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Articles 1 - 30 of 36
Full-Text Articles in Law
Arbitration Of Erisa Statutory Claims, Kathryn L. Moore
Arbitration Of Erisa Statutory Claims, Kathryn L. Moore
Law Faculty Books and Chapters
In light of the flood of fiduciary litigation in recent years, some plan sponsors have considered amending their plans to include provisions requiring mandatory arbitration of claims and waivers of class action or collective claims. All things being equal, arbitration is potentially more efficient and less costly than litigation, and plan sponsors hope that mandatory arbitration and class action waivers may save them time and money in the current litigious environment. In fact, however, under the current state of the law, arbitration provisions may lead to protracted litigation and additional costs, including the cost of litigating the enforceability of the …
The Rcra Citizen Suit Provision And The Private Remedy Of Restitution After Kfc Western, Inc. V. Meghrig And Furrer V. Brown: Reasonable Minds May Differ, J. Thomas Blaine Lewis
The Rcra Citizen Suit Provision And The Private Remedy Of Restitution After Kfc Western, Inc. V. Meghrig And Furrer V. Brown: Reasonable Minds May Differ, J. Thomas Blaine Lewis
Journal of Natural Resources & Environmental Law
No abstract provided.
Mending The Fracture: Bringing Parties Together On High Volume Hydraulic Fracturing Through Alternative Dispute Resolution, Allison Rose
Mending The Fracture: Bringing Parties Together On High Volume Hydraulic Fracturing Through Alternative Dispute Resolution, Allison Rose
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Election Law And Civil Discourse: The Promise Of Adr, Joshua A. Douglas
Election Law And Civil Discourse: The Promise Of Adr, Joshua A. Douglas
Law Faculty Scholarly Articles
This Article was the result of a Symposium that explored the potential promises of alternative dispute resolution (“ADR”) for resolving election law disputes. Both election law and ADR scholars opined on how ADR can help to achieve various goals for deciding contentious election law cases. My focus in this essay is narrower: I suggest that employing some features of ADR to resolve election disputes can help to improve the civil discourse of our elections and our political culture. That is, certain aspects of ADR can assist in reducing caustic language in election law judicial decisions, in the media’s reporting of …
Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener
Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Horse Sense And High Competition: Procedural Concerns In Equestrian Doping Arbitration, Holly Rudolph
Horse Sense And High Competition: Procedural Concerns In Equestrian Doping Arbitration, Holly Rudolph
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
12th Biennial Judge Joe Lee Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
12th Biennial Judge Joe Lee Bankruptcy Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the 12th Biennial Judge Joe Lee Bankruptcy Institute held May 2005.
Mediation In Kentucky: Where Do We Go From Here?, Vanessa Mitchell
Mediation In Kentucky: Where Do We Go From Here?, Vanessa Mitchell
Kentucky Law Journal
No abstract provided.
Arbitration: Kentucky Courts Should Not Liberally Vacate Awards--Carrs Fork V. Kodak Mining, William G. Fowler Ii
Arbitration: Kentucky Courts Should Not Liberally Vacate Awards--Carrs Fork V. Kodak Mining, William G. Fowler Ii
Kentucky Law Journal
No abstract provided.
Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman
Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman
Law Faculty Scholarly Articles
The comparison of different legal systems offers a number of analytical and research advantages, one of which is that it provides a laboratory for observing differences and similarities in the ways in which common regulatory and dispute resolution models operate in similar and dissimilar environments. This Essay uses that laboratory to illustrate how the bargaining strength model presented in Settling for More: Mastering Negotiation Strategies and Techniques can be applied in analyzing mediatory interventions and provide a better understanding of (a) how such interventions can be utilized most effectively, (b) when they are useful, (c) when they are superfluous, and …
Court-Annexed Arbitration--The Northern Kentucky Experience, Christopher J. Mehling, Donald Stepner
Court-Annexed Arbitration--The Northern Kentucky Experience, Christopher J. Mehling, Donald Stepner
Kentucky Law Journal
No abstract provided.
On The Growth And Development Of Dispute Resolution, Patrick Fn'piere, Linda Work
On The Growth And Development Of Dispute Resolution, Patrick Fn'piere, Linda Work
Kentucky Law Journal
No abstract provided.
