Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (69)
- University of Missouri School of Law (42)
- SelectedWorks (30)
- Penn State Law (26)
- University of Georgia School of Law (25)
-
- Singapore Management University (17)
- Notre Dame Law School (16)
- Columbia Law School (11)
- Cleveland State University (10)
- University of Colorado Law School (7)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (7)
- Boston University School of Law (6)
- Osgoode Hall Law School of York University (6)
- Pace University (6)
- American University Washington College of Law (5)
- Schulich School of Law, Dalhousie University (5)
- University of Pittsburgh School of Law (5)
- Roger Williams University (4)
- The University of Akron (4)
- University of Miami Law School (4)
- University of Pennsylvania Carey Law School (4)
- Chicago-Kent College of Law (3)
- Pepperdine University (3)
- St. John's University School of Law (3)
- University of Massachusetts Boston (3)
- New York Law School (2)
- St. Mary's University (2)
- Texas A&M University School of Law (2)
- Universitas Indonesia (2)
- University of Florida Levin College of Law (2)
- Keyword
-
- Arbitration (68)
- Dispute Resolution (43)
- Mediation (36)
- Dispute resolution (33)
- Mediator (19)
-
- Negotiation (19)
- ADR (17)
- Major League Baseball (16)
- International Law (15)
- Legal education (14)
- Contracts (13)
- ISDS (12)
- Alternative dispute resolution (11)
- Judges (11)
- Law (11)
- International law (10)
- Litigation (10)
- Courts (8)
- Ethics (8)
- Federal Arbitration Act (8)
- ICSID (8)
- International commercial arbitration (8)
- Conflict (7)
- International Trade (7)
- Jurisdiction (7)
- Remedies (7)
- UNCITRAL (7)
- Water law (7)
- Arbitrators (6)
- Choice of law (6)
- Publication
-
- Journal of Dispute Resolution (26)
- Arbitration Law Review (24)
- Georgia Journal of International & Comparative Law (22)
- Research Collection Yong Pung How School Of Law (17)
- Faculty Blogs (13)
-
- Faculty Scholarship (13)
- Cultural Encounters, Conflicts, and Resolutions (9)
- Articles (8)
- Columbia Center on Sustainable Investment Staff Publications (8)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (7)
- Leonard L Riskin (7)
- Faculty Publications (6)
- Michael Z. Green (6)
- Osgoode Legal Studies Research Paper Series (5)
- Team - Player Results (5)
- Trevor C. W. Farrow (5)
- Akron Law Review (4)
- Faculty Articles (4)
- Gus Van Harten (4)
- Karen Halverson Cross (4)
- Pace International Law Review (4)
- Scholarly Works (4)
- All Faculty Scholarship (3)
- Arbitrator Charts (3)
- Articles in Law Reviews & Other Academic Journals (3)
- Articles, Book Chapters, & Popular Press (3)
- Chicago-Kent Law Review (3)
- Free Agent Compensation (3)
- Life of the Law School (1993- ) (3)
- Nevada Law Journal (3)
- Publication Type
- File Type
Articles 91 - 120 of 357
Full-Text Articles in Entire DC Network
The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad
The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad
Zeina Jallad
The Power of the Body:
Analyzing the Logic of Law and Social Change in the Arab Spring
Abstract:
Under conditions of extreme social and political injustice - when human rights are under the most threat - rational arguments rooted in the language of human rights are often unlikely to spur reform or to ensure government adherence to citizens’ rights. When those entrusted with securing human dignity, rights, and freedoms fail to do so, and when other actors—such as human rights activists, international institutions, and social movements—fail to engage the levers of power to eliminate injustice, then oppressed and even quotidian …
An Essay Challenging The Racially Biased Selection Of Arbitrators For Employment Discrimination Suits, Michael Z. Green
An Essay Challenging The Racially Biased Selection Of Arbitrators For Employment Discrimination Suits, Michael Z. Green
Michael Z. Green
Since 1991, employers have increasingly decided to require that employees agree to arbitrate statutory employment discrimination claims as a condition of employment. This Essay seeks to expose some of the potential discriminatory components that may arise in the arbitrator selection process while highlighting the lack of legal remedy for those who believe that employers, in conjunction with neutral service provders, have stacked the pool in favor of having arbitrators who tend to be older, white and male. The Essay suggests the use of 42 U.S.C. Section 1981 as a potential remedy and challenge to the dearth of arbitrators of color …
Gravitating Toward Sensible Resolutions: The Pca Optional Rules For The Arbitration Of Disputes Relating To Outer Space Activity, Caroline Arbaugh
Gravitating Toward Sensible Resolutions: The Pca Optional Rules For The Arbitration Of Disputes Relating To Outer Space Activity, Caroline Arbaugh
Georgia Journal of International & Comparative Law
No abstract provided.
