Reading The Landscape Of Disputes
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Reading The Landscape Of Disputes
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Author : Marc Galanter
language : en
Publisher:
Release Date : 1983
Reading The Landscape Of Disputes written by Marc Galanter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Actions and defenses categories.
Resolving Mass Disputes
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Author : Astrid Stadler
language : en
Publisher: Edward Elgar Pub
Release Date : 2013
Resolving Mass Disputes written by Astrid Stadler and has been published by Edward Elgar Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
'Resolving Mass Disputes is a timely, informative, and stimulating book. the contributed chapters analyze the phenomena of interest - mass dispute resolution in court-based systems and their alternatives - in numerous countries and the EU, and the insights they afford are nicely drawn together in a comprehensive introduction by the editors, Christopher Hodges and Astrid Stadler. As a result, the reader is enabled to understand and begin to evaluate comparatively the various mechanisms by which a broad array of common law and civil law systems currently resolve mass disputes.' - Stephen B. Burbank, University of Pennsylvania Law School, US
Hidden Conflict In Organizations
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Author : Deborah Kolb
language : en
Publisher: SAGE Publications
Release Date : 1991-12-17
Hidden Conflict In Organizations written by Deborah Kolb and has been published by SAGE Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-12-17 with Business & Economics categories.
Kolb and Bartunek′s Hidden Conflict in Organizations picks up where earlier works left off. . . . They provide some much-needed conceptual elaboration and empirical detail--elaboration and detail that earlier contextualist perspectives have not provided. . . . Despite being an edited volume, this book is surprisingly well focused and delicious to consume. . . . In directing our attention to the usual darkened and easily overlooked corners of organizational strife, this book provides a particularly compelling documentation of the social contextualist thesis. By documenting how minimal most organizational actors′ awareness of context is, coupled with active processes of denial, avoidance, and discounting, this book reminds us just how important it is to attend occasionally to the perceptual ground within which a figure is embedded. . . . The book does a beautiful job at articulating the importance of social context. --Negotiation Journal "What a timely and much needed volume for the field of conflict research! We believe wholeheartedly in the book′s continuous theme about there being a ′hidden′ side to conflict--a side which we feel is hidden to scholars, not to disputants or even practitioners. . . . The volume′s contributors clearly illustrate that unexplored gaps exist between the ′conflict′ studied by scholars and the multifaceted experience of those knee-deep in organizational conflict. . . . The reward for this focus is a richer and more dynamic picture of the experiences and functions of conflict in the organization. . . . This volume will and, indeed, should make us more aware of our own ways of constructing other′s disputes and, hence, the field′s current theories and prescriptions and proscriptions. This work will really have its impact when it significantly transforms our ways of studying and understanding conflict and eventually leads us to develop innovative and more effective ways for people to deal with (resolve or stimulate) their disputes in the workplace. We thank the editors and the authors for a wonderful beginning." --Journal of Organizational Behavior "Necessary reading for anyone interested in a comprehensive understanding of conflict theory. The dominant strength of this book is that it looks beyond the sometimes fraudulently tidy constructs of conflict theory to the messy and often irrational nature of social intercourse. . . . The succinct recapitulation of organizational theory that is relevant to conflict studies, and the extensive notes and bibliographical references in the book give the reader quick and effective access to the conflict resolution literature. The case-study approach makes the book attractive as supplementary reading." --Canadian Journal of Communication "Scholarly works that invite--or force--critical reexamination of assumptive frameworks are especially valuable. Hidden Conflict in Organizations is such a work. . . . The authors of the present volume go beyond early contributions, however, by providing much needed conceptual elaboration and empirical detail regarding precisely how conflicts remain hidden in organizations and the consequences of such ′hiddenness.′. . . The conceptual contributions made by these diverse individual efforts become most obvious when they are viewed against the backdrop of mainstream conflict theory and research. . . . Hidden Conflict does a service by reminding us also of the many ways in which conflict is embedded in larger, more complex social contexts and cultures. . . . This is the kind of book that reminds you of the pleasures of subtlety and that prompts a more nuanced understanding of a phenomenon. Good scholarly works, like good poetry, often bring to light lacunae. They allow one to feel the textures and contours of a landscape that often escape the eye. This is such a book." --The Academy of Management Review "The book represents a thoughtful collection of recent research and provocative thinking about very different kinds of disputes, mostly covert and informal, and how they are managed or left to fester in very different kinds of organizational settings. . . . This is a unique contribution to the study of conflict in organizations. . . . The authors have made a major contribution to a vast body of knowledge and opened up new avenues for applied research. . . . The authors are to be lauded for raising our awareness of hidden conflicts, their pervasiveness, and destructiveness in organizations of all kinds. . . . If you are a student of conflict and are seeking a scholarly work, this book is for you. It . . . will broaden your perspective, tell you something you didn′t know, and give you plenty to think about." --Personnel Psychology "This book lends a refreshing perspective on an old theme." --Stern′s HR Management Review "This is a much needed and delightful book about the hidden side of organizational life. The wide variety of settings in which hidden conflicts are observed and the high quality of the authors and their writing makes this not only an important but eminently readable book." Edgar H. Schein, Sloan School of Management, Massachusetts Institute of Technology "The individual essays are excellent and well written. . . . Each of the essays, in addition to descriptive material, offers a useful theoretical framework for understanding informal dispute resolution. The essays would provide useful supplemental reading for a course in dispute resolution theory and also could be used as examples in a practice course." --The Alternative Newsletter Conflict is a persistent fact of organizational life. In the midst of daily activities, disputes arise over a host of work and other issues. In contrast to the findings in traditional studies of conflict in organizations, most organizational conflict never becomes public. Rather, it is expressed during routine social and work-related interactions among members, and occurs in ways that reflect the specific organizational structures and cultures in which the interactions are embedded. This examination richly details some of these less public forms of conflict, which may take the form of avoidance, toleration, gossip, and vengeance. A collection of ethnographic studies of conflict management, Hidden Conflict in Organizations illustrates the use of these behind-the-scenes approaches in a wide variety of organizational settings, including a police department, start-up biotechnology firm, and labor-management negotiation. The contributors make it clear that, far from being an occasional occurrence in organizations, conflict is embedded in their very fabric. They draw on theory developed in other fields--disputing in legal contexts, deconstruction of texts, and ideological critique, among others--to examine conflictual processes in organizations. Adding a new dimension to the study of organizational conflict, this volume looks at the frequency of conflict, shows how conflicts are "really" handled in organizations, and suggests that these conflicts can be better managed for organizational effectiveness.
