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Articles 1 - 30 of 329
Full-Text Articles in Law
Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller
Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller
Pepperdine Law Review
No abstract provided.
Contracting Employment Disputes Out Of The Jury System: An Analysis Of The Implementation Of Binding Arbitration In The Non-Union Workplace And Proposals To Reduce The Harsh Effects Of A Non-Appealable Award, Michele M. Buse
Pepperdine Law Review
No abstract provided.
"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright
"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright
Pepperdine Law Review
No abstract provided.
Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration , John P. Cleary
Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration , John P. Cleary
Pepperdine Law Review
No abstract provided.
Preemption: The United States Arbitration Act, The Manifest Disregard Of The Law Test For Vacating An Arbitration Award, And State Courts, Paul Turner
Pepperdine Law Review
No abstract provided.
Compulsory Employment Arbitration And The Eeoc, Richard A. Bales
Compulsory Employment Arbitration And The Eeoc, Richard A. Bales
Pepperdine Law Review
No abstract provided.
Travel Abroad, Sue At Home 2012: Forum Non Conveniens & The Enforcement Of Forum Selection And Mandatory Arbitration Clauses, Thomas A. Dickerson
Travel Abroad, Sue At Home 2012: Forum Non Conveniens & The Enforcement Of Forum Selection And Mandatory Arbitration Clauses, Thomas A. Dickerson
Pace Law Review
A common litigation strategy is to sue in the U.S. in federal or state court against a solvent defendant subject to long-arm jurisdiction and the application of U.S. common law or statutory law. Such cases raise a variety of complex liability and procedural issues including liability shifting, jurisdiction, forum non conveniens, and choice of law. This Article will identify various types of travel accidents abroad, and discuss the doctrine of forum non conveniens and the enforceability of forum selection and mandatory arbitration clauses in travel consumer contracts.
The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington
The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington
Pepperdine Law Review
No abstract provided.
The Privatization Of Civil Justice: An Exposition On New York's Prompt Payment Law And Its Imposition Of Mandatory Arbitration, James M. Tsimis
The Privatization Of Civil Justice: An Exposition On New York's Prompt Payment Law And Its Imposition Of Mandatory Arbitration, James M. Tsimis
Touro Law Review
No abstract provided.
Foreward, Nicholas Fox
Keynote Address, John D. Feerick
The Pca's Optional Rules For Arbitration Of Disputes Relating To Outer Space Activities: Bringing Arbitration To Infinity And Beyond, Jesse Baez
Arbitration Law Review
No abstract provided.
Are Arbitrators Right Even When They Are Wrong?: Second Circuit Upholds Arbitral Ruling Allowing Implicit Reference To Class Arbitration, Dustin Morgan
Arbitration Law Review
No abstract provided.
Tenth Circuit Affirms The District Court's Original Decision To Compel Arbitration In An Appeal Made By The Appellant After Losing In Arbitration, Skipper Dean
Arbitration Law Review
No abstract provided.
When A Waiver Isn't Really A Waiver: Eleventh Circuit Establishes New Standard For Waiver Of Right To Arbitrate After Filing Of Amended Complain, Dustin Morgan
Arbitration Law Review
No abstract provided.
The Misapplication And Misinterpretation Of Forum Non Conveniens, Mohita K. Anand
The Misapplication And Misinterpretation Of Forum Non Conveniens, Mohita K. Anand
Arbitration Law Review
No abstract provided.
The 2012 International Chamber Of Commerce Rules Of Arbitration: Meeting The Needs Of The International Arbitration Community In The 21st Century, Meeran Ahn
Arbitration Law Review
No abstract provided.
Fundamentals Of Labor Arbitration, Christen L. Rafuse
Fundamentals Of Labor Arbitration, Christen L. Rafuse
Arbitration Law Review
No abstract provided.
Mediating International Child Abