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Dispute Resolution Following Airplane Crashes by Elizabeth M. King,Rand Corporation Pdf
This report summarizes results of legal actions that claimants pursued to recover their losses in major aviation accidents. In particular, it attempts to determine why some cases settle early and others do not. The authors describe the elements that distinguish air-crash litigation. They discuss the simple correlation between economic loss suffered and litigation process pursued, the theory behind the empirical models, and the operational definition of the empirical variables. The analysis indicates that, where large losses to survivors were involved, claimants were more likely to sue, to go to trial, and to have longer time to closure, indicating that the stakes are important in determining which cases make greater demands on the tort system.
Report to the Congress from the Presidential Commission on Catastrophic Nuclear Accidents by United States. Presidential Commission on Catastrophic Nuclear Accidents Pdf
Executive Summaries of the Aviation Accident Study by Anonim Pdf
In 1985, RAND's Institute for Civil Justice undertook a detailed study of aviation accident litigation in the United States. This report summarizes the resulting four detailed study reports. It describes the characteristics of the decedents and the litigation, and provides data on compensation paid, litigation costs, and economic losses suffered. The report compares the economic losses and transactions costs with the amount of compensation paid. The findings indicate that airlines and other defendants compensated victims' survivors for less than half of their average economic loss. The findings also indicate that aviation accident litigation has higher transactions costs than tort litigation in general, but a lower ratio of transactions costs to total expenditures.
Dispute Resolution by Stephen B. Goldberg,Frank E.A. Sander,Nancy H. Rogers,Sarah Rudolph Cole Pdf
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. Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition Provides overviews, critical examinations, and analyses of the application of ADR’s three main processes for settling legal disputes without litigation— negotiation, mediation, and arbitration—and issues raised as these processes are combined, modified, and applied. This casebook challenges students to develop new processes and applications and provides them tools to master the legal issues facing lawyers who utilize the major dispute resolution processes. this book also assists students in building the skills a modern lawyer needs to represent clients in these critical processes. New to the Seventh Edition: New materials and exercises on legislative negotiation and causes and suggestions for remedying Congressional gridlock in negotiating legislative solutions to national problems. (First treatment of this issue in any law school negotiation/dispute resolution teaching book.) Negotiation simulations in which students play the roles of members of Congress and state legislators. Additional treatment of developing online dispute resolution processes. Expansion of dispute systems design materials to include community disputes. New materials designed to help students understand the mediation privilege, including a “debate” about the policy choices implicit in it and more depth on both the Uniform Mediation Act and the California mediation privilege experiences. Addition of multiple new Supreme Court arbitration cases, including American Express Company. v. Italian Colors Restaurant, Oxford Health Plans LLC v. Sutter, and Epic Systems, Inc. v. Lewis, addressing the continuing viability of the vindication of rights doctrine in arbitration, judicial review of an arbitrator’s decision to order a class action arbitration, and whether the NLRA should be interpreted to preclude employers from using class action waivers in agreements with their employees. Additional discussion of 2018-19 Supreme Court arbitration cases, including New Prime, Inc. v. Oliveira and Lamps Plus Inc. v. Varela. Consideration of the #Metoo movement and its impact on arbitration agreements and confidentiality in dispute resolution processes. Discussion of state and federal legislation addressing the use of arbitration for sexual harassment claims, including federal legislation like the End Forced Arbitration of Sexual Harassment Act bill. Substantial reorganization of the chapters on mediation, arbitration, and their variants, so that when students arrive at the new Chapter 8, Representing a Client in ADR (formerly Representing a Client in Mediation), the student is capable, as the modern lawyer should be, of representing a client in all ADR processes. The new emphasis is on facing the future. In addition to learning about ADR responses to existing matters, the student is challenged to put that learning to use in applying current ADR procedures to newly-developing issues, and in developing new processes when existing ones do not meet the client’s needs. Professors and students will benefit from: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice A distinguished and experienced author team A direct and accessible writing style A wealth of simulations (both classic and new) and questions throughout Simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques Strong coverage of mediation
Costs and Compensation Paid in Aviation Accident Litigation by James S. Kakalik Pdf
Based on a review of more than 2,000 U.S. airline aviation accident death cases from 1970 to 1984, this report describes the characteristics of the decedents and compares the compensation paid to their survivors with the levels of economic loss they suffered. The study found that the plaintiffs received 71 percent in net compensation, and 29 percent went for transactions costs. The findings indicate that airline accident litigation has higher transactions costs, but a lower ratio of transactions costs to total expenditures than tort litigation in general.
