Mediation in a Nutshell

Author: Kimberlee K. Kovach

Publisher: West Academic

ISBN: 9780314264589

Category: Law

Page: 355

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This Nutshell offers a comprehensive, yet concise, examination of most of the issues, concerns, and policy matters faced by those currently studying or practicing mediation. Subject matters include controversial issues such as what it means to participate in mediation, the extent and limits of confidentiality in mediation and the regulation of the ?profession? of mediation. Each chapter contains a bibliography and list of leading cases on the subject. Mediation in a Nutshell is an up-to-date compilation of developments in mediation practice, and also includes coverage of the New Uniform Mediation Act. The scope of coverage combines with succinctness to make this an excellent quick reference tool for mediators, parties to mediation, lawyers who represent clients in mediation, judges, and court and program administrators.

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: 2349

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The inspiring idea of this workshop series, Artificial Intelligence Approaches to the Complexity of Legal Systems (AICOL), is to develop models of legal knowledge, concerning organization, structure and content, in order to promote mutual understanding and communication between different systems and cultures. Complexity and complex systems describe recent developments in AI and law, legal theory, argumentation, the Semantic Web, and multi-agent systems. The aim of the AICOL workshops is thus to offer effective support for the exchange of knowledge and methodological approaches between scholars from different scientific fields, by highlighting their similarities and differences. The comparison of multiple formal approaches to the law (such as logical models, cognitive theories, argumentation frameworks, graph theory, game theory), as well as opposite perspectives like internal and the external viewpoints, this volume stresses possible convergences, as, for instance, are possible in the realms of conceptual structures, argumentation schemes, emergent behaviors, learning evolution, adaptation, and simulation. This volume assembles 15 thoroughly refereed and revised papers, selected from two workshops organized at the XXIV World Congress of Philosophy of Law and Social Philosophy (IVR, Beijing, China, September 15-20, 2009) and at JURIX-09 (December 16-19, 2009, Rotterdam). The papers are organized in topical sections on language and complex systems in law, ontologies and the representation of legal knowledge, argumentation and logics, as well as dialogue and legal multimedia.

California Civil Procedure in a Nutshell

Author: William R. Slomanson

Publisher: West Academic

ISBN: 9780314187963

Category: Law

Page: 359

View: 3557

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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: 9986

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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.

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: 6513

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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: 6205

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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 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: 630

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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.

The Fugitive Identity of Mediation

Negotiations, Shift Changes and Allusionary Action

Author: Debbie De Girolamo

Publisher: Routledge

ISBN: 1134075189

Category: Law

Page: 264

View: 4070

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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.

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: 1768

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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: 384

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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.

Contractual Dimensions in Construction

A Commentary in a Nutshell

Author: Chandana Jayalath

Publisher: iUniverse

ISBN: 1450274501

Category: Technology & Engineering

Page: 652

View: 8168

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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

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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.

Concepts and Society (RLE Social Theory)

Author: Ian C. Jarvie

Publisher: Routledge

ISBN: 1317652010

Category: Social Science

Page: 228

View: 881

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The main concern of Dr Jarvie’s book is the relation of belief to action. He argues that people act in society because of beliefs, because of ‘the way they see things’. There is the world of physical and social conditioning – where fixed roles, tropisms, adaptations seem to operate; there is the world of mind – where action, alternatively, seems to originate; but then there is Karl Popper’s ‘third world’ – where dwell the objects of thought (ideals, theories, beliefs, values) which ‘directly affect how people act, and thus affect the way the world is’. Reform, change, improvement, modification, all proceed from the competitive interaction between our private beliefs about the world, and their ‘third world’ brothers. Jarvie contends that the struggle of privately held beliefs to realize themselves in the world through the actions of their believers is a fundamental force behind social change.

Workers in America: A Historical Encyclopedia [2 volumes]

Author: Robert E. Weir

Publisher: ABC-CLIO

ISBN: 1598847198

Category: History

Page: 920

View: 8251

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This encyclopedia traces the evolution of American workers and labor organizations from pre-Revolutionary America through the present day. • Suggested reading for each entry, including both print and online resources • A chronology of important labor highlights • 350 entries covering key topics

Living in Posterity

Essays in Honour of Bart Westerweel

Author: Jan Frans van Dijkhuizen

Publisher: Uitgeverij Verloren

ISBN: 9789065508393

Category: Art

Page: 365

View: 6795

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Living in Posterity, presented to Bart Westerweel on his retirement as Professor of Early Modern English literature at the University of Leiden, brings together thirty-nine essays on a wide variety of subjects and themes. The contributors, scholars from the Netherlands end abroad, have drawn inspiration from the many dualities that are characteristic of Westerweel's work, such as word/image, Anglo/Dutch, familiar/other, traditional/modern, and form/function. The result is a colourful mosaic of essays on history, culture, art and literature from the first century to the modern era. The binding theme of this richly diverse book lies in the idea of the continuity between the past and the present, the cohesion between what was and what is. As such, Living in Posterity is part of the larger project of the humanities to engage sympathetically with the past - to speak with the dead and keep history alive.

Constructive Interventions

Paradigms, Process and Practice of International Mediation

Author: Lars Kirchhoff

Publisher: Kluwer Law International B.V.

ISBN: 9041126856

Category: Law

Page: 354

View: 723

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In the contemporary discipline of conflict resolution, adjudication and alternative dispute resolution (ADR) are often seen as antagonistic trends. This important book contends that, on the contrary, it is the bringing together of these trends that holds the most promise for an effective system of international justice. With great insight and passion, built firmly on a vast knowledge of the field, Lars Kirchhoff exposes the contemporary structural barriers to effective conflict resolution, defining where adjudication ends and ADR--and particularly the recent development of mediated third party intervention from an 'art' to a veritable 'science'--must come into play. The work starts by defining the challenges, potentials and shortcomings of different approaches to conflict resolution in an interdependent world--where the multiplicity of actors, topics and interests involved even in seemingly bilateral conflict situations is clearly manifest--and goes on to define useful models and connect the various elements relevant for the resolution of conflicts in a transparent way. In the course of its investigation the book accomplishes the following: * illustrates the various departure points and perspectives scholars of conflict resolution have taken as the basis for their work; discusses who should become involved in conflicts as a third party and by which techniques this should occur; systematically conveys the nature and consequences of intervention through mediation, focusing on the method's critical challenges; and clarifies the particular model of international mediation under development through UN initiatives. In approaching these intertwined topics, the author draws concrete conclusions for the realms of international law and related disciplines as well as for the organizational context of the United Nations. He explores such diverse scenarios as conflicts between States, conflicts involving international organizations, and--in accordance with the changing parameters of international law--even conflicts involving individuals, clarifying which constellations can be tackled by international mediation and which conflicts should be dealt with by other forms of diplomacy or adjudication. It is the conviction of many intermediaries and scholars that the considerable potential inherent in resolving conflicts peacefully is rarely put into practice. Although some of the reasons for this phenomenon are beyond the influence of scholarly debate, in many instances the reasons for failure of peaceful resolution processes are more structural or systemic in nature. It is the great virtue of this book that it establishes enough clarity in an unclear and complex field to make concrete and workable recommendations in these instances, and for that reason it will be of immeasurable value and benefit to all scholars, policymakers, and activists dedicated to the pursuit of peace.