Mediation in a Nutshell

Author: Kimberlee K. Kovach

Publisher: West Academic

ISBN: 9780314908803

Category: Law

Page: 386

View: 7185

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This title provides a comprehensive, yet concise examination of the primary aspects of mediation practice. In doing so, the book considers the legal, philosophical, policy and practical issues surrounding mediation use. Matters include issues such as levels of participation in mediation, enforceability of mediated agreements, regulation of practice including ethical concerns, and a survey of the specialized applications of mediation. The extent and limits of confidentiality are examined with consideration of the Uniform Mediation Act. Each chapter also contains an extensive bibliography and listing of leading cases on each subject area.

Alternative Dispute Resolution in a Nutshell

Author: Jacqueline M. Nolan-Haley

Publisher: West Academic Publishing

ISBN: 9780314285324

Category: Law

Page: 526

View: 7419

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This title presents a concise summary of alternatives to the court adjudication of disputes. On-point discussion facilitates an understanding of the wide variety of options available that can better suit a client's needs, such as negotiation, mediation, arbitration, and various hybrids such as arb-med, med-arb, consensus-building as well as court-connected processes. Particular attention is focused on the legal and ethical issues associated with negotiation, mediation and arbitration. Each chapter contains a bibliography. This is a must read for anyone interested in the field of dispute resolution.

The Franco-Prussian War in a Nutshell

A Daily Diary of Diplomacy, Battles, and War Literature. With 18 Portraits and 14 Maps from Official French and Prussian Field Surveys

Author: Melville De Lancey Landon

Publisher: N.A

ISBN: N.A

Category: Franco-Prussian War, 1870-1871

Page: 486

View: 8725

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AI Approaches to the Complexity of Legal Systems

International Workshops AICOL-I/IVR-XXIV, Beijing, China, September 19, 2009 and AICOL-II/JURIX 2009, Rotterdam, The Netherlands, December 16, 2009 Revised Selected Papers

Author: Pompeu Casanovas,Ugo Pagallo,Giovanni Sartor,Gianmaria Ajani

Publisher: Springer Science & Business Media

ISBN: 3642165230

Category: Law

Page: 243

View: 4878

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California Civil Procedure in a Nutshell

Author: William R. Slomanson

Publisher: West Academic

ISBN: 9780314187963

Category: Law

Page: 359

View: 3524

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California has one of the most complex procedural systems in the nation. This Nutshell provides an overview of the many significant differences that impact the choice between state and federal courts in California. The authors succinctly analyze California procedure and expose different solutions to the practice problems found in a state containing parallel systems of state and federal procedure.

Family Law in a Nutshell

Author: Harry D. Krause

Publisher: N.A

ISBN: 9780314065780

Category: Domestic relations

Page: 511

View: 4282

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Perspectives; Creation of the Marriage Relationship; Spousal Rights and Obligations in the Ongoing Marriage; Creation of the Parent and Child Relationship; Parent and Child Relationship; Termination of Marital Status; Economic Consequences of Divorce.

Contracts in a Nutshell

Author: Claude D. Rohwer,Anthony M. Skrocki

Publisher: West Academic

ISBN: 9780314169242

Category: Law

Page: 577

View: 3270

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Rohwer and Skrocki's Contracts in a Nutshell is a succinct summary of the fundamentals of contracts. Contains expert coverage on forming contracts, restitution, statute of frauds, contract interpretation, and modification. Also discusses remedies, performance, and third-party beneficiaries.

The Iliad in a Nutshell

Visualizing Epic on the Tabulae Iliacae

Author: Michael Squire

Publisher: Oxford University Press

ISBN: 0199602441

Category: Art

Page: 467

View: 6989

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"The 'Tabulae Iliacae' (Iliac tablets) are a collection of twenty-two miniature marble reliefs from the early Roman Empire; all of them are inscribed in Greek, and most depict the panoramic vistas of Greek epic. This book brings the tablets to life as never before, revealing the unassuming fragments as among the most sophisticated objects to survive from the ancient Mediterannean world. 'The Iliad in a Nutshell' is not only the first monograph on this material in English (accompanied by a host of new photographs, diagrams, and reconstructions), it also examines the larger cultural and intellectual stakes--both in classical antiquity and beyond. Where modern scholars have usually dismissed the 'Tabulae Iliacae' as secondary 'illustrations' and 'tawdry gewgaws', Michael Squire advances a diametrically opposite thesis: that these epigrammatic tablets synthesize ancient ideas about visual-verbal interaction on the one hand, and about the art and poetics of scale on the other. By reassessing the artistic and poetic aesthetics of the miniature, Squire's radical new appraisal shows how the tiny tablets encapsulate antiquity's grandest theories of originality, fiction, and replication. The book will be essential reading not just for classical philologists, art historians, and archaeologists, but for anyone interested in the intellectual history of western representation"--Publisher's description, p. [4] of dust jacket.

