CommentsRethinking the Debunking: On Arbitration Myths, Preferences, and Legal Theory

Author(s):  
Jill Gross
Keyword(s):  

Early in her academic career, Professor Jean Sternlight identified and critiqued what she called the Supreme Court’s “preference for binding arbitration” over litigation. She published Panacea or Corporate Tool?: Debunking the Supreme Court’s Preference for Binding Arbitration in 1996 in an attempt to “debunk” that preference. This commentary engages in a Sternlightian exercise, assessing the success (or failure) of her own debunking. Ultimately, though her article did not alter the Court’s preference, it laid the groundwork for future scholars to infuse concepts of justice and fairness into the debate about mandatory arbitration....

2010 ◽  
Author(s):  
Thomas H. Carr ◽  
Linh Littleford ◽  
Patricia Puccio ◽  
Elizabeth Swenson ◽  
Robert Weis
Keyword(s):  

Author(s):  
Ю. М. Оборотов

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.


2019 ◽  
Vol 5 (2) ◽  
pp. 147-162

Academic career-making in the era of globalizing knowledge and a globalized knowledge enterprise is not only an individual undertaking but also a social process. It impacts individual academicians as they meet requirements, secure resources, find opportunities, follow procedures, and build structures to make their careers. It has consequences for society as it establishes institutions, opens markets, provides media, creates values, and enforces rules to connect individual academicians and their products to the larger social system. This paper explores academic careers, and career-making as knowledge and the knowledge enterprise become globally hegemonic. Specifically, it examines how academic career-making makes demands on individuals in the form of brainwashing, emotion rechanneling, life-simplifying, and social isolation. It also investigates how academic careers place constraints over individuality by way of socialization, massing, fashion, and lifestyle. Received 16th October2018; Revised 10th April 2019; Accepted 20th April 2019


1970 ◽  
Vol 1 (1) ◽  
pp. i-iv
Author(s):  
A K M A Islam

Journal of Scientific Research EDITORIAL Do we need a new journal? The answer lies in the fact that currently no international journal (online and print) with interdisciplinary character which specifically caters to the academic needs of the international community operates from Bangladesh. This journal aims to fill this lacuna and to be a bridge for the scientists from the east and the west. This is the first issue of the Journal of Scientific Research (JSR). The idea of launching a journal that hopes to publish quality scientific works was planted in early 2008 during a science faculty meeting at Rajshahi University. Now it is our pleasure to see the idea blossom into the first issue of first volume (1 January 2009) that contains scientific work not only of Asian regions but of much beyond that. The inaugural issue indicates the type of journal we hope to become. It is wide ranging and interdisciplinary. Our contributors include scholars at every stage of their academic career. As regards editorial policy and scope the Journal of Scientific Research is a peer-reviewed international journal originally intended for publication annually. But due to a satisfactory flow of manuscripts since the first announcements the publication frequency has now been increased to 3 online issues (one print volume) per year.The journal is a unifying force, going across the barriers between disciplines, addressing all related topics and materials. An international Editorial Board (along with an Advisory Board) comprising of renowned academics from various fields guides our editorial policy and direction. The journal is devoted to the publication of original research (research paper, review paper, short communication) covering the following fields:Section A:  Physical and Mathematical Sciences: Physics, Mathematics, Statistics, Geophysics, Computer, Environmental Science, Communications and Information Technology, Engineering and related branches.Section B:  Chemical and Biological Sciences: Chemistry, Biochemistry, Pharmacy, Biology, Genetics, Fisheries and related branches.The articles selected for the first issue have been reviewed by two discipline-specialists, and their recommendations have been appropriately incorporated. Submissions from the world research community are encouraged to fulfill our mission and aim for the journal to stand for the international scientific publishing standards.    It was clear during the planning and development of this first issue that the Asian region needs a forum through which research could be shared and acknowledged. I hope that this journal will soon be recognised by the wider research community as their forum for the dissemination of knowledge. We hope that the journal will not simply act as a place for publication of material, though obviously this is important, but should act as a catalyst for the advancement of science both within and outside the region.The journal is being published both online and in print. Online publishing, unique in nature, is faster and far less expensive than traditional hard copy publishing. Access of online journals is easier and better images, storage and multimedia are other advantages. I must thank the International Network for the availability of Scientific Publications (INASP) for helping us publish via BanglaJOL – and the help of Ms. Sioux Cumming in this regard is worthy of mention.The success of a journal depends on the quality of its Editorial Board and the reviewers. The effort that I have seen from them speaks well for the future of the new born journal.  Both the Editorial and Advisory Boards should deserve thanks for their indispensable advice and support during the planning phases of the journal. I should also thank the reviewers who contributed their valuable time to complete reviews within a reasonable time. I truly hope that the diversity contained in this first issue of the journal will be the hallmark of future issues. A K M A Islam email: [email protected]  website: www.banglajol.info/index.php/JSR           © 2009 JSR Publications. ISSN: 2070-0237 (Print); 2070-0245 (Online). All rights reserved.DOI: 10.3329/jsr.vlil.1703    


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