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Article

Access_open Digital Justice

Reshaping Boundaries in an Online Dispute Resolution Environment

Journal International Journal of Online Dispute Resolution, Issue 1 2014
Keywords ADR, ODR, DSD, digital technology, boundaries, dispute prevention
Authors Orna Rabinovich-Einy and Ethan Katsh
AbstractAuthor's information

    Digital technology is transforming the landscape of dispute resolution: it is generating an ever growing number of disputes and at the same time is challenging the effectiveness and reach of traditional dispute resolution avenues. While technology has been a disruptive force in the field, it also holds a promise for an improved dispute resolution landscape, one that is based on fewer physical, conceptual, psychological and professional boundaries, while enjoying a higher degree of transparency, participation and change. This promise remains to be realized as the underlying assumptions and logic of the field of dispute resolution have remained as they were since the last quarter of the 20th century, failing to reflect the future direction dispute resolution mechanisms can be expected to follow, as can be learned from the growth of online dispute resolution. This article explores the logic of boundaries that has shaped the traditional dispute resolution landscape, as well as the challenges such logic is facing with the spread of online dispute resolution.


Orna Rabinovich-Einy
Orna Rabinovich-Einy is Senior Lecturer, University of Haifa School of Law. Fellow, National Center for Technology and Dispute Resolution. For advice and suggestions we appreciate the guidance received from participants in the Cardozo Works in Progress conference in November 2013 and the Copenhagen Business School – Haifa Law Faculty Colloquium.

Ethan Katsh
Ethan Katsh is Director, National Center for Technology and Dispute Resolution and Professor Emeritus of Legal Studies, University of Massachusetts at Amherst. This article has benefited from research supported by National Science Foundation award #0968536, ‘The Fourth Party: Improving Computer-Mediated Deliberation through Cognitive, Social and Emotional Support’, <www.nsf.gov/awardsearch/showAward?AWD_ID=0968536>.
Article

Access_open ‘Boxing’ Choices for Better Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1 2014
Keywords dispute resolution, decision support, interactive visualization, collaborative deliberation, choice-making
Authors Marc Lauritsen
AbstractAuthor's information

    Choosing among alternatives that vary in multiple ways you care about is one of the most fundamental mental activities, and one that is part of nearly all forms of cognition. Decisional processes often primarily involve balancing competing considerations. When multiple parties with conflicting interests are present, strategic interactions add to the complexity. This article explores opportunities for interactive visualizations in support of such processes, using as background a current software project that is developing systems for collaborative deliberation about choices.


Marc Lauritsen
President of Capstone Practice Systems, Legal Systematics, and All About Choice. The author has served as a poverty lawyer, directed the clinical program at Harvard Law School, and done path-breaking work on document drafting and decision support systems. He is a fellow of the College of Law Practice Management and co-chairs the American Bar Association’s eLawyering Task Force.
Article

Access_open Third-Party Ethics in the Age of the Fourth Party

Journal International Journal of Online Dispute Resolution, Issue 1 2014
Keywords ODR, ethics, fourth party, ADR, standards of practice
Authors Daniel Rainey
AbstractAuthor's information

    ‘Third Party Ethics in the Age of the Fourth Party’ presents and discusses some of the ethical impacts of the use of information and communication technology (ICT) in third party practice (mediation, facilitation, arbitration, etc.). The article argues that all of the ethical requirements related to third party practice have been affected by the use of ICT, that ethical standards of practice must be reviewed in light of the use of ICT, and that changes in ethical requirements based on the use of ICT will be evolutionary, not revolutionary.


Daniel Rainey
Clinical Professor of Dispute Resolution at Southern Methodist University, Chief of Staff for the National Mediation Board, and adjunct faculty in the dispute resolution programmes at Creighton University and Dominican University. <http://danielrainey.us>.
Article

A Thorny Path to the Spotlight

The Rule of Law Component in EU External Policies and EU-Ukraine Relations

Journal European Journal of Law Reform, Issue 1 2014
Keywords rule of law, rule of law promotion, European Union, European Neighbourhood Policy, Ukraine
Authors Olga Burlyuk
AbstractAuthor's information

    The rule of law and its promotion abroad is currently at the core of EU external policies, specifically in the European neighbourhood. But has it always been the case? This article traces the rule of law component of EU external policies in general and EU–Ukraine relations as a case study, and reveals that in the last two decades the rule of law has followed a thorny path to the spotlight, emerging from a rather peripheral place in the 1990s to its currently central one. The article argues that this is a result of three processes: the legislative mainstreaming of the rule of law in the EU itself, the growing ambitiousness of EU–Ukraine relations, and the increased visibility of systemic shortcomings in rule of law application in Ukraine due to the trials of opposition politicians since 2010. The article concludes by suggesting that rule of law components of other EU bilateral relations in the European neighbourhood and beyond are subject to similar processes.


