Mitchell Hamline School of Law
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Splitting Hairs: Resolving the Circuit Split on AAA Incorporation in Class Arbitration Delegation
Get PDFSexual Harassment in a University Setting: Searching for Justice and Compassion in an Unjust and Indifferent World
Get PDFThe article deals with the question concerning legal responses to sexual harassment – whether those responses should be relentless in punishing and stigmatizing perpetrators and banishing them from positions where they can offend further, or whether there should be room for rehabilitating or even forgiving at least those offenders whose abusive behavior is not violent or serial. On the one hand, the importance of achieving justice and equality for women is critical. On the other hand, one may recognize the possibility of repentance and restoration of both victim and offender to society. The modern restorative justice movement, informed by Christian theology, suggests that alternative dispute resolution mechanisms should not only ensure that victims receive appropriate restoration for the harm they have suffered, but also try to restore perpetrators who accept responsibility for their offenses back into the community. It seems that practiced in the right cases, restorative justice may turn the disempowerment and fearful, sometimes guilty in-turning that victims may experience in adjudicative processes, into a freedom of giving beyond justice, and they may move the self-justificatory shame of a perpetrator into true repentance and reparatory action. At least, restorative justice may push them toward a relational dynamic that is healthier for both whether they must necessarily encounter each other in the future or free themselves from the hurt of the past
Shaping Intellectual Property Rights Through Human Rights Adjudication: The Example of the European Court of Human Rights
Get PDFMinor Advances, Major Consequences: Hatch-Waxman Administers Exclusivity for Drug Delivery Devices
Get PDFThe Other Side of the Door: the Art of Compassion in Policing
Get PDFThe Other Side of the Door is an account of an extraordinary experiment by a remarkable group, jointly headed by contemporary artist Rachel Parish and Jack Cambria, the longtime commander of the New York Police Department\u27s elite Hostage Negotiation Team. The group also included law enforcement professionals and students, performance poets, an emergency medicine physician, conflict management experts, a sociologist and two psychologists.
With the unprecedented combination of viewpoints and talents the group set out to create a new approach to police training form emotional competence. They learned as much from what did not work as from what did. Both the the successes and the failures are documented in this groundbreaking book. The result suggest some new possibilities for reconciling our police forces and the people they serve.
ContributorsMaurice Emerson DecaulChris HoneymanElizabeth JeglicTeniece Divya JohnsonJames O\u27SheaJenny PacanowskiDaniel L. ShapiroMaria R. VolpeGeorgia Wintershttps://open.mitchellhamline.edu/dri_press/1009/thumbnail.jp
Anticipating Procedural Innovation: How and When Parties Calibrate Procedure Through Contract
Get PDFDespite a vast literature on contract theory, scholars are only just scratching the surface of understanding how parties design their contracts in the real world. This shortfall is particularly true of procedural customizations. Contrary to some early commentators’ estimates, in a small but significant set of circumstances, parties engage in a diverse range of procedural customization. To date, however, scholars have struggled to identify and explain the patterns of ex ante procedural contracting.
This Article argues that the first step toward understanding how transactional attorneys harness the potential of procedural autonomy is to recognize that procedural customization functions most effectively to offset litigation opportunism. By systematically considering how various forms of customization limit or eliminate litigation opportunism, this Article demonstrates how contract design can be improved through procedural contracting. This Article then advances a typology of procedural innovation that considers the key attributes underlying a transaction, namely the degree of environmental and behavioral uncertainty present and the frequency with which other similar parties contract in the same domain. This typology offers tentative predictions about when and how parties are most likely to calibrate procedure through contract
Evolution of a Field: Personal Histories in Conflict Resolution
Get PDFThis book features 23 chapters written by founders, thinkers, inventors, reformers, disrupters and transformers in the field of conflict resolution, thus allowing readers to explore the field’s real, on-the-ground reasons for being and evolving. The contributors include mediators, facilitators, arbitrators, ombuds, academics, system designers, entrepreneurs, leaders of conflict resolution organizations, researchers, advocates for conflict resolution, and critics of conflict resolution. They share their personal and professional stories as well as the values, aspirations and characteristics of the field that inspired them to become involved in conflict resolution, develop their careers, and both influence and wrestle with the field’s evolution.
ContributorsPeter S. AdlerHoward BellmanLela Porter LoveIan MacduffLucy MooreGeetha RavindraNancy A. WelshJohnston BarkatChris HoneymanColin RuleAndrea Kupfer SchneiderThomas J. StipanowichLisa Blomgren AmslerJacqueline N. Font-GuzmánHoward GadlinDavid HoffmanCarol IzumiMarvin E. JohnsonHomer C. LaRueBernie MayerCarrie Menkel-MeadowChristopher W. MooreEllen Waldmanhttps://open.mitchellhamline.edu/dri_press/1011/thumbnail.jp
