweigen, welche seit vielen Jahren GVO-Nahrungsmittel hergestellt haben. Dennoch könnte der Ansatz, den europäischen Verbrauchern die freie Wahl für oder gegen GVO zu gewähren, der einzig gangbare Weg sein, bis die Europäer ihr Vertrauen in das Produktions- und Kontrollsystem für Nahrungsmittel zurückgewonnen haben. Eine markt- oder verbraucherorientierte Lösung könnte letztlich den Streit um GVO zwischen den beiden transatlantischen Handelsblöcken beenden. [source] The Economics of Trade Disputes, the GATT's Article XXIII, and the WTO's Dispute Settlement UnderstandingECONOMICS & POLITICS, Issue 3 2002Chad P. Bown Economic theory has yet to provide a convincing argument that can explain why the threat of retaliation under the GATT/WTO dispute settlement procedures is not sufficient to prevent countries from violating the agreement. We consider the question of why countries violate the agreed,upon rules in the face of explicit provisions which allow them to legally adjust their trade policy. Using the GATT/WTO institutional structure and the guiding principle of reciprocity, we provide a theory suggesting when countries will choose to implement protection in violation of GATT/WTO rules, as opposed to under the relevant safeguards provisions, when trade policy adjustments are necessary between "negotiating rounds." [source] ,Bound from Either Side': The Limits of Power in Carolingian Marriage Disputes, 840,870GENDER & HISTORY, Issue 3 2007Rachel Stone The article discusses four marriage disputes in ninth-century Francia which involved noblemen: Count Stephen of the Auvergne, Count Boso of Italy, Baldwin of Flanders and the royal vassal Falcric. All these men were affected by Carolingian reforming measures on consanguineous marriage, divorce and raptus (abduction). The article examines how gender and social status affected the forms of power and the strategies used by different parties in the cases: archbishops and popes, kings, the women involved and the noblemen themselves. A paradoxical situation is revealed: despite the patriarchal basis of Carolingian society, the power even of elite men over women and marriage was often highly contingent. Yet such restrictions on power did not imperil the gender order: the masculinity of the men involved in these marriage disputes was not questioned. [source] Delegating Differences: Bilateral Investment Treaties and Bargaining Over Dispute Resolution ProvisionsINTERNATIONAL STUDIES QUARTERLY, Issue 1 2010Todd Allee Bilateral investment treaties (BITs) have become the dominant source of rules on foreign direct investment (FDI), yet these treaties vary significantly in at least one important respect: whether they allow investment disputes to be settled through the International Centre for the Settlement of Investment Disputes (ICSID). Through the compilation and careful coding of the text of nearly 1,500 treaties, we identify systematic variation in "legal delegation" to ICSID across BITs and explain this important variation by drawing upon a bargaining framework. Home governments prefer and typically obtain ICSID clauses in their BITs, particularly when internal forces push strongly for such provisions and when they have significantly greater bargaining power than the other signatory. Yet some home governments are less likely to insist upon ICSID clauses if they have historical or military ties with the other government. On the other hand, although host governments are often hostile toward ICSID clauses, particularly when sovereignty costs are high, they are more likely to consent to such clauses when they are heavily constrained by their dependence on the global economy. Our findings have significant implications for those interested in FDI, legalization, international institutions, and interstate bargaining. [source] The (Ir)Relevance of Militarized Interstate Disputes for International TradeINTERNATIONAL STUDIES QUARTERLY, Issue 1 2002Quan Li Do military disputes between two states suppress trade between their firms? Both liberals and realists suggest that conflict occurrence reduces bilateral trade. However, using a rational expectation argument, Morrow (1999) proposes that conflict occurrence and trade should be uncorrelated statistically. Empirical evidence to date both supports expectations and appears contradictory and inconclusive. We offer a theory that reconciles, encompasses, and extends the competing arguments, explaining the empirical inconsistency. By incorporating rational expectations and uncertainty into the profit calculus of trading firms, the theory identifies the conditions under which various properties of a conflict (onset, duration, and severity) should and should not reduce bilateral trade ex ante and ex post. We test the ex post effects in two datasets that cover either a wider range of countries or a longer time period than previous quantitative studies. Both an unexpected