Courts prevent conflict by requiring power to be exercised in a principled way. This paper discusses the implications of courts systems moving from a monopoly of power by nation states to emerging private court systems

This paper discusses the effect that cost shifting has on how parties use court processes for resolving disputes. This is related to policies that pass a party's costs to a neutral such as an insurer or a lawyer.. This leads to some conclusions about how the cost to parties of access to courts...

During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed legislation, and populist sentiments are important and obviously can result in significant changes. But many of the criticisms leveled at arbitration can be addressed and, most...

This article discusses the legal status of links, in connection with the pending cases before the Court of Justice of the European Union in Svensson, C More and BestWater. Hyperlinks, deep links, framed links and embedded links are discussed. It focuses on the Opinion of the European Copyright...

Rules are often seen as commands that have to be observed. From the perspective of disputants, however, rules may also be tools for settling disputes. Fisher, Ury, and Patton famously recommend that negotiators look for objective criteria instead of dividing the pie by a contest of willpower. We...

Trade mark grabbing. It happens a lot. Anywhere. Anytime. This article discusses the most recent developments in European Trade Mark Law for preventing cross-border trade mark grabbing. It outlines the current state of play in Europe on when right owners are able to invalidate bad faith trade...

Article on the most recent developments in European Trade Mark Law for preventing cross-border trade mark grabbing. The article outlines the current state of play in Europe on when right owners are able to invalidate bad faith trade mark applications on the grounds of earlier use. It discusses...

Case law discussions in sport management scholarship and pedagogy frequently focus exclusively on one primary topic area. Thus, a case serves as a textbook example of a specific legal theory and management practice points. Occasionally, a multi-faceted case allows for an elaborate, comprehensive...

Mediators have power. They use their power during mediation to help the parties to communicate with each other, to change their positions, and to come to an agreement. What do we know about mediators’ sources of power? How do mediators construct a power position and increase their power? How...