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Articles 1 - 30 of 7236
Full-Text Articles in Entire DC Network
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
DePaul Business & Commercial Law Journal
No abstract provided.
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
DePaul Business & Commercial Law Journal
No abstract provided.
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
DePaul Business & Commercial Law Journal
No abstract provided.
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
DePaul Business & Commercial Law Journal
No abstract provided.
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
DePaul Business & Commercial Law Journal
No abstract provided.
Table Of Contents & Masthead, Reeve Lanigan
Table Of Contents & Masthead, Reeve Lanigan
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Policing/Mediation Nexus: An Autoethnographic Exploration Of The Journey From Police Officer To Certified Mediator, Wendell C. Wallace
The Policing/Mediation Nexus: An Autoethnographic Exploration Of The Journey From Police Officer To Certified Mediator, Wendell C. Wallace
Pepperdine Dispute Resolution Law Journal
By their very nature, policing and mediation are viewed as disparate professions. However, since the inception of policing, police officers have traditionally been involved in managing and handling conflict situations and thus, mediation type interventions have historically been an important component of police work. For the most part, police officers are untrained in mediation; however, many police officers are comfortable serving as go-between for neighbors, families, and communities in conflict using their intuition. As a result of acting as a ‘mediator’ for conflicting parties, without any formal mediation training, many former and current police officers eventually engage in mediation training …
Rebuilding Trust In A Divided Community: An Integrated Approach, Shaphan Roberts
Rebuilding Trust In A Divided Community: An Integrated Approach, Shaphan Roberts
Pepperdine Dispute Resolution Law Journal
Metropolitan cities face a myriad of social challenges, including increased crime, homelessness, and declining business vitality. These issues are interrelated, demanding solutions that are multifaceted and systemic. Solutions backstopped by law enforcement are needed to foster an environment conducive to business growth, job creation, and reducing homelessness. However, a widespread lack of trust in local law enforcement complicates addressing these challenges, highlighting the importance of community engagement and cooperation for effective policing and crime prevention. A comprehensive approach is necessary to address these social challenges. Integrating the stakeholder and sectors models with insights from literature focusing on community policing, economic …
Deserts Still Need Water: Using Adr Processes To Support Rural Residents And Counter The Challenges Stemming From The Shortage Of Lawyers In The “Great American Legal Desert”, Whitney Heuermann
Pepperdine Dispute Resolution Law Journal
Researchers dub rural America the “Great American Legal Desert,” deriving its nickname from the fact that roughly 20% of the nation's population lives in rural America while only 2% of small law practices are located in rural areas. This comment proposes that an increase in alternative dispute resolution (ADR) programming and usage serves as a viable avenue to alleviate the lawyer shortage’s harmful effects in rural America. This note begins by generally identifying ADR’s pros, such as cost, privacy, and community preservation, and then correlating these advantages to various aspects of rural America. ADR programming in Kentucky, Idaho, and Kansas …
Letter From The Editor, Reeve Lanigan
Letter From The Editor, Reeve Lanigan
Pepperdine Dispute Resolution Law Journal
To foster dialogue and encourage community engagement surrounding these issues, this year The Pepperdine Dispute Resolution Law Journal (DRLJ) hosted its annual symposium in collaboration with the Straus Institute for Dispute Resolution and the Weinstein International Foundation to explore how elements of alternative dispute resolution can apply to community policing strategies to prevent and deescalate crime. The symposium, “The Tactics of Resolution: Exploring International Innovation in Law Enforcement and Conflict Resolution,” brought students, law enforcement officials, academics, and policymakers together to engage in enriching conversations on how to establish safer and more harmonious global community
Not Your Mother’S Marriage: Utilizing Intergenerational Trauma-Informed Divorce Mediation To Discourage Unhealthy Relational Cycles In Children Of Divorce, Abigail Davis
Pepperdine Dispute Resolution Law Journal
This article discusses how divorce mediators can discourage cycles of broken relationships and reduce a child’s likelihood of experiencing intergenerational trauma as a result of the dissolution of their parents’ marriage. Divorce mediators must become knowledgeable about the impact of intergenerational trauma and the most favorable mediation outcomes for the wellbeing of the children involved. This includes encouraging families into an optimal settlement, referring parties to important resources for proactive parenting, making necessary mental health referrals, and enhancing the lives of children experiencing divorce. A mediator well-equipped with a strong referral system and cross-disciplinary knowledge of social, emotional, and behavioral …
A Polygamist Proposal: How Dispute Resolution Techniques Provide Solutions In The Polygamy Debate, Ellie Martinez
A Polygamist Proposal: How Dispute Resolution Techniques Provide Solutions In The Polygamy Debate, Ellie Martinez