MID onset and the unexpectedness of a MID onset reduce bilateral trade substantially ex post. Preliminary tests suggest that MID duration and severity also affect bilateral trade ex post. We conclude by discussing the implications of our research. [source] In the Nick of Time: Conflict Management, Mediation Timing, and the Duration of Interstate DisputesINTERNATIONAL STUDIES QUARTERLY, Issue 2 2000Patrick M. Regan This paper develops a theoretical argument linking time and the timing of conflict management efforts to dispute duration. We test competing hypotheses on conflict data drawn from disputes in the post-1945 period. Our analysis demonstrates that the effects of mediation vary substantially over the course of a dispute. Specifically, we note that mediation has a curvilinear relationship with time and the ending of disputes. Mediation efforts that occur soon after disputes begin have the best chance of reducing expected future dispute duration. Following this initial period, subsequent mediation efforts lead to longer rather than shorter disputes. After a long period, mediation again leads to shorter rather than longer disputes. We also find that there should be consistency in the mediators used to manage a conflict rather than shifting personnel to interject new ideas. [source] Common Misconceptions in Addressing Domestic Violence in Child Custody DisputesJUVENILE AND FAMILY COURT JOURNAL, Issue 4 2003PETER G. JAFFE ABSTRACT Domestic violence has been recognized as an important factor to consider in determining the best interests of children in custody and visitation disputes. However, there remain many misconceptions about the extent and impact of domestic violence in child custody proceedings. Several misconceptions are identified and juxtaposed with the reality of emerging knowledge in this field, and implications are outlined. These issues are illustrated by the perspectives of 62 women victims and 95 children exposed to domestic violence who had to navigate the justice system after separation from an abuser. Recommendations are offered for enhancing professional education, resource development, and collaboration among courts and community service providers. [source] Intervening in Employee Disputes: How and When Will Managers from China, Japan and the USA Act Differently?MANAGEMENT AND ORGANIZATION REVIEW, Issue 2 2007Jeanne M. Brett abstract We investigated how third party managers from China, Japan and the USA intervened in employees' disputes. Consistent with predictions, we found (using non-linear HLM analysis) that managers who were superiors to the disputants behaved autocratically and/or decided on conservative (e.g., contract adhering) outcomes; but managers who were peers (especially in China and the USA), generally involved disputants in decision-making and obtained integrative outcomes that went beyond initial contract related mandates. Our results extend prior research and theorizing using the dispositional and constructivist perspectives on culture by introducing norm complexity as an explanation for variations in third party conflict intervention behaviour within one culture. [source] Physical-Object Ontology, Verbal Disputes, and Common SensePHILOSOPHY AND PHENOMENOLOGICAL RESEARCH, Issue 1 2005ELI HIRSCH Two main claims are defended in this paper: first, that typical disputes in the literature about the ontology of physical objects are merely verbal; second, that the proper way to resolve these disputes is by appealing to common sense or ordinary language. A verbal dispute is characterized not in terms of private idiolects, but in terms of different linguistic communities representing different positions. If we imagine a community that makes Chisholm's mereological essentialist assertions, and another community that makes Lewis's four-dimensionalist assertions, the members of each community speak the truth in their respective languages. This follows from an application of the principle of interpretive charity to the two communities. [source] Rationality Disputes , Psychology and EpistemologyPHILOSOPHY COMPASS (ELECTRONIC), Issue 6 2008Patrick Rysiew This paper reviews the largely psychological literature surrounding apparent failures of human rationality (sometimes referred to as ,the Rationality Wars') and locates it with respect to concepts and issues within more traditional epistemological inquiry. The goal is to bridge the gap between these two large and typically disconnected literatures , concerning rationality and the psychology of human reasoning, on the one hand, and epistemological theories of justified or rational belief, on the other , and to do so in such as way as to expose interesting points of contact and convergence between them. [source] Frozen Embryo Disputes Revisited: A Trilogy of Procreation-Avoidance ApproachesTHE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 2 2001Judith F. Daar