The Chamber Of Secrets: The Repudiation Of The Isds, Emanuela Matei
The Chamber Of Secrets: The Repudiation Of The Isds, Emanuela Matei
Emanuela A. Matei
The unlawfulness of the intra-EU BITs, the experiences of the new Member States unremittingly involved in investor-to state disputes and the tumultuous debates during the T-TIP negotiations are first and foremost examined from a legal perspective underlining the clash between a system designed for preferential treatment and the EU legal order based on the prohibition of discrimination. The ISDS clause represents an attribute of procedural inequality, which is furthermore convoluted by the constitutional structure of the Union i.e. the strictly limited access of private persons to supranational courts. This article enlarges the scope of the review of incompatibility by placing …
The Evolution And Decline Of The Effective-Vindication Doctrine In U.S. Arbitration Law, Okezie Chukwumerije
The Evolution And Decline Of The Effective-Vindication Doctrine In U.S. Arbitration Law, Okezie Chukwumerije
OKEZIE CHUKWUMERIJE
This article offers information on the history, significance and role of the effective-vindication doctrine in U.S. arbitration law in promoting access to justice. It analyzes the significance of broad policy implications regarding the interpretation of the Federal Arbitration Act (FAA) by the Court facilitating the arbitration of commercial disputes and protecting the statutory rights of consumers in the context of the U.S. Supreme Court's decision in Green Tree Financial Corp. v. Randolph.
Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra
Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra
Thiago Luís Santos Sombra
With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection …
Vimar Segurosy Reaseguros V. M/V Sky Reefer: A Change In Course: Cogsa Does Not Invalidate Foreign Arbitration Clauses In Maritime, C. Christine Fahrenback
Vimar Segurosy Reaseguros V. M/V Sky Reefer: A Change In Course: Cogsa Does Not Invalidate Foreign Arbitration Clauses In Maritime, C. Christine Fahrenback
Akron Law Review
The purpose of this Note is to analyze the Supreme Court's reasoning in Vimar Seguros Y Reaseguros, S.A. v. M/V Sky Reefer, and to explore the case's domestic and international implications. Part II discusses the statutory history of COGSA and the Arbitration Act, and the lineage of cases preceding the Supreme Court's decision in this case. Part III looks at the specifics of the case, presenting the facts, procedural history, and reasoning of the majority and dissent. Finally, the Note concludes with an analysis of the Court's decision to abandon precedent and depart into uncharted waters by upholding the foreign …
The Investigation Procedures Of The United Nations Office Of Internal Oversight Services And The Rights Of The United Nations Staff Member: An Analysis Of The United Nations Judicial Tribunals’ Judgments On Disciplinary Cases In The United Nations, Tamara A. Shockley
Pace International Law Review
An employee of an international organization misappropriates over one million dollars from a United Nations Peace-Keeping Mission’s designated for procurement of supplies. As a staff member of an international organization, he or she has functional immunity and cannot be investigated by the local jurisdiction or by authorities in his home country. Is this the “perfect crime”? Taking into consideration that these misappropriated funds are contributions from Member States of the United Nations, is there any recourse to investigate the facts of the incident to determine culpability?