The Quiet Revolution Comes To Kentucky: A Case Study In Community Mediation, Thomas J. Stipanowich
The Quiet Revolution Comes To Kentucky: A Case Study In Community Mediation, Thomas J. Stipanowich
Kentucky Law Journal
No abstract provided.
The Neighborhood Justice Center Movement, Edith B. Primm
The Neighborhood Justice Center Movement, Edith B. Primm
Kentucky Law Journal
No abstract provided.
State Offices Of Mediation: Thoughts On The Evolution Of A National Network, Peter S. Adler
State Offices Of Mediation: Thoughts On The Evolution Of A National Network, Peter S. Adler
Kentucky Law Journal
No abstract provided.
Establishing A Joint State Bar Association And Supreme Court Commission On Alternative Dispute Resolution, Jack P. Etheridge
Establishing A Joint State Bar Association And Supreme Court Commission On Alternative Dispute Resolution, Jack P. Etheridge
Kentucky Law Journal
No abstract provided.
Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham
Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham
Kentucky Law Journal
No abstract provided.
Reflections On The Role Of The Neutral Lawyer: The Lawyer As Mediator, Karen A. Zerhusen
Reflections On The Role Of The Neutral Lawyer: The Lawyer As Mediator, Karen A. Zerhusen
Kentucky Law Journal
No abstract provided.
The Development And Organization Of Domestic Relations Mediation In A Multi-Function Mediation Center In Kentucky, Gary W. Paquin
The Development And Organization Of Domestic Relations Mediation In A Multi-Function Mediation Center In Kentucky, Gary W. Paquin
Kentucky Law Journal
No abstract provided.
Training Interveners For Adr Processes, Joseph B. Stulberg
Training Interveners For Adr Processes, Joseph B. Stulberg
Kentucky Law Journal
No abstract provided.
Building And Maintaining A Statewide Mediation Program: A View From The Field, Sharon Press
Building And Maintaining A Statewide Mediation Program: A View From The Field, Sharon Press
Kentucky Law Journal
No abstract provided.
Running Statewide Dispute Resolution Programs--The New York Experience, Thomas F. Christian
Running Statewide Dispute Resolution Programs--The New York Experience, Thomas F. Christian
Kentucky Law Journal
No abstract provided.
Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham
Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham
Law Faculty Scholarly Articles
The Jefferson Family Court's custody mediation service was developed as part of a larger program creating the first family court system in Kentucky. The mediation service's connection with the Family Court has influenced both practical and policy aspects of its development. Any description of the mediation project necessarily entails some description of the court system that created it.
This Article describes the structure of the Jefferson Family Court and the custody mediation process as it has developed in Jefferson County. A review of one community's approach to custody mediation may be useful not only as a blueprint for a system's …
Securities Arbitration Appeal: An Oxymoron No Longer?, C. Evan Stewart
Securities Arbitration Appeal: An Oxymoron No Longer?, C. Evan Stewart
Kentucky Law Journal
No abstract provided.
Rodriguez De Quijas V. Shearson/American Express, Inc.: Is Securities Arbitration Finally Above Suspicion?, Leslie William Moore
Rodriguez De Quijas V. Shearson/American Express, Inc.: Is Securities Arbitration Finally Above Suspicion?, Leslie William Moore
Kentucky Law Journal
No abstract provided.
Court-Annexed Arbitration: Kentucky's Viable Alternative To Litigation, James C. Thornton
Court-Annexed Arbitration: Kentucky's Viable Alternative To Litigation, James C. Thornton
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Arbitration, Thomas J. Stipanowich
Kentucky Law Survey: Arbitration, Thomas J. Stipanowich
Kentucky Law Journal
No abstract provided.
Appealability Of Interlocutory Orders Enjoining Or Refusing To Enjoin Commercial Arbitration, Timothy B. Dyk
Appealability Of Interlocutory Orders Enjoining Or Refusing To Enjoin Commercial Arbitration, Timothy B. Dyk
Kentucky Law Journal
No abstract provided.
Social Policy In Title Vii Arbitrations, Steven R. Wolfson
Social Policy In Title Vii Arbitrations, Steven R. Wolfson
Kentucky Law Journal
No abstract provided.
Kentucky Law Survey: Remedies, Jillena Warner
Kentucky Law Survey: Remedies, Jillena Warner
Kentucky Law Journal
No abstract provided.