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2 books match the query 'Arbitration, Negotiation, Mediation'

cover of Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order

Dealing in Virtue

International Commercial Arbitration and the Construction of a Transnational Legal Order

Yves Dezalay and Bryant G. Garth

University of Chicago Press, 1996

In recent years, international business disputes have increasingly been resolved through private arbitration. The first book of its kind, Dealing in Virtue details how an elite group of transnational lawyers constructed an autonomous legal field that has given them a central and powerful role in the global marketplace.

Building on Pierre Bourdieu's structural approach, the authors show how an informal, settlement-oriented system became formalized and litigious. Integral to this new legal field is the intense personal competition among arbitrators to gain a reputation for virtue, hoping to be selected for arbitration panels. Since arbitration fees have skyrocketed, this is a high-stakes game. 

Using multiple examples, Yves Dezalay and Bryant G. Garth explore how international developments can transform domestic methods for handling disputes and analyze the changing prospects for international business dispute resolution given the growing presence of such international market and regulatory institutions as the EEC, the WTO, and NAFTA.
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cover of Race And Homicide In Nineteenth-Century California

Race And Homicide In Nineteenth-Century California

Clare V. McKanna

University of Nevada Press, 2007

Nineteenth-century California was a society in turmoil, with a rapidly growing population, booming mining camps, insufficient or nonexistent law-enforcement personnel, and a large number of ethnic groups with differing attitudes toward law and personal honor. Violence, including murder, was common, and legal responses varied broadly. Available now for the first time in paperback, Race and Homicide in Nineteenth-Century California examines coroners’ inquest reports, court case files, prison registers, and other primary and printed sources to analyze patterns of homicide and the state’s embryonic justice system. Author Clare V. McKanna discovers that the nature of crimes varied with the ethnicity of perpetrators and victims, as did the conduct and results of trials and sentencing patterns. He presents specific case studies and a vivid portrait of an unruly society in flux. Enhanced with testimony from contemporary sources and illustrated with period photographs, this study richly portrays a frontier society where the law was neither omnipotent nor impartial.

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