International organizations have a legal obligation to ensure compliance with internal regulations, rules and …
Law & Lawyering In The Work Place: Building Better Lawyers By Teaching Students To Exercise Critical Judgment As Creative Problem Solver, Alan M. Lerner
Law & Lawyering In The Work Place: Building Better Lawyers By Teaching Students To Exercise Critical Judgment As Creative Problem Solver, Alan M. Lerner
Akron Law Review
This article is about the evolution of that course from the earliest planning through its presentation. Hopefully, having the two of us involved in the day-to-day teaching of the course would send the message to our students that collaboration was a positive aspect of the learning and lawyering processes. Additionally, we hoped that the students would see that “academic” and “clinical” faculty are partners in their legal education.
Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly
Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly
Peter R. Reilly
At the core of nearly all great negotiators, mediators, lawyers, and leaders is a person who has learned to connect with other people, that is, to build relationships of trust, cooperation, and collaboration. This Article argues that when people learn a sense of "self" and "other" through both theoretical and practical knowledge and understanding of mindfulness and human emotion, connections with others are more likely to be made, and important relationships are more likely to be built.
My goal, then, is to begin thinking about how one might bring mindfulness and emotions from the “mind level” to what human relations …
Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly
Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly
Peter R. Reilly
This Article suggests that law students and lawyers can be introduced to, and even begin to master, some of the same transformational principles, skill sets, and behaviors that poured forth from FDR as a result of his intense physical and personal challenges. At the core of nearly all great negotiators, mediators, lawyers, and leaders is a person who has learned to connect with other people, that is, to build relationships of trust, cooperation, and collaboration. Additionally, this Article argues that where people first learn a sense of self and others through both theoretical and practical knowledge and understanding of mindfulness …
Was Machiavelli Right? Lying In Negotiation And The Art Of Defensive Self-Help, Peter Reilly
Was Machiavelli Right? Lying In Negotiation And The Art Of Defensive Self-Help, Peter Reilly
Peter R. Reilly
The majority of law review articles addressing lying and deception in negotiation have argued, in one form or another, that liars and deceivers could be successfully reined in and controlled if only the applicable ethics rules were strengthened, and if corresponding enforcement powers were sufficiently beefed up and effectively executed. This article takes a different approach, arguing that the applicable ethics rules will likely never be strengthened, and, furthermore, that even if they were, they would be difficult to enforce in any meaningful way, at least in the context of negotiation. The article concludes that lawyers, businesspeople, and everyone else …
Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration, Michael Z. Green
Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration, Michael Z. Green
Michael Z. Green
With the current political climate regarding racial issues, any positive gains in resolving race discrimination claims in the workplace cannot come from new legislation through the Obama administration. Instead, those gains will have to come from within the workplace. Unions and their employee members must work together and with employers to resolve those disputes. Specifically, in this Article, two high-profile employment discrimination cases decided by the Supreme Court during President Obama's first year in office--Ricci v. DeStefano and Penn Plaza LLC v. Pyett--help identify a framework whereby employees with racial discrimination claims against their employers may work with …
Retaliatory Employment Arbitration, Michael Z. Green
Retaliatory Employment Arbitration, Michael Z. Green
Michael Z. Green
In 2014, we reach a key milestone with the fiftieth anniversary of the passage of Title VII of the Civil Rights Act of 1964 ("Title VII"). This landmark federal legislation, which prohibits discrimination in the workplace, also created the Equal Employment Opportunity Commission ("EEOC"). This Article focuses on the use of arbitration, a form of alternative dispute resolution ("ADR"), to decide federal employment discrimination claims brought under that and related statutes. Specifically, this Article addresses the use of so-called "mandatory," "forced," "employer-mandated," or "pre-dispute" or "compelled" agreements to arbitrate that have garnered much attention and criticism over the past twenty …
Panel 3: Individuals, The Collective, And Democracy: Race, Class, Gender, Disability, And Individual Employee Rights, Addie C. Rolnick, Michael Z. Green, Francine J. Lipman, Nicole B. Porter, Gowri Ramachandran, Terry Smith
Panel 3: Individuals, The Collective, And Democracy: Race, Class, Gender, Disability, And Individual Employee Rights, Addie C. Rolnick, Michael Z. Green, Francine J. Lipman, Nicole B. Porter, Gowri Ramachandran, Terry Smith
Michael Z. Green
Moderator: Addie Rolnick
Michael Z. Green: Black Worker Voice in Times of Joblessness and Anti-Racism Backlash
Francine J. Lipman: What's Tax Got to Do With It?