Economic Loss and Compensation in Aviation Accidents by Elizabeth M. King,James P. Smith,Rand Corporation Pdf
This report considers wrongful-death litigation resulting from aviation accidents. It compares benchmark measures of economic loss and loss to survivors with the compensation that beneficiaries actually received. The findings indicate that for the years under study, the tort system did not fully compensate survivors for the losses they suffered from air accidents; similarly harmed individuals were not treated the same; compensation paid through the tort system does not significantly add to safety incentives; and compensation and recovery rates have risen dramatically over the years under study.
Antisocial Behavior in Organizations by Robert A. Giacalone,Jerald Greenberg Pdf
This intriguing new volume provides an understanding of the various forms of antisocial behavior in the workplace and how they can be identified and managed--if not prevented altogether. Antisocial Behavior in Organizations includes analysis of the role of frustration in antisocial behavior, and discusses issues such as employee revenge, aggression, lying, theft, and sabotage. Whistle blowing, litigation, and claiming are also explored as types of behavior that may be considered antisocial even though their stated goal is perhaps prosocial. The book concludes by making connections between antisocial behavior and organizational climate--addressing the need for modification in the workplace to reduce antisocial behavior. Academics, students, and practitioners in the fields of management, industrial/organizational psychology, sociology, social psychology, legal studies and criminal justice will appreciate this collection of original essays written by well-respected experts.
"In 1985, RAND's Institute for Civil Justice undertook a detailed study of aviation accident litigation in the United States. The study covered the general character of aviation accident litigation; reviewed the underlying principles and procedures used to compute the economic loss associated with individual decedents; described the characteristics of the decedents and compared the compensation paid to their survivors with the levels of economic loss they suffered; and analyzed the legal and economic determinants of the litigation decisions that plaintiffs and defendants faced. This Note contains the forms used to compile the data used in the various analyses.
Commercial Dispute Resolution in China by Wolters Kluwer Hong Kong,Beijing Arbitration Commission / Beijing International Arbitration Center Pdf
2020 marked a remarkably unusual year for all, tough and impressive enough. Along with the prevalence of COVID-19 and the deepening of economic globalization, work and production in China were resumed in an orderly manner, bringing positive economic growth against the trend. In this context, commercial dispute resolutions in China were faced with new challenges and endured new reforms while embracing new developments. The promulgation of new laws and regulations in 2020, including the Civil Code of the People’s Republic of China and the Supplementary Arrangements on Mutual Implementation of Arbitral Awards in Mainland China and Hong Kong Special Administrative Region, has elevated the arbitration system to a higher level. Arbitration institutions such as the Beijing Arbitration Commission/Beijing International Arbitration Center (hereinafter referred to as “BAC/BIAC”) carried out anti-pandemic measures in a timely manner to ensure the well-functioning of the arbitration procedures. Meanwhile, China’s judicial supervision on arbitration and arbitration disclosure have undergone impressive developments. In 2020, the procedural standards of commercial mediation were further optimized, and commercial mediation institutions continued to expand and grow, while the number of mediation cases increased steadily. The “one-stop” diversified dispute resolution system was fully advanced, and the systems of litigation-mediation and arbitration-mediation have been constantly improved. Online mediation mechanism was rapidly developed in response to the new norms of pandemic prevention and control. Sino-foreign joint mediation mechanism has been gradually established, and international commercial mediation rules and systems are continuously refined. While rolling out countermeasures in full scale to mitigate impacts of pandemic, China achieved some eye-catching accomplishments in terms of legal system development and dispute resolution practices in 2020. To present an in-depth and systematic report on the 2020 practices and developments in the aforementioned fields, BAC/BIAC has called upon industry experts to contribute to