Order Without Law
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Author : Robert C. Ellickson
language : en
Publisher: Harvard University Press
Release Date : 1994-03-15
Order Without Law written by Robert C. Ellickson and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-03-15 with Law categories.
In Order without Law, Robert Ellickson shows that law is far less important than is generally thought. He demonstrates that people largely govern themselves by means of informal rules—social norms—that develop without the aid of a state or other central coordinator. Integrating the latest scholarship in law, economics, sociology, game theory, and anthropology, Ellickson investigates the uncharted world within which order is successfully achieved without law. The springboard for Ellickson’s theory of norms is his close investigation of a variety of disputes arising from the damage created by escaped cattle in Shasta County, California. In “The Problem of Social Cost”—the most frequently cited article on law—economist Ronald H. Coase depicts farmers and ranchers as bargaining in the shadow of the law while resolving cattle-trespass disputes. Ellickson’s field study of this problem refutes many of the behavioral assumptions that underlie Coase’s vision, and will add realism to future efforts to apply economic analysis to law. Drawing examples from a wide variety of social contexts, including whaling grounds, photocopying centers, and landlord–tenant relations, Ellickson explores the interaction between informal and legal rules and the usual domains in which these competing systems are employed. Order without Law firmly grounds its analysis in real-world events, while building a broad theory of how people cooperate to mutual advantage.
Dispute Resolution In China
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Author : Weixia Gu
language : en
Publisher: Routledge
Release Date : 2021-02-22
Dispute Resolution In China written by Weixia Gu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-22 with Law categories.
China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.
Litigation
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Author : Wilfrid R. Prest
language : en
Publisher: UNSW Press
Release Date : 2004
Litigation written by Wilfrid R. Prest and has been published by UNSW Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Actions and defenses categories.
Litigation does not have a good press - in fact, it is usually viewed very negatively. Rates of litigation in Western countries are claimed to be spiralling beyond control, and this is said to indicate a fundamental crisis in contemporary Western societies. "Litigation: Past and Present" sheds some much-needed light on these views, by examining actual patterns of litigation, both historical and contemporary, and considering the many ways in which courts provide strategies for social change and social justice. Topics surveyed include the long-range recording of litigation rates, the social uses of legal action, the effectiveness of procedural reforms in reducing litigation, and the impact of legal proceedings and activism on Indigenous rights, and on marriage and family issues. Litigation and its impact are too often discussed in excessively rhetorical and pragmatic terms. This volume, with contributions from internationally recognised scholars, adds much needed empirical research and theoretical perspectives to the discussion.
Resolving Disputes
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Author : Jay Folberg
language : en
Publisher: Aspen Publishing
Release Date : 2021-09-14
Resolving Disputes written by Jay Folberg and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-14 with Law categories.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion
Encyclopedia Of Law And Society
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Author : David S. Clark
language : en
Publisher: SAGE Publications
Release Date : 2007-07-10
Encyclopedia Of Law And Society written by David S. Clark and has been published by SAGE Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-10 with Social Science categories.
"This work will be very valuable for academic and public libraries supporting prelaw, law, social, and cultural studies. Summing Up: Highly recommended. Upper-level undergraduates through professionals/practitioners; general readers." —CHOICE There are two aspects of scholarship about the legal systems of our day that are especially salient—one being for the first time there is a fair amount of genuine research on legal systems, and two, that this research is increasingly global. As soon as you cross a jurisdictional line, even if it separates countries that are very similar, you enter a different legal system. It cannot be assumed that any particular rule, doctrine, or practice is the same in any two jurisdictions, regardless of how close these jurisdictions are, in terms of history and tradition. The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia′s coverage, American and international law and society will be better understood within its historical and comparative context. Key Features: Includes more than 700 biographical entries that are historical, comparative, topical, thematic, and methodological Presents the rich diversity of European, Latin American, Asian, African, and Australasian developments for the first time in one place to reveal the truly holistic, interdisciplinary virtues of law and society Examines how and why legal systems grow and change, how and why they respond (or fail to respond) to their environment, how and why they impact the life of society, and how and why the life of society impacts in turn these legal systems With borders more porous than ever before, this Encyclopedia reflects the paradoxical reality of modern life, including legal life. This valuable resource aims to present research, along with the theories on which it is grounded, fairly and comprehensively and is a must-have for all academic libraries.
In Praise Of Litigation
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Author : Alexandra Lahav
language : en
Publisher: Oxford University Press
Release Date : 2017-01-02
In Praise Of Litigation written by Alexandra Lahav and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-02 with Law categories.
While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.
Punishment
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Author : Terance D. Miethe
language : en
Publisher: Cambridge University Press
Release Date : 2005
Punishment written by Terance D. Miethe and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Social Science categories.
This 2005 book examines punishment in different forms, including corporal and economic punishment.