Olga Burlyuk
Recently awarded the degree of Doctor of Philosophy in International Relations, Brussels School of International Studies, the University of Kent.
Article

The Values of the European Union Legal Order

Constitutional Perspectives

Journal European Journal of Law Reform, Issue 1 2014
Keywords European Union, constitutional values, jurisprudence, rule of law, treaty objectives
Authors Timothy Moorhead
AbstractAuthor's information

    At the heart of the European Union legal order lie values directed collectively to the idea of European integration. As a body with significant governmental and lawmaking powers, the Union also presents itself as an institution based upon the rule of law. The Union ‘constitution’ therefore expresses both regulatory powers direct­ed towards European integration as well as rule of law principles whose scope of application is limited by the terms of the Treaties. In this article I consider how this distinctive amalgam of values operates as a constitution for the European Union, by comparison with domestic constitutional values within the Member States. I also consider how Union constitutional demands condition and inform the legal practices of the Court of Justice. Here I identify the interpretive effects of superior Union laws –‍ the core Treaty objectives as well as rule of law principles found within the General Principles ‍– as of particular significance in developing the legal influences of the entire Union project of integration.


Timothy Moorhead
Associate Lecturer, University of Kent.
Article

Negligent Prosecution

Why Pirates Are Wreaking Havoc on International Trade and How to Stop It

Journal European Journal of Law Reform, Issue 1 2014
Keywords piracy, shipping, maritime law, universal jurisdiction, Somalia
Authors Justin Boren
AbstractAuthor's information

    The standard of living throughout the world has been on the rise thanks in large part to perhaps the greatest advance in the last hundred years: international trade performed by maritime traffic. Despite modern advances in shipping practice, the centuries-old problem of piracy has once again threatened advancement of international trade. Although piracy is not limited to a geographical area, the Horn of Africa has received much attention of late owing to a resurgence of pirate attacks. Using the failed state of Somalia as a base, pirates off the Horn of Africa have found piracy to be an extremely lucrative business in a part of the world ravished by famine, poverty and ongoing wars. This article calls for nations the world over to invoke universal jurisdiction and grant to the International Tribunal for the Law of the Sea in Hamburg, Germany, exclusive jurisdiction over claims of piracy. In doing so, the international community will no longer turn a blind eye to a crime that affects all nations equally.


Justin Boren
J.D. Candidate May 2014, Robert H. McKinney School of Law, Indianapolis, IN.
Article

The Costs and Consequences of US Drug Prohibition for the Peoples of Developing Nations

Journal European Journal of Law Reform, Issue 1 2014
Keywords U.S. drug policy, drug prohibition, War on Drugs, human rights, U.N. Declaration on the Right to Development
Authors J. Michael Blackwell
AbstractAuthor's information

    The widespread production and use of illicit drugs is a social phenomenon carrying enormous social, economic, and political significance. The United States stands as a vocal and forceful proponent of prohibitionist drug controls in international policymaking. However, strictly enforced US prohibitionist drug controls largely fail to effectively reduce the consumption of narcotic drugs and ultimately create a significant number of negative consequences for many peoples throughout the world. The increased violence, government corruption and community sequestration that result from the war against drugs are deleterious to economic development among rural communities in drug producing countries. In response to these concerns, this article examines the purpose, effects and consequences of the prohibitive drug controls routinely employed by the United States. Special attention is paid to an oft-overlooked repercussion of prohibitive drug controls: the marginalisation of developmental human rights for peoples in drug producing countries.


J. Michael Blackwell
J.D. candidate, Indiana University Robert H. McKinney School of Law, 2013; A special thanks to family, friends and Dr. Frank Emmert for guidance and support.
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