Pepperdine Dispute Resolution Law Journal
In 2020, Utah passed a bill decriminalizing polygamy. However, this legislation only addresses the peripheral interests of polygamous families as many are still disadvantaged. This comment argues the application of dispute resolution techniques would have resulted in a better solution than the current legislation by increasing value-creation for everyone involved. Part II sets the foundation by delving into the treacherous history of polygamy at both the state level in Utah and the Federal level in the United States. Part III details the passing of the Bigamy Amendments. Part IV identifies relevant parties—many of whom were left out of consideration when …
The New Elephant In The Room: Why All Professionals Need To Learn About Personality Disorders, Bill Eddy
The New Elephant In The Room: Why All Professionals Need To Learn About Personality Disorders, Bill Eddy
Pepperdine Dispute Resolution Law Journal
Approximately 10% of adults worldwide have a personality disorder, according to the diagnostic manual of mental health professionals currently known as the DSM-5-TR. Unlike other mental health diagnoses, personality disorders are primarily interpersonal disorders leading to frequent conflicts with those around the person due to enduring patterns of rigid behavior, exaggerated interpretation of events, difficulty managing emotions, and impulse control problems. Yet dispute resolution professionals and other professionals generally have little knowledge of personality disorders and the role they play in their work, especially with “difficult” clients or “high conflict” disputes. Indications suggest personality disorders are increasing in family disputes, …
Expanding The Role Of Victim-Offender Mediation In The Criminal Justice System: Mediating Cases Of Involuntary Manslaughter, Doyeon Kim
Pepperdine Dispute Resolution Law Journal
Involuntary manslaughter is distinguishable from other types of murder by the perpetrator’s lack of intent to kill. This lack of intent suggests that restorative justice programs, specifically victim-offender mediation, may be a better alternative compared to the traditional adversarial criminal justice system because offenders can express their remorse and victims can receive closure through a facilitated dialogue. Limiting the scope of remedies in criminal proceedings to incarceration has led to serious financial and societal ramifications, as well as harmful psychological and emotional repercussions by failing to address the underlying lasting impacts of crime on victims, offenders, loved ones, and the …
In The Shadow Of The Law: Applying Therapeutic Approaches To Sexual Harassment Conflicts In The Context Of #Metoo, Michal Alberstein, Shira Rosenberg-Lavi
In The Shadow Of The Law: Applying Therapeutic Approaches To Sexual Harassment Conflicts In The Context Of #Metoo, Michal Alberstein, Shira Rosenberg-Lavi
Pepperdine Dispute Resolution Law Journal
This article comprises a firsthand account of working as a university Sexual Harassment Commissioner (SHC), a role that manifests a combination of law and advanced conflict resolution practice. It offers a working model grounded in alternative justice principles to address sexual harassment and other, similar types of conflict. The resultant therapeutic and conflict resolution approach may apply to other institutions and other areas of law and society as well. Moreover, it fits in well during the era of #MeToo, where women raised their voices to challenge grave offenses such as rape, as well as attitudes, patterns, and allegedly “small” and …
Eldercaring Coordination: The New Dispute Resolution Process To Address The Age-Old Problem Of Old-Age, Fran L. Tetunic
Eldercaring Coordination: The New Dispute Resolution Process To Address The Age-Old Problem Of Old-Age, Fran L. Tetunic
Pepperdine Dispute Resolution Law Journal
Eldercaring Coordination refers to a dispute resolution process which seeks to address the needs of senior family members. This new process aims to solve conflicts concerning the lives and finances of aging family members. It arises from the need to provide elders a voice in important decisions concerning their lives and guide families in high conflict disputes towards productive decision-making focused on the best interests of the elderly. The eldercaring coordinator works with legally-authorized decision-makers and other participants to resolve disputes related to an elderly person’s safety and autonomy. The United Nations recognizes eldercaring coordination as an Action Model for …
Fitting The Communication Forum To The Mediation Fuss: Choosing The Appropriate Communication Mode For Mediation In The Post-Pandemic World, Dorcas Quek Anderson
Fitting The Communication Forum To The Mediation Fuss: Choosing The Appropriate Communication Mode For Mediation In The Post-Pandemic World, Dorcas Quek Anderson
Pepperdine Dispute Resolution Law Journal
Since the COVID-19 pandemic, mediations have shifted dramatically from face-to-face settings to the virtual realm, resulting in the widespread acceptance of using virtual communication channels, including videoconferencing, audio calls, and text messaging. With the waning of the pandemic, mediators and parties presently face a plethora of choices in fitting their mediation to the appropriate communication channel. Thus, having an accurate, evidence-based understanding of different communication modes’ impact on mediation is necessary to design an optimal mediation process. Some decades ago, Sander and Goldberg formulated the phrase “fitting the forum to the fuss” to describe the process of choosing the most …
Is The Use Of Artificial Intelligence In Alternative Dispute Resolution A Viable Option Or Wishful Thinking?, Samuel D. Hodge Jr.