Nicole B. Porter: Women, Unions, and Negotiation
Gowri Ramachandran: Pay Transparency
Terry Smith: Law's Austerity: Capital, Labor, and Race in the Globalized Economy
Measures To Encourage And Reward Post-Dispute Agreements To Arbitrate Employment Discrimination Claims, Michael Z. Green
Measures To Encourage And Reward Post-Dispute Agreements To Arbitrate Employment Discrimination Claims, Michael Z. Green
Michael Z. Green
No abstract provided.
Trending@Rwu Law: Professor Bruce Kogan's Post: Why Mediation?, Bruce Kogan
Trending@Rwu Law: Professor Bruce Kogan's Post: Why Mediation?, Bruce Kogan
Law School Blogs
No abstract provided.
Inetianbor And Green: How Two Payday Loan Disputes Illustrate The Integrality Rule’S Incompatibility With The Faa, Cameron C. Lincoln
Inetianbor And Green: How Two Payday Loan Disputes Illustrate The Integrality Rule’S Incompatibility With The Faa, Cameron C. Lincoln
Journal of Dispute Resolution
The integrality rule is a rule grounded in the analysis of party intent and allows for an arbitration agreement to be vitiated if the selected forum is unavailable and the forum was integral to the agreement. The integrality rule, conceived in 1990, has a short history, and while it is followed by several federal appellate circuits, it is not consistently named or referenced. The Eleventh Circuit applied the rule in Inetianbor v. CashCall, Inc., where the court precluded arbitration due to the integrality rule. This case raises questions of whether the integrality rule contradicts the Federal Arbitration Act (FAA), whether …
Introducing The 'New Handshake' To Expand Remedies And Revive Responsibility In Ecommerce, Amy J. Schmitz
Introducing The 'New Handshake' To Expand Remedies And Revive Responsibility In Ecommerce, Amy J. Schmitz
Faculty Publications
There was a time when individuals would meet in person to make purchases and do deals. They would discuss the terms, assess the trustworthiness and character of their contracting partners, and conclude the deal with a handshake. The handshake helped ensure the enforcement of the deal without need for the rule of law or legal power. That handshake was one’s bond — it was a personal trust mark. With the emergence of eCommerce, however, that handshake has nearly disappeared along with the sense of responsibility it inspired. Accordingly, this article discusses how this has impacted consumers’ access to remedies regarding …
Taking Advantage Of Opportunities In Litigotiation, John M. Lande
Taking Advantage Of Opportunities In Litigotiation, John M. Lande
Faculty Publications
This article is partially based on a study in which I interviewed respected lawyers about their negotiation processes in pretrial litigation. I asked these lawyers about their negotiation procedures generally, and I asked them to describe the last case they settled, starting with the first interaction with their clients in the matter. Although this article focuses on negotiation in the litigation context, some lawyers presumably use analogous procedures in transactional matters.
Be Careful What You Do Not Ask For: Contracts With The Federal Government For Which Purely Nonmonetary Relief Exists In The Event Of Breach Must Provide For Monetary Damages To Make Them Available To Non-Breaching Private Parties, Matthew W. Cecil
Journal of Dispute Resolution
By further limiting access to one of the only forums in which private parties may seek monetary damages over $10,000 from the federal government, the United States Federal Circuit Court of Appeals in Higbie v. United States1 has ensured non-breaching private parties will not be wholly compensated for their injuries and has undermined the court’s own interest in bolstering mediation.
The Special Nature Of International Insurance And Reinsurance Arbitration: A Response To Professor Jerry, S. I. Strong
The Special Nature Of International Insurance And Reinsurance Arbitration: A Response To Professor Jerry, S. I. Strong
Journal of Dispute Resolution
No abstract provided.
