What\u27s It All About? Finding the Appropriate Problem Definition in Mediation

In this article, we propose four mechanisms to enable mediation participants to explore problems broadly and then to decide what problem definition is most appropriate for the mediation of their case: A three-step systematic method for determining the problem to be addressed; Two variations of a rule that could be adopted by courts (and private providers) that would require lawyers or mediators to implement this systematic way of working with problem definition; and A new rule under which a court (or private) mediation program would offer to customize any mediation in order to seek the most appropriate problem definition We offer these mechanisms here to stimulate a dialogue regarding the most effective and administrable approaches that could give parties-especially one-shot players-the opportunity to influence the focus of their mediation sessions

Course outline in English for grade nine and illustrative correlated units.

Units included: 1. Put your best foot forward, (Orientation). 2. High adventures. 3. All about you, (Autobiographies). 4. What's on the air? 5. Our town. 6. What's the news? 7. Getting yourself on paper, (Letter-writing). 8. Sidelines for you, (Hobbies). 9. Folk-lore of the south. Thesis (M.A.)--Boston Universit

What's the PREMES behind your pattern?

Design patterns are supposed to be the well documented, tried and tested solutions to recurrent problems. Current evaluation techniques do not provide a demonstrable and holistic means to evaluate pattern quality. This paper introduces Pattern Report Cards an evaluation process for software design patterns that is demonstrable, measurable, and reproducible. A set of quality indicators for determining pattern quality has been identified, and a set of qualitative and quantitative evaluation techniques assembled to determine the quality of adherence to these indicators. Further, management and execution of the evaluation process is controlled by the PREMES framework. This framework describes a management cycle that facilitates the construction of bespoke evaluation systems for design patterns. Process tailoring is achieved by providing guidance over the selection and construction of the techniques used to assess pattern quality. Use of these techniques will help bolster existing evaluation processes, and lead to the improvement of design pattern evaluation techniques.Postprin

Teaching Creative Problem Solving: A Paradigmatic Approach

This article presents a visual and descriptive model for teaching creative problem solving in the law school curriculum. After elaborating on the definition and significance of teaching creative problem solving to law students, the author describes her model and her teaching methods in clinical classes as well as law school courses

What's Cooking in Your Food System? A Guide to Community Food Assessment

Learn about Community Food Assessments, a creative way to highlight food-related resources and needs, promote collaboration and community participation, and create lasting change. This Guide includes case studies of nine Community Food Assessments; tips for planning and organizing an assessment; guidance on research methods and strategies for promoting community participation; and ideas for translating an assessment into action for change

The Role of Pressure Groups and Problem Definition in Crafting Legislative Solutions to the Opioid Crisis

Organized interest groups and federal administrative agencies have historically been influential in defining problem drug use during nationwide crisis. As such, the manner in which these pressure groups defined the problem may have influenced or, at least, provided support for legislators’ decisions to shy away from a criminal justice approach and towards acceptance of a more “health-oriented” — one that did not comprehensively address demand factors or demonstrate a commitment to reforming U.S. drug policy to meet international standards of best practice. In an effort to provide a snapshot of what such involvement may look like, this article explores the types of narratives used by pressure groups to define the opioid crisis in the congressional hearing discourse prior to the enactment of CARA. In order to do this, I analyzed 144 congressional hearing testimonies discussing the opioid crisis and identified the most common narratives used to explain the causes of the opioid crisis. I also identified the types of legislative proposals supported in these narratives

Shutting the Black Door: Using American Needle to Cure the Problem of Improper Product Definition

Section 1 of the Sherman Act is designed to protect competition by making illegal any agreement that has the effect of limiting consumer choice. To make this determination, courts first define the product at issue and then consider the challenged restraint\u27s impact on the market in which that product competes. When considering § 1 allegations against sports leagues, courts have tended to define products according to the structure of the leagues. The result of this tendency is that harm to competition between the leagues\u27 teams is not properly accounted for in the courts\u27 analyses. This, in turn, grants leagues a form of immunity to which they are not entitled under any statutory or doctrinal rule. In reaching this conclusion, this Note reviews the business structure of sports leagues and explains why they present such a difficult challenge for courts. It then examines a number of cases in which courts, struggling with those challenges, improperly defined the product according to league structure. For each case, the Note explains the mistake that was made and how that mistake granted leagues de facto immunity. This Note concludes by arguing that the Supreme Court\u27s recent decision in American Needle can serve as the impetus for correcting this mistake if courts broadly interpret the meaning of the case by looking to the logic that animates it

Shutting the Black Door: Using American Needle to Cure the Problem of Improper Product Definition

Section 1 of the Sherman Act is designed to protect competition by making illegal any agreement that has the effect of limiting consumer choice. To make this determination, courts first define the product at issue and then consider the challenged restraint\u27s impact on the market in which that product competes. When considering § 1 allegations against sports leagues, courts have tended to define products according to the structure of the leagues. The result of this tendency is that harm to competition between the leagues\u27 teams is not properly accounted for in the courts\u27 analyses. This, in turn, grants leagues a form of immunity to which they are not entitled under any statutory or doctrinal rule. In reaching this conclusion, this Note reviews the business structure of sports leagues and explains why they present such a difficult challenge for courts. It then examines a number of cases in which courts, struggling with those challenges, improperly defined the product according to league structure. For each case, the Note explains the mistake that was made and how that mistake granted leagues de facto immunity. This Note concludes by arguing that the Supreme Court\u27s recent decision in American Needle can serve as the impetus for correcting this mistake if courts broadly interpret the meaning of the case by looking to the logic that animates it