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Settling Cultural Property Disputes

Settling Cultural Property Disputes

... the discovery intensive nature of cultural property disputes, it may be years before these cases reach trial. 3 6 Unless the court process is stayed pending negotiation[r] ...

39

Alternative Dispute Resolution in Cultural Property Disputes: Merging Theory and Practice

Alternative Dispute Resolution in Cultural Property Disputes: Merging Theory and Practice

... Cultural Property Disputes,” by Maria Shehade and Kalliopi Fouseki, focuses on the role of politics as an affecting parameter during the negotiation for the resolution of cultural property ...

13

Rethinking Deference: How the History of Church Property Disputes Calls Into Question Long Standing First Amendment Doctrine

Rethinking Deference: How the History of Church Property Disputes Calls Into Question Long Standing First Amendment Doctrine

... It is our view, as a matter of law and history, that Watson was a short- sighted decision made by a politicized court controlled by justices with fervent religious views. We argue that Watson grossly distorted legal and ...

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The Politics of Culture and the Culture of Politics: Examining the Role of Politics and Diplomacy in Cultural Property Disputes

The Politics of Culture and the Culture of Politics: Examining the Role of Politics and Diplomacy in Cultural Property Disputes

... cultural property disputes for political reasons in the wider context of interna- tional ...Such disputes are multifaceted and complicated, touching upon many interrelated issues, and so it is ...

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Taking the Religion out of Religious Property Disputes

Taking the Religion out of Religious Property Disputes

... Wolf; the Supreme Court indi- cated that states have a legitimate interest in providing a civil forum for the peaceful resolution of church property disputes while being mindful of reso[r] ...

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Here Is the Church, Now Who Owns the Steeple?  A Revised Approach to Church Property Disputes

Here Is the Church, Now Who Owns the Steeple? A Revised Approach to Church Property Disputes

... church property disputes so long as it involves no consideration of doctrinal matters, whether the ritual and liturgy of worship or the tenets of ...

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Euro-Korean Perspectives on the Use of Arbitration and ADR Mechanisms for Solving Intellectual Property Disputes

Euro-Korean Perspectives on the Use of Arbitration and ADR Mechanisms for Solving Intellectual Property Disputes

... In view of the remarkable experience gained by Korea in the development of innovative solutions for resolving intellectual property disputes outside of the court room, the aim of this [r] ...

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The Feasibility of Alternative Dispute Resolution to Resolve Intellectual Property Disputes in Jordan

The Feasibility of Alternative Dispute Resolution to Resolve Intellectual Property Disputes in Jordan

... Intellectual property disputes generally involve lengthy proceedings, tremendously costly and resource demanding, and provide one-sided ...intellectual property prac- titioners in Jordan should no ...

8

Getting Past Possession: Subsurface Property Disputes as Nuisances

Getting Past Possession: Subsurface Property Disputes as Nuisances

... subsurface property invasions as nuisances would mean resolving them under the same legal framework as nontrespassory invasions caused by above-ground waste storage ...neighbors’ property a ...their ...

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The Sword and the Steeple: A History of Church Property Disputes and an Analysis of Falls Church v. Protestant Episcopal Church in the United States

The Sword and the Steeple: A History of Church Property Disputes and an Analysis of Falls Church v. Protestant Episcopal Church in the United States

... the property for a particular purpose. If property cannot be tied to purpose, then the need for an implied trust is greatly diminished or ...of property. If property is to be held in trust for ...

35

A Permanent Resolution Mechanism of Cultural Property Disputes

A Permanent Resolution Mechanism of Cultural Property Disputes

... A good example of how complex cultural disputes are and how they become so is the one surrounding the Schliemann collection, to which Russia, Germany, Turkey, and [r] ...

17

A Multitude of Sins? Constitutional Standards for Legal Resolution of Church Property Disputes in a Time of Escalating Intradenominational Strife

A Multitude of Sins? Constitutional Standards for Legal Resolution of Church Property Disputes in a Time of Escalating Intradenominational Strife

... Jones neutral-principles standard, 3 3 followed by the application of a more deferential approach than strict-neutral-principles. Its articles contain a specific provision [r] ...

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Victorious Youth in Peril: Analyzing Arguments Used in Cultural Property Disputes to Resolve the Case of the Getty Bronze

Victorious Youth in Peril: Analyzing Arguments Used in Cultural Property Disputes to Resolve the Case of the Getty Bronze

... 260 Even the International Criminal Court (ICC) in its rules regarding arbitration failed to create a written provision for confidentiality, fearing "it would be da[r] ...

55

After Chabad: Enforcement in Cultural Property Disputes

After Chabad: Enforcement in Cultural Property Disputes

... Arbitration, however, is not the only way to secure a successful resolution in a cultural property dispute. Although advocates for the use of arbitration in cultural pr[r] ...

16

Locating the International Interest in Intranational Cultural Property Disputes

Locating the International Interest in Intranational Cultural Property Disputes

... General Assembly resolutions offer a further window into the spirit that animates the binding treaties discussed in the previous Subsection. These resolutions have con[r] ...

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Mediation's Potential Role in International Cultural Property Disputes

Mediation's Potential Role in International Cultural Property Disputes

... of any real obligations.1 6 Even though Japan's Law Concerning Control on Illicit Export and Import of Cultural Property permits States Parties to the UNESCO Conventi[r] ...

48

Locating the International Interest in Intranational Cultural Property Disputes

Locating the International Interest in Intranational Cultural Property Disputes

... The intent to foster multiculturalism has continued to underlie all subsequent international legislation on cultural property rights. 26 3 These treaties, the two mos[r] ...

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Valuing Information Systems in Contract and Intellectual Property Disputes

Valuing Information Systems in Contract and Intellectual Property Disputes

... the code simply cannot have produced the effects claimed by one party or the other, either because the code has no way of producing information that the party claims was improperly distributed or because the code has no ...

16

Solutions for Disputes over Intellectual Property Between Taiwan and China – Analyzing Arbitration

Solutions for Disputes over Intellectual Property Between Taiwan and China – Analyzing Arbitration

... Intellectual property-related products, which are imported to China, are becoming more intricate and technologically wide-ranging than in the recent ...tual property rights and products in ...intellectual ...

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designing + (dis)assembling disputes: an ethnography of disputes & lawyers in the construction industry

designing + (dis)assembling disputes: an ethnography of disputes & lawyers in the construction industry

... all disputes are aimed at seeking compensation or some other personal benefit – citizens may use complaint systems to call a public agency into account when their expectations are not met (see also Lloyd‐Bostock, ...

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