Acting with Technology

Activity Theory and Interaction Design

Author: Victor Kaptelinin,Bonnie A. Nardi

Publisher: MIT Press

ISBN: 0262263424

Category: Computers

Page: 352

View: 8820

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Activity theory holds that the human mind is the product of our interaction with people and artifacts in the context of everyday activity. Acting with Technology makes the case for activity theory as a basis for understanding our relationship with technology. Victor Kaptelinin and Bonnie Nardi describe activity theory's principles, history, relationship to other theoretical approaches, and application to the analysis and design of technologies. The book provides the first systematic entry-level introduction to the major principles of activity theory. It describes the accumulating body of work in interaction design informed by activity theory, drawing on work from an international community of scholars and designers. Kaptelinin and Nardi examine the notion of the object of activity, describe its use in an empirical study, and discuss key debates in the development of activity theory. Finally, they outline current and future issues in activity theory, providing a comparative analysis of the theory and its leading theoretical competitors within interaction design: distributed cognition, actor-network theory, and phenomenologically inspired approaches.

The Fugitive Identity of Mediation

Negotiations, Shift Changes and Allusionary Action

Author: Debbie De Girolamo

Publisher: Routledge

ISBN: 1134075189

Category: Law

Page: 264

View: 1690

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Despite much having been written about what mediation is, direct observations of commercial mediations are limited. This book grants an opportunity to observe mediation in action and also provides external commentary about the actions observed. The book approaches Mediation ethnographically as a social process that is informed by structures, rules and norms that colour the environment within which it operates. Through the ethnographic method, a process leading to negotiated order is examined, baring its elements, identifying its influences and studying the movement to order. The result is the reconceptualization of mediation. The mediator is invited into the negotiation as third party intervener. He creates the process of mediation, defining the process by his actions, which ultimately merges mediator with process. This book provides a window to the lived experience of participants to mediation: it explores their understandings of and interactions within a process they have experienced together and demonstrates how mediation is a process inextricably linked to negotiation. The Fugitive Identity of Mediation will be of interest to scholars, mediators, parties who participate in the process, and to those active in public policy discourse.

The Legal System of the People's Republic of China in a Nutshell

Author: Daniel C. K. Chow

Publisher: West Academic

ISBN: 9780314262974

Category: Law

Page: 483

View: 7005

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This book begins with a brief overview of the important events of the twentieth century that has shaped modern China, and then turns to a systematic analysis of the structure of government, basic human rights and liberties, and the role of the Communist Party in the governance of the People's Republic of China (PRC). It examines all major PRC legal institutions, including the law-making organs, courts, procuratorates, police, and the legal profession. Also provides an overview of the major areas of procedural and substantive black letter law in the PRC, with a focus on foreign investment and intellectual property laws.

Fast Facts About Nursing and the Law

Law for Nurses in a Nutshell

Author: Paula DiMeo Grant, RN, BSN, MA, JD,Diana Ballard, JD, MBA, RN

Publisher: Springer Publishing Company

ISBN: 0826110460

Category: Medical

Page: 234

View: 2965

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Nurses are required not only to keep pace with a swiftly changing health care environment and make rapid decisions on critical issues, they must also be cognizant of the legal implications of these decisions. This Fast Factslegal reference provides the quick, reliable legal information that nurses need to protect themselves in practice, management, and education. The only resource of its kind, it has been authored by highly respected nurse attorneys and practitioners who present complex information in straightforward, accessible language organized into easily digestible segments. Key Topics: Malpractice/negligence issues Workplace, organization, and business law, Legal concerns in the classroom Disaster and public health emergencies Nurse Practice Acts and the disciplinary process Informed consent and patient rights Risk management and compliance Trials and alternatives in dispute resolution

