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Dispensing with the Truth: The Victims, the Drug Companies, and the Dramatic Story Behind the Battle over Fen-Phen
by Alicia MundySemi-finalist for the Robert F. Kennedy Memorial Book AwardIn 1996, a terrible epidemic began killing young American women. Some died quickly, literally dropping in their steps. Others took more time, from a few months to a few years. Those who weren't killed suffered damage to their lungs and hearts, much of it permanent and reparable only with major surgery. Doctors suspected what the killer was. So did the Food and Drug Administration. The culprits were the two most popular diet drugs in the United States, Pondimin, one-half of the popular drug combination Fen-Phen, and Redux, a stronger version of Pondimin. They were also two of the most profitable drugs on the market, and both were produced and sold by a powerful pharmaceutical company, Wyeth-Ayerst, a division of American Home Products. Dispensing the Truth is the gripping storry of what the drug really knew about its drugs, the ways it kept this information from the public, doctors, and FDA, and the massive legal battles that ensued as victims and their attorneys searched for the truth behind the debacle.It tells the story of a healthy young woman, Mary Linnen, who took the drugs for only twenty-three days to lose weight before her wedding, and then died in the arms of her fiance a few months later. Hers was the first wrongful-death suit filed amd would become the most important single suit the company would ever face.Alicia Mundy provides a shocking and thoroughly riveting narrative. It is a stark look at the consequences of greed and a cautionary tale for the future.
Displacement City: Fighting for Health and Homes in a Pandemic
by Shawn MicallefIn Displacement City, outreach worker Greg Cook and street nurse Cathy Crowe present the stories of frontline workers, advocates, and people living without homes during the pandemic. The book uses prose, poetry, and photography to document lived experiences of homelessness, responses to the housing crisis, efforts to fight back for homes, and possible solutions to move Toronto forward. Contributors provide particular insight into policies affecting Indigenous peoples and how the legacy of colonialism and displacement reached a critical point during the pandemic. Offering rich stories of care, mutual aid, and solidarity, Displacement City provides a vivid account of a humanitarian disaster.
The Disposable American
by Louis UchitelleUchitelle (The New York Times) traces the rise and fall of job security in the United States and its impact on the American economy and society. True to his journalistic background, he switches his lens back and forth between telescopic discussions of wide historical trends and economic and societal processes to focusing in on the individual experiences of individual workers and companies. Arguing that the current situation is harmful to individuals and the wider society, he ends his book with recommendations of legislation that can minimize and mitigate corporate layoffs. Annotation ©2006 Book News, Inc. , Portland, OR (booknews. com)
Disposal of Surplus Plutonium at the Waste Isolation Pilot Plant: Interim Report
by Engineering Medicine National Academies of SciencesDisposal of Surplus Plutonium at the Waste Isolation Pilot Plant: Interim Report evaluates the general viability of the U.S. Department of Energy’s National Nuclear Security Administration’s (DOE-NNSA’s) conceptual plans for disposing of 34 metric tons (MT) of surplus plutonium in the Waste Isolation Pilot Plant (WIPP), a deep geologic repository near Carlsbad, New Mexico. This report evaluates DOE-NNSA’s plans to ship, receive, and emplace surplus plutonium in WIPP and its understanding of the impacts of these plans on WIPP and WIPP-bound waste streams. This report, the first of two to be issued during this study, provides a preliminary assessment of the general viability of DOE-NNSA’s conceptual plans, focusing on some of the barriers to their implementation.
Dispute Management
by Pauline Collins Dalma Demeter Susan DouglasDispute management processes are becoming the norm as a precursor, or an alternative, to traditional court-based litigation. Dispute Management is a clear and concise introduction to an expansive range of dispute processes. Beginning with communication theory and practice, and the historical, philosophical and cultural considerations of dispute management, the book then addresses the traditional topics of negotiation, mediation and litigation, as well as interviewing, collaborative law and arbitration. Each topic is well-researched, offering the necessary depth, socio-legal considerations and balanced coverage of theory and practice. Chapters address relevant ethical and cultural issues and is supported by array of interesting examples that promote discussion. Case studies at the end of each chapter link theory to practice and present disputes between neighbours, conflict in the workplace and cases that make it to trial. Offering a combination of theoretical insights and practical information Dispute Management is a vital resource for students, lawyers and dispute practitioners.
Dispute Processes: ADR and the Primary Forms of Decision-making (Law in Context)
by Michael Palmer Simon RobertsThis wide-ranging study considers the primary forms of decision-making – negotiation, mediation, umpiring, as well as the processes of avoidance and violence – in the context of rapidly changing discourses and practices of civil justice across a range of jurisdictions. Many contemporary discussions in this field–and associated projects of institutional design–are taking place under the broad but imprecise label of Alternative Dispute Resolution (ADR). The book brings together and analyses a wide range of materials dealing with dispute processes, and the current debates on and developments in civil justice. With the help of analysis of materials beyond those ordinarily found in the ADR literature, it provides a comprehensive and comparative perspective on modes of handling civil disputes. The new edition is thoroughly revised and is extended to include new chapters on avoidance and self-help, the ombuds, Online Dispute Resolution and pressures of institutionalisation.
Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes
by Stephen B. Goldberg Frank E. A. Sander Nancy H. Rogers Sarah Rudolph ColeDispute 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.
Dispute Resolution: Beyond the Adversarial Model (Second Edition)
by Lela Porter Love Andrea Kupfer Schneider Jean R. Sternlight Carrie J. Menkel-MeadowThis comprehensive, sophisticated examination of the current state of ADR incorporates four key aspects for each of the Negotiation, Mediation, Arbitration, and Hybrid dispute resolution processes: the theoretical framework defining the process, the skills needed to practice it, the ethical issues implicated in its use, and the legal and policy analyses relevant to the process. This thorough and rigorous approach results in a casebook that is both up-to-date and provocative. The book immerses students in the dispute resolution experience: comprehensive, current coverage of all key areas of ADR, with a rich range of timely cases and readings a distinguished, author team, each member a leader in dispute resolution practice and scholarship, making full use of each member's experience and accomplishments in teaching, field work, policy making, and standards drafting a practical approach to problem solving that engages students as active participants in resolving human and legal problems and uses individual or combined resolution processes in varying gender, race, and cultural contexts separate chapters addressing international and multi-party dispute resolution, providing thorough, comprehensive treatment of these important, high-interest contexts and applications Instructors will appreciate these valuable teaching devices: readings balance theory and theory-in-use through cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory materials that illuminate the difficulty of balancing rules and laws with the economic and emotional constraints inherent in disputes challenging readings representing a wide range of perspectives, among them, Gilligan's feminist In Another Voice; Fisher, Ury, and Patton's Getting to Yes; Raiffa's Art and Science of Negotiation; and Machiavelli's The Prince key cases, including Gilmer v. Interstate/Johnson Lane Corp. and Folb v. Motion Picture Industry Pension & Health Plans an exceptionally useful Teacher's Manual, containing information on ADR careers and training; teaching notes; sample role-plays, simulations, and other exercises; recommendations for supplemental materials (such as videos and transcripts); and examination and paper suggestions for each chapter An author website to support classroom instruction using this title is available at http://www. aspenlawschool. com/menkel-meadow
Dispute Resolution and Social Governance in Digital China
by Jieren HuBased on in-depth field research conducted in China between 2019 and 2023, this book raises a concept of “rightful control” and demonstrates a new means of dispute resolution used by the Chinese Communist Party (CCP) through digital technology and its impact on state-society relations.The author argues that when rightful control relies more on means beyond law and policy, it not only fails to construct an image of a responsible state but also leads to the counterproductive result of creating new conflicts that may bring social instability and threaten regime legitimacy. The study explains why digital technology could only perform a limited role in strengthening social control, which adds a new dimension to state-society relations in China from the perspective of digital governance.The book will attract researchers and students studying law, political science, and sociology, and government personnel who focus on digital governance.
Dispute Resolution in China: Litigation, Arbitration, Mediation and their Interactions
by Weixia GuChina's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.
Dispute Resolution in China, Europe and World (Ius Gentium: Comparative Perspectives on Law and Justice #79)
by Lei Chen André JanssenThis book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book’s final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).
Dispute Resolution in Sport: Athletes, Law and Arbitration (Ethics and Sport)
by David McArdleAn increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the processes and benefits of sportspecific arbitration as compared to litigation. The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel and important national-level bodies, and their relationship with national and international-level actors such as the IOC, WADA and the European Union. It also examines in detail the legal frameworks within which sports arbitration systems operate, considers their similarities with other arbitral bodies and considers the extent to which ADR in sport can be seen as a consequence of, and perhaps a solution to, the ‘juridification’ of sports. Offering a theoretical basis with which to understand the relationship between arbitration and litigation, as well as providing guidance on key contemporary issues and best practice, this book is important reading for students, researchers and practitioners working in sports law, sports management and administration, sports politics, sports ethics, and international organisation.
Dispute Resolution Mechanism for the Belt and Road Initiative
by Guiguo Wang Yuk-Lun Lee Mei-Fun LeungThis book examines resolution of the disputes between both sides of Belt and Road economic cooperation. To address the problems surrounding legal guarantee and dispute resolution, the International Academy of the Belt and Road has gathered almost 50 experts from over 30 Belt and Road countries and regions to utilize current advances in the dispute resolution mechanism, taking into account the legal systems, legal environment and historical and cultural characteristics of Belt and Road countries and regions. The dispute resolution mechanism presented advocates giving priority to mediation when a dispute arises—arbitration is necessary only when mediation is ineffective. In addition, arbitration should be highly transparent, show respect to both contracting parties, and be equipped with an appeal system. This hands-on book offers detailed explanations of mediation rules, arbitration rules and appeal procedures. On the one hand, this mechanism embodies the integration of the cultures, traditions, legal systems, legal values and legal thoughts of Belt and Road countries and regions. On the other hand, it highlights the importance of mediation, which not only is the idea of oriental culture carrying forward traditional Chinese culture, but also follows the trend of dispute resolution. As a result, the dispute resolution mechanism established in this book is beneficial to the development of the Belt and Road Initiative.
