It is in the best interests of the maritime industry and the arbitrators’ fraternity to ensure that the ADR forums provide finality and an effective resolution of the disputes submitted to the arbitral tribunals. The procedural misconduct or serious irregularities may surface at early stages...

This paper, written for the forthcoming Oxford Handbook of Distributive Justice, ponders several understandings of conceptual analysis in the context of debates over distributive justice. The paper's first three main sections consider the concept/conception distinction in its multi-layered...

This essay suggests that lying about the numbers that schools report to US News is no better than the lying that Enron did about its various methods of "earnings management." It also suggests that administrators - being humans - can talk themselves into lying about the numbers for all sorts of...

This short paper focuses on the problem of reference class in evidentiary assessment as it relates to probability and weight of evidence. The reluctance to inject mathematical formalism into the factfinding function is justified. Objective probability requires a reference class from which a...

Addressing the tax asymmetries of public entities in the Mexican territory, opens several possibilities of studies, which includes the magnitude and incidence of imbalances of the functions that empower the tax authorities in the country. Currently, this problem is observed in the face of the...

We investigate whether the inclusion of social rights in political constitutions affects social performance. More specifically, we analyze whether including the right to education in the constitution has been related to better "educational outcomes." We rely on data for 61 countries that...

This book analyzes the scope of judicial authority and discretion to recognize the equitable doctrine of unclean hands as a bar to actions seeking damages in the United States. Bringing an American perspective to the contentious conversation about law – equity fusion in other countries of the...

The nearly twenty-year history of the Digital Millennium Copyright Act's safe harbor provisions has been marked by criticism from content owners, online service providers, and end users. Content owners complain about the cost of monitoring online content and sending take-down notices. Online...

This paper gives an overview of the annulment (setting-aside) mechanism in international commercial arbitration. It explores the 'prevailing consensus' on the annulment criteria in the UNCITRAL Model Law and some of the more common deviations from such consensus present in contemporary national...

For conflict resolution scholars, the idea of focusing on the media is a logical one. After all, the media is the primary method through which the public and political leadership perceive and understand conflicts at home and abroad. If we are working to better handle these conflicts, the way...