Nomadic Theory

The Portable Rosi Braidotti

Author: Rosi Braidotti

Publisher: Columbia University Press

ISBN: 0231525427

Category: Social Science

Page: 416

View: 8832

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Rosi Braidotti's nomadic theory outlines a sustainable modern subjectivity as one in flux, never opposed to a dominant hierarchy yet intrinsically other, always in the process of becoming, and perpetually engaged in dynamic power relations both creative and restrictive. Nomadic theory offers an original and powerful alternative for scholars working in cultural and social criticism and has, over the past decade, crept into continental philosophy, queer theory, and feminist, postcolonial, techno-science, media, and race studies, as well as into architecture, history, and anthropology. This collection provides a core introduction to Braidotti's nomadic theory and its innovative formulations, which playfully engage with Deleuze, Foucault, Irigaray, and a host of political and cultural issues. Arranged thematically, essays begin with such concepts as sexual difference and embodied subjectivity and follow with explorations in technoscience, feminism, postsecular citizenship, and the politics of affirmation. Braidotti develops a distinctly positive critical theory that rejuvenates the experience of political scholarship. Inspired yet not confined by Deleuzian vitalism, with its commitment to the ontology of flows, networks, and dynamic transformations, she emphasizes affects, imagination, and creativity and the politics of radical immanence. Incorporating ideas from Nietzsche and Spinoza as well, Braidotti establishes a critical-theoretical framework equal parts critique and creation. Ever mindful of the perils of defining difference in terms of denigration and the related tendency to subordinate sexualized, racialized, and naturalized others, she explores the eco-philosophical implications of nomadic theory, feminism, and the irreducibility of sexual difference and sexuality. Her dialogue with technoscience is crucial to nomadic theory, which deterritorializes the established understanding of what counts as human, along with our relationship to animals, the environment, and changing notions of materialism. Keeping her distance from the near-obsessive focus on vulnerability, trauma, and melancholia in contemporary political thought, Braidotti promotes a politics of affirmation that has the potential to become its own generative life force.

Land Use in a Nutshell

Author: John R. Nolon,Patricia E. Salkin

Publisher: West Academic

ISBN: 9780314163714

Category: Business & Economics

Page: 410

View: 3063

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It reviews the common-law controls that were the underpinnings of modern land use regulations, and private law devices--such as covenants and restrictions--that continue to work together with government regulation to limit the use of private property. The Nutshell clearly explains the legal aspects of land planning and regulation, project review processes, and innovative and flexible regulatory devices. Subdivision and site plan regulation, local environment law, discrimination in zoning, regulatory takings and inverse condemnation, and community development practices are all explored. In addition, the book discusses the law of smart growth, and addresses current trends in land use law including the siting of renewable energy facilities. An appendix of internet-based resources is also provided. Law students will find that this Nutshell covers the key cases in all land use law textbooks, and seasoned practitioners and planners will find the organization and approach to dozens of subjec

Das Harvard-Konzept

Die unschlagbare Methode für beste Verhandlungsergebnisse - Erweitert und neu übersetzt

Author: Roger Fisher,William Ury,Bruce Patton

Publisher: DVA

ISBN: 3641234441

Category: Business & Economics

Page: 336

View: 5727

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Erweitert und neu übersetzt: mit aktuellen Verhandlungsbeispielen aus dem deutschsprachigen Raum Seit 35 Jahren ist »Das Harvard-Konzept« weltweit das Standardwerk zum Thema Verhandeln. Es hat uns gelehrt, nicht um Positionen zu feilschen, sondern sich auf Interessen zu konzentrieren und zwischen Menschen und Problemen stets zu trennen. So wird es möglich, dass Parteien zum beiderseitigen Vorteil verhandeln und Win-win-Situationen schaffen. Egal ob politische Konflikte, Vertrags- und Gehaltsverhandlungen oder Tarifgespräche – für alle Berufsgruppen hat das Harvard-Konzept die Art und Weise, wie wir verhandeln, Differenzen beilegen und Lösungen finden, für immer verändert. Der Klassiker ist um neue Fallstudien aus dem deutschsprachigen Raum erweitert und liegt jetzt erstmals gänzlich überarbeitet und in einer vollkommen neuen Übersetzung vor.

Contractual Dimensions in Construction

A Commentary in a Nutshell

Author: Chandana Jayalath

Publisher: iUniverse

ISBN: 1450274501

Category: Technology & Engineering

Page: 652

View: 3854

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Construction contractors must regularly wade through complicated contractual and technical issues. Claims and disputes can ruin a project or prevent it from even getting started. While many studies concentrate on case law imported from different jurisdictions, CONTRACTUAL DIMENSIONS IN CONSTRUCTION takes a practical approach that relies on quantity surveying. This approach enables all parties involved to establish and maintain fair agreements for a dispute free project delivery. With this guidebook, you will learn how to anticipate and avoid problems while concentrating on solutions. Topics covered include: Contract formation, existence, and invalidation Contract and pricing modalities Contract interpretation Attributes of contractual provisions Defaults and remedies Variations, claims and disputes Youll also learn about the duties, rights, and obligations of the parties to a contract, as well as the issues related to commencement, completion, extension, and damages. Examples and real-life scenarios make learning about the contractual process easy. CONTRACTUAL DIMENSIONS IN CONSTRUCTION is for all contract specialists, commercial managers, forensic delay analysts, quantity surveyors, cost engineers, and undergraduates studying construction and surveying related subjects. Those who are interested in para-legal functions related to construction may also find this book of value, as will students of engineering disciplines.

Civil Justice, Privatization, and Democracy

Author: Trevor C.W. Farrow

Publisher: University of Toronto Press

ISBN: 144269503X

Category: Law

Page: 400

View: 5936

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Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.