Is The Use Of Artificial Intelligence In Alternative Dispute Resolution A Viable Option Or Wishful Thinking?, Samuel D. Hodge Jr.
Pepperdine Dispute Resolution Law Journal
This article delves into the evolving relationship between artificial intelligence (AI) and the legal profession, particularly in the context of alternative dispute resolution (ADR). The introduction sets the stage by highlighting AI's transformative potential in reshaping legal practice through automation, efficiency, and data-driven insights. While acknowledging the uncertainty surrounding AI's long-term impact on the legal landscape, it emphasizes the need for investigation and adaptation as the technology evolves. Key considerations, such as AI technology's limitations, regulatory challenges, and ethical implications, are also addressed. Despite the promises of efficiency and accessibility, questions remain about AI's ability to replicate human reasoning and …
From Hunch To Analysis: Risk Management In Tiered Dispute Resolution Processes, Troy L. Harris
From Hunch To Analysis: Risk Management In Tiered Dispute Resolution Processes, Troy L. Harris
Pepperdine Dispute Resolution Law Journal
The dispute resolution is process is filled with risk that decision-makers must identify, analyze, and manage. Risks can include unclear and conflicting objectives and uncertainties regarding strategic alternatives. While many litigators are adept at identifying these risks, systematic analysis and management of them is not typically part of lawyers’ education or training. And yet there is a rich body of management scholarship devoted to risk analysis and decision-making based upon multiple criteria. This article brings the insights of this management literature to bear upon a phenomenon commonly found in relational contracting, the “tiered” dispute resolution process. The article demonstrates that …
Decentralized Dispute Resolution: Using Blockchain Technology And Smart Contracts In Arbitration, Christoph Salger
Decentralized Dispute Resolution: Using Blockchain Technology And Smart Contracts In Arbitration, Christoph Salger
Pepperdine Dispute Resolution Law Journal
Can blockchain technology and smart contracts be used in the context of alternative dispute resolution, particularly arbitration, turning traditional procedures on their head? This article discusses various possible applications of blockchain technology and smart contracts in ADR. In particular, it addresses the possibility of fully automated execution of arbitral awards using a smart contract through so-called escrow mechanisms. Subsequently, it presents two promising approaches of so-called Decentralized Dispute Resolution (DDR), including Expert-Pooling and Crowdarbitration. DDR generally involves decisions made jointly by multiple or even all participants in a network (usually a blockchain network), rather than by just one or two …
Economic Sanctions And Article V(2)(B) Of The New York Convention: A Touchy Interaction Exacerbated By The Ukraine-Russia Conflict, Alberto Pomari
Economic Sanctions And Article V(2)(B) Of The New York Convention: A Touchy Interaction Exacerbated By The Ukraine-Russia Conflict, Alberto Pomari
Pepperdine Dispute Resolution Law Journal
States have deployed an unprecedented wave of unilateral sanctions in response to the Russian invasion of Ukraine. They have also escalated the political connotation of economic sanctions by aggressively implementing them extraterritorially. This exercise of lawfare, substituting economic sanctions for armed conflict, raises the question of whether to consider unilateral sanctions elements of public policy within the meaning of Article V(2)(b) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This article seeks to clarify the interplay between Article V(2)(b) and economic sanctions. Explaining the two different approaches that domestic courts implement worldwide, recent court …
Truth. Regardless Of Reconciliation?, Michael Moffitt
Truth. Regardless Of Reconciliation?, Michael Moffitt
Nevada Law Journal
No abstract provided.
