Adjudication Of Disputes Research Articles

Adjudication of Canada-United States Disputes

Adjudication of Canada-United States Disputes

The Adjudication of Commercial Disputes and the Legal System in Modern England

The Adjudication of Commercial Disputes and the Legal System in Modern England

The Adjudication of Inter-union Membership Disputes: The T.U.C. Disputes Committee Revisited

The Adjudication of Inter-union Membership Disputes: The T.U.C. Disputes Committee Revisited

Justice and the Jury

The jury has been described as serving one of two separate functions. It can be seen as an institution designed to ensure the accuracy of fact finding in the adjudication of disputes, applying to the facts of the dispute the law as given by the judge; or it can be seen as an institution which has the right to construe or ignore a relevant rule of law in a case in which its application would not be in accord with the notions of justice and fairness prevailing in the community. After a short review of some of the views taken on each of these sides, we consider the kinds of extra‐legal factors that appear to influence jury decisions.

Avoidance as Dispute Processing: An Elaboration

I have suggested (1974) that in societies such as the United States, where non-governmental institutionalized mediation and adjudication of interpersonal disputes are infrequent, some of the slack may be absorbed by avoidance. I implied that avoidance would generally have lower costs in the United States than in societies where such mediation and adjudication are widely available. Danzig and Lowy (1975: 676-682) argue that I have underestimated the costs of avoidance in the United States. They may be right. In any event, avoidance can be analyzed more precisely than it was in my original paper (see 1974: 70, 76, 79-80, 83-84). This response will try to provide such an analysis, including a more complete breakdown of avoidance costs. It will suggest why I appraise avoidance costs differently than do Danzig and Lowy. It will also re-evaluate some of the variance in avoidance costs between different societies. Finally, it will discuss avoidance and Danzig and Lowy's proposed neighborhood mediation.

Liability Prevention via the CourtߞIs it Possible?

Though common law declares the safety of the people as the supreme law and guarantees to every individual the right of personal safety, courts cannot protect individuals from product-caused injuries because of inherent shortcomings of the judicial process. Scientific and technological changes take place on a predetermined time scale but ethics and human values do not develop in the same manner. The adversary system of adjudication of private disputes cannot promote a contextual approach to technology assessment whereby goal-oriented policy can be made by courts.

An Inquiry into the History of the Adjudication of Mercantile Disputes in Great Britain and the United States

An Inquiry into the History of the Adjudication of Mercantile Disputes in Great Britain and the United States

The Politics of Adjudication

The literature of the regulatory process deals extensively with disposition of formal cases by commissions and with legal problems in rule-making and the adjudication of disputes. Lawyers and law schools have succeeded in focusing concern upon problems of procedural due process, the extent to which the courts will review the decisions of the administrative agencies, and the possibilities of establishing a uniform code of procedure for all administrative agencies to follow in the course of their rule-making and adjudicatory activities. It is useful to review some of the more significant political and administrative aspects of the adjudicatory functions of commissions in order to place the legal studies of regulatory procedure in a broader perspective.

Postwar College Housing

Students, whether graduate or undergraduate, while attending the University must have their places of residence approved by the proper authorities of the University. If, in the opinion of the Board of Regents or its representatives, the conditions at any such place are not conducive to study, health, or morals, it may, at its discretion, insist that students vacate such residence and occupy rooms that are approved by the Board. Prior to March, I940, the supervision of students' residences was divided between an assistant in the office of the dean of student affairs and the director of the Student Housing Bureau in the office of the dean of women. The functions of these two staff members consisted largely of a personal inspection visit to private residences providing rooms for students, the preparation and printing of an annual list of approved houses, and the adjudication of disputes between students and proprietors of rooming houses. In the spring of I940, the report of a special presidential committee was approved which provided for the annual inspection of students' rooms by the staff of the University Health Service, the delegation of other functions including contracts and adjustments of disagreements to the dean of students' affairs and dean of women, and the appointment of a woman to a full-time position as director of the Housing Bureau. On July I, I94I, administrative responsibility for the Housing Bureau was assigned to the dean of students. At the present time the following functions are performed by the staff of the Student Housing Bureau:

The Adjudication of Collective Labor Disputes in Italy

I. Comparison of the Italian system with earlier arbitration schemes, 456. — II. Decisions handed down in the judicial type of collective labor dispute, 458.— III. Decisions in the economic type of dispute: rice washers, 461; sailors' wages, 463; rice field workers, 464; rice washers, 465; farm laborers in Rovigo, 467; steamship officers, 468; the silk industry, 469.— IV. Paucity of decisions, 472. — Satisfactory and unsatisfactory aspects of the courts' structure and procedure, 472. Evaluation of their services, 473.

International Peace-By Court or Government?

The lessons which one can draw from the breakdown of the League of Nations for a future organization for international peace are as follows: (a) that it was not possible to insure peace within the international community and simultaneously to guarantee against external aggression, attempting simultaneously the disarmament of the member states, without creating an international armed force;(b) that it was a mistake, therefore, to place in the center of an international organization an executive body such as the League Council without a judicial body such as the permanent World Court at The Hague; (c) and it was a further mistake not to have established the compulsory adjudication of disputes among members. In order to lay the psychological foundation for a future peace organization it is necessary to eliminate the prejudices which stand in the way of the establishment of a compulsory adjudication of international disputes. It is equally indispensable to avoid the error of believing that it is impossible to...

Administrative Adjudication of Contract Disputes: The Walsh-Healey Act

Administrative Adjudication of Contract Disputes: The Walsh-Healey Act