First page of article [source] The Icann Domain-Name Dispute Resolution System as a Model for Resolving kher Intellectual Property Disputes on the InternetTHE JOURNAL OF WORLD INTELLECTUAL PROPERTY, Issue 1 2002Andrew Christie First page of article [source] Future Uncertainty as a Challenge to Law's Programmes: The Dilemma of Parental DisputesTHE MODERN LAW REVIEW, Issue 4 2000Michael King The article poses the problem of the need for judges to make ,right' decisions. It then describes how judges have attempted to meet this requirement in difficult cases concerning parental disputes over contact with children where there have been allegations of domestic violence. Applying Luhmann's concepts of the legal system, law's function, law's coding and law's programmes (Das Recht der Gesellschaft (Society's Law) 1997), offers a very different perspective on the issue to that of the judiciary or legal commentators who tend to see the issue of the law, determining, with expert help, what is best for the child. Law's function of stabilizing expectations over time obliges it to deal with all matters that come before the courts through the application of ,conditional programmes' and prevents it from applying the ,purpose oriented programmes' of politics and those who see the issue in terms of ideological conflict. [source] Person perception in the heat of conflict: Negative trait attributions affect procedural preferences and account for situational and cultural differencesASIAN JOURNAL OF SOCIAL PSYCHOLOGY, Issue 2 2004Michael W. Morris Disputes by their nature involve contentious behavior. If one attributes such behavior to underlying personality traits, these attributions can be quite damning. The current research investigated negative trait attributions and their impact on dispute resolution decisions. We hypothesized that judging one's opponent to be low in agreeableness and high in emotionality (e.g. stubborn and volatile) shifts one's preference towards more formal procedures , formal in the sense that a third party judge controls the process and outcome. Drawing on the attribution literature, we hypothesized that two antecedents of these judgments (and consequent preferences) are the perceiver's level of prior information and the perceiver's cultural proclivity to explaining behavior in terms of personal dispositions. Results of an experiment measuring reactions to a hypothetical dispute found that prior information and culture (USA vs Hong Kong) increased trait attributions and preferences for formal procedures. Additionally, expectancy measures showed interaction effects suggesting that disputants dynamically construct expectancies in light of their personality impressions. [source] Economics and Asia-Pacific Region Territorial and Maritime Disputes: Understanding the Political Limits to Economic SolutionsASIAN POLITICS AND POLICY, Issue 4 2009Jean-Marc F. Blanchard Territorial and maritime disputes are a visible part of the tapestry of Asia-Pacific Region (APR) international relations. They have provoked frictions between states, militarized conflict, and even war. Some believe interstate economic ties or economic inducements have the potential to mitigate and resolve the APR's territorial and maritime controversies. In this article, I analyze, in two primary ways, the potential for economics to calm or resolve the APR's territorial and maritime disputes. One is a theoretical evaluation, while the other is an empirical examination. As for the latter, this article analyzes two specific quarrels: the China-Japan controversy over the East China Sea and Diaoyu/Senkaku Islands and the Japanese-Soviet/Russian conflict over the Northern Territories. In both cases, the economic optimist case is proved wanting. This article shows that researchers must pay attention to political factors, domestic and international, to identify the factors that facilitate/hinder a settlement of territorial and maritime disputes. [source] Evaluative mediation: In search of practice competenciesCONFLICT RESOLUTION QUARTERLY, Issue 2 2009Dorothy J. Della Noce Although there is no shortage of literature on why mediators should be allowed to give evaluations and why parties in dispute allegedly want and need evaluations, there is a relative lack of empirical literature on the subject of what exactly qualifies as competent evaluative mediation practice. The author reviews existing literature to formulate a description of the behaviors that would be considered competent in evaluative mediation practice, and to open a discussion of the implications of these findings for such contemporary fieldwide conversations as defining quality mediation, establishing performance-based competency standards, distinguishing among approaches to practice, and exploring the relationship between underlying values and practice approaches. [source] | |||||||||||||||||||||||||||||||||||||||||||||||||