the Annual Review and Preview of Commercial Dispute Resolution in China (2021) (“2021 Annual Review”), and released it in both Chinese and English to facilitate a better understanding of the status quo of China’s commercial dispute resolutions among interested parties at home and abroad. The 2021 Annual Review is compiled based on the following principles: First, focus on the state of the art. The 2021 Annual Review strives to showcase the latest developments in relevant industries and the leading trends in legal systems and judicial practices. It selected annual hot topics for in-depth analysis, aiming to deliver timely observations and cutting-edge contents while providing detailed information thereof. Second, focus on consistency and systematises. By inheriting previous compilation rules, the 2021 Annual Review presents an annual overview of various industries, crucial laws and policies, typical cases, analyses of heated issues and prospects, such that the readers are able to grasp the practices and developments of key industries from a multi-angle, holistic perspective. Third, focus on practicability. The 2021 Annual Review pays attention to the pragmatic value in order to help commercial entities improve their abilities of risk prevention and dispute resolution. The Editorial Committee is composed of seasoned professionals who deliver observations and opinions based on their rich experience on the industry’s frontline, providing practical references for the readers.
From Conflict Resolution to Peacebuilding by Charles Hauss Pdf
From Conflict Resolution to Peacebuilding is designed to introduce students to the key concepts of conflict resolution from a real world perspective. Covering both micro and macro sites of conflict, it offers ways to resolve conflicts at all levels from the interpersonal to the international. Starting with the notion that conflict is a fact of life but peacebuilding is not, this text analyzes protracted conflicts and “wicked problems” and also tackles the harder task of how to resolve conflict and build peace. Hauss’ approach to peace and conflict studies is deeply personal and richly informed. Based on a strong research base and decades of experience in the field, the book offers new paradigms for considering the intractable conflicts in our world. Each chapter provides real world examples, stories, and cases that illustrating practical work at both the grass roots and elite levels. In a world where conflict seems to be on the rise at home and abroad, this text provides students with the tools to deal with conflict constructively in their daily lives, as citizens, and as future professionals in the growing field of conflict resolution. Features: Full suite of textboxes for study and application Key terms and references for further reading Conflict labs to help students apply concepts to real world situations “Out on a Limb” boxes ask readers to consider bold new ideas and paradigm shifts for analyzing conflict and building peace A dynamic range of open access instructor and student resources can be found at the author’s website: www.chiphauss.info, including: Videos of interviews Curated web links Updates on breaking news Author’s weekly blog Reviews of new books, documentaries, and other publications A discussion forum in which students and faculty members can interact with each other and with the author on issues of their choosing Regular video “office hours” with the author
The critics unanimously agree that brilliant, award-winning reporter and bestselling author Steven Brill has written a powerful and sweeping narrative of the country in the first year of the September 12 era. As "the pages flutter" -- marvels one critic -- "in a race to learn the rest of the story we thought we knew so well," Brill takes us from the White House Situation Room to the living rooms of victims' families, from courtrooms to boardrooms, from border crossings to airport tarmacs. We watch as a Customs inspector struggles to protect New York harbor from a dirty bomb; a storekeeper at Ground Zero rebuilds his shoe repair shop; a Silicon Valley entrepreneur lobbies to get his baggage screening systems into every airport; Homeland Security Director Tom Ridge battles the bureaucratic minefields of Washington; a New Jersey widow struggles to help her three children cope with the loss of their father; and John Ashcroft seizes the moment to become the most powerful and controversial attorney general in a generation, while the head of the ACLU tries to block him. The result is a gritty narrative -- and trailblazing journalism -- that inspires us all as it tells the real story of how Americans moved to defend and rebuild their lives and their country.