Re-Calibration Of Curial Intervention In Public Policy Challenges Against Arbitral Awards, Darius Chan, Elias Ngai Hum Khong
Re-Calibration Of Curial Intervention In Public Policy Challenges Against Arbitral Awards, Darius Chan, Elias Ngai Hum Khong
Research Collection Yong Pung How School Of Law
When an award debtor challenges an award on public policy grounds, usually the principle of finality prevails, and courts will consider the award debtor bound by the decision of the tribunal. However, because public policy has implications beyond the disputing parties themselves, some courts consider themselves justified in reviewing the award. There is therefore a tension between finality versus the court’s duty to stand as the guardian of public policy. Whether a review of an award should be allowed under this ground, and if so, the extent of permissible review, differs across various jurisdictions. For instance, common law authorities have …
The Sources And Consequences Of Disputes Over Contractual Meaning, Randy D. Gordon
The Sources And Consequences Of Disputes Over Contractual Meaning, Randy D. Gordon
Faculty Scholarship
With some frequency, parties agree to the particular words used in a contract they sign, only to later disagree as to the meaning of those words and their legal effect. That is, they each assent to something, but that “something” is something different for each of them. In this Article, I first categorize and trace the sources of recurring points of disagreement as a matter of language and linguistics. Then, I look at the consequences of a dispute that leads a fact finder to conclude that the parties genuinely did not agree to the same thing, which is to say …
Convergence And Divergence: Comparative Analysis Of Procedural Rule Changes Of The Hong Kong And Singapore International Arbitration Centers Within The Framework Of Neo-Institutional Theory, Phillip Hoang Tran
Dissertations
International commercial arbitration (ICA) plays an essential role in resolving disputes between companies engaged in complex, cross-border business transactions. It offers an efficient, neutral, and enforceable mechanism for resolving disputes across different legal and cultural backgrounds. ICA is generally conducted at international arbitration centers located throughout the world. According to the extant literature, there is convergence of procedural rules among these centers. Sabharwal and Zaman (2014), for example, claim increasing convergence of procedural rules among all the major arbitration centers. Similarly, Sharma (2021) proposes that this convergence helps build the international arbitration system. However, there is a near absence of …
Less Litigation, More Business Purpose: Leveraging Dispute Prevention To Preserve Business Relationships, Joan Stearns Johnsen
Less Litigation, More Business Purpose: Leveraging Dispute Prevention To Preserve Business Relationships, Joan Stearns Johnsen
University of Massachusetts Law Review
Strong interorganizational relationships play an essential role in business relationships. Soft skills associated with negotiation and communication are key to dealing with disagreements in these relationships. However, many companies do not invest in these aspects of their business relationships until conflicts arise. Dispute resolution provides helpful processes for managing these disputes, but companies can avoid conflict before it arises by investing in dispute prevention. Dispute prevention represents a change in the existing paradigm, yet it poses numerous benefits. By implementing a dispute prevention mechanism, such as a Standing Neutral, companies can invest in strong interorganizational relationships and improve their ability …
Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali
Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali
Minnesota Journal of Law, Science & Technology
No abstract provided.
Choosing Sides: On The Manipulation Of Civil Litigation, Yotam Kaplan, Ittai Paldor
Choosing Sides: On The Manipulation Of Civil Litigation, Yotam Kaplan, Ittai Paldor
Vanderbilt Law Review
Our litigation system is broken. Scholars have long warned that professional litigants, such as debt-collecting firms, insurance companies, and commercial landlords, enjoy immense and unfair advantages over private individuals. What has gone unnoticed is professional litigants’ ability to manipulate their litigatory position—that is, to choose whether they will litigate as plaintiffs or defendants. Extant literature assumes that the parties’ litigatory positions are determined by the substance of the dispute: the party seeking a remedy is the plaintiff, and the party objecting to the award of a remedy is the defendant. We show that, in reality, professional litigants have both the …
American Handling Of Holocaust Property Takings: What We Can Learn From International Policies, Matthew Franks
American Handling Of Holocaust Property Takings: What We Can Learn From International Policies, Matthew Franks
Brooklyn Journal of International Law
The Supreme Court decision in Federal Republic of Germany v. Philipp and US enforcement of the Foreign Sovereign Immunities Act have made it extremely difficult for Holocaust survivors and their families to recover lost and stolen property from during the World War II era. Other countries, such as the United Kingdom, France, and Germany, have had great success in this arena through various methods. This Note explores the ways in which US jurisprudence continues to make recovery inaccessible, while highlighting the specific processes these few European countries have created to foster recovery. Finally, this Note argues that the US must …