State Legislative Update, Morgan L. Maples, Timothy Mcaleenan, Julia Neidhardt, Spring E. Taylor
State Legislative Update, Morgan L. Maples, Timothy Mcaleenan, Julia Neidhardt, Spring E. Taylor
Journal of Dispute Resolution
Effective July 1, 1995, as part of the nursing facility enforcement regulations, the Centers for Medicare & Medicaid Services required states to provide nursing facilities with the opportunity for informal dispute reolution reviews. This dispute resolution system was set up in order to avoid the potentially prolonged resolution process associated with more formal appeals. These regulations do not prevent a nursing facility from pursuing a former appeal of the disputed deficiency, but the regulations do give an expedited alternative to the formal process.
Mediating A Family: The Use Of Mediation In The Formation And Enforcement Of Post-Adoption Contact Agreements, Sophie Mashburn
Mediating A Family: The Use Of Mediation In The Formation And Enforcement Of Post-Adoption Contact Agreements, Sophie Mashburn
Journal of Dispute Resolution
This comment will discuss how and why adoption law has evolved into a preference for open adoption, provide a brief history of post-adoption contact agreements, and discuss the current and best practices for utilizing post-adoption contact agreements. Finally, this comment will explore the use of mediation in various states to assist adoptive parents and birth parents in forming and maintaining an agreement they both accept and that furthers the best interests of the children being adopted. Using mediation to further the interests of children, adoptive couples, and birth parents is a positive trend in adoption law that should be encouraged …
Do Judicially Created Grounds For Vacating Arbitral Awards Still Exist?: Why Manifest Disregard Of The Law And Public Policy Exceptions Should Be Considered Under Vacatur, Ashley K. Sundquist
Do Judicially Created Grounds For Vacating Arbitral Awards Still Exist?: Why Manifest Disregard Of The Law And Public Policy Exceptions Should Be Considered Under Vacatur, Ashley K. Sundquist
Journal of Dispute Resolution
The Court’s strong language in Hall Street indicated the Court’s intent for the FAA to provide the exclusive grounds for vacating an arbitral award. Therefore, once the Court addresses the circuit split, it will likely hold that judicially created grounds are not an acceptable form of vacatur. However, doing so would cause individuals injustice, in particular where awards manifestly disregard the law and go against public policy. This Note argues that if the Court abolishes judicially created grounds, it should reinterpret the FAA to include manifest disregard of the law and violations to public policy under the exceeded powers exception …
Get The Best Of Both Worlds: Illusory Arbitration Agreements, Desiree Shay
Get The Best Of Both Worlds: Illusory Arbitration Agreements, Desiree Shay
Journal of Dispute Resolution
This Note addresses the clauses in franchise-franchisee agreements that preserve the right for a franchisor to unilaterally alter the terms of arbitration after the franchise relationship has begun. A majority of courts, applying state contract law, have held that these clauses are unenforceable due to a lack of consideration, making the contract illusory. However, courts still come to different conclusions because each court has to follow state contract law. The United States Supreme Court’s holding on this issue might not be able to have full effect because the Federal Arbitration Act requires that courts rely on state law. The Seventh …
Dispute Resolution, Insurance, And Points Of Convergence, Robert H. Jerry Ii
Dispute Resolution, Insurance, And Points Of Convergence, Robert H. Jerry Ii
Journal of Dispute Resolution
This essay explores the intersection of dispute resolution and insurance. I come to the intersection from the perspective of insurance law, where statutes, administrative rules, and common law regulate the industry and the policyholder-insurer relationship. At its core, the business of insurance offers individuals, businesses, and other kinds of organizations a risk management alternative which enables them to acquire some measure of control over an uncertain future. But when a loss occurs, the business of insurance becomes the business of claims processing and, when disagreements arise, dispute resolution. Surprisingly, the academic study of insurance law has not borrowed heavily from …
My Last Lecture: More Unsolicited Advice For Future And Current Lawyers, John M. Lande
My Last Lecture: More Unsolicited Advice For Future And Current Lawyers, John M. Lande
Journal of Dispute Resolution
For quite a while, I have been writing and teaching to prepare students realistically for legal practice. This article distills my thinking into a concise presentation. I wrote this article primarily for law students as they contemplate their careers, but I hope it will be of value to lawyers as well. Hopefully, it will whet your appetite to pursue these ideas more deeply by reading some of the sources cited in the footnotes.