Dispute Resolution within Africa: A Journey Forward
by Rashri Baboolal FrankThe main topic is dispute resolution within specific Africa countries, and the journey of Africa becoming a global leader as the seat of dispute resolution, focusing on the mechanisms of mediation, arbitration, conciliation and negotiation. In international commercial transactions, it is inviolable that disputes arise, and the commercial contracts provide for a med-arb clause, and parties go to private forums to resolve the dispute. Negotiation becomes a key tactic embedded into the mediation techniques and style adopted, to ensure success of proceedings. If mediation fails then arbitration is the last stage to determine the finality of the dispute, when an award is given after hearing evidence, this final award is not appealable. The journey of Africa being a global leader encouraged partnerships with internationalinstitutions, practices and trends, but it is a journey that is necessary to overtake the European and American seats. This book provides scholars with the opportunity to navigate the journey of Africa becoming a main seat for dispute resolution and a leader in the international realm of alternative dispute resolution.
Dispute Settlement at the WTO
by Ricardo Meléndez-Ortiz Gregory C. ShafferThis examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.
Dispute Settlement in the World Trade Organization: Practice and Procedure
by David Palmeter Petros C. Mavroidis Niall MeagherThe WTO dispute settlement process has evolved in recent years into one of the most successful, yet complex, systems of international arbitration. In this extensively revised new edition of Palmeter, Mavroidis, and Meagher's authoritative book on WTO dispute settlement, the authors provide a comprehensive overview of each step of the WTO dispute settlement process, examining both the history of the system, the governing legal rules, and the more informal procedural aspects of the process in detail. This edition takes into account the jurisprudence of panels and the Appellate Body up to the end of 2020 and includes an analysis of the current crisis in the WTO Appellate Body. This volume is an essential tool for practitioners, diplomats, government lawyers, and students of WTO law and should equally be of interest to students of other forms of international arbitration.
Dispute Settlement Reports 2015: Volume 1, Pages 1–576 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 1 reports on United States - Countervailing Duty Measures on Certain Products from China (WT/DS437).
Dispute Settlement Reports 2015: Volume 10, Pages 5131-5650 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. They are an essential addition to the library of all practicing and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 10 reports on United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products - Recourse to Article 21.5 of the DSU by Mexico (WT/DS381).
Dispute Settlement Reports 2015: Volume 11, Pages 5651-6110 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. DSR 2015: Volume 11 reports on: United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products - Recourse to Article 21.5 of the DSU by Mexico (WT/DS381), United States - Countervailing Duty Measures on Certain Products from China - Arbitration under Article 21.3(c) of the DSU (WT/DS437/16), United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam - Arbitration under Article 21.3(c) of the DSU(WT/DS429/12), Peru - Additional Duty on Imports of Certain Agricultural Products - Arbitration under Article 21.3(c) of the DSU (WT/DS457/15) and United States - Certain Country of Origin Labelling (COOL) Requirements - Recourse to Article 22.6 of the DSU (WT/DS384, WT/DS386).
Dispute Settlement Reports 2015: Volume 2, Pages 577–1268 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 2 reports on Argentina - Measures Affecting the Importation of Goods (WT/DS438, WT/DS444, WT/DS445).
Dispute Settlement Reports 2015: Volume 3, Pages 1269–1722 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 3 reports on United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam (WT/DS429).
Dispute Settlement Reports 2015: Volume 4, Pages 1723–2456 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 4 reports on United States - Certain Country of Origin Labelling (COOL) Requirements (Recourse to Article 21.5 of the DSU by Canada and Mexico) (WT/DS384, WT/DS386).
Dispute Settlement Reports 2015: Volume 5, Pages 2457–3114 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 5 reports on India - Measures Concerning the Importation of Certain Agricultural Products (WT/DS430).
Dispute Settlement Reports 2015: Volume 6, Pages 3115–3564 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 6 reports on Ukraine - Definitive Safeguard Measures on Certain Passenger Cars (WT/DS468) and Peru - Additional Duty on Imports of Certain Agricultural Products (WT/DS457).
Dispute Settlement Reports 2015: Volume 7, Pages 3565–4082 (World Trade Organization Dispute Settlement Reports)
by World Trade OrganizationThe Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practicing and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2015: Volume 7 reports on Peru - Additional Duty on Imports of Certain Agricultural Products (WT/DS457) and China - Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States (Recourse to Article 21.5 of the DSU by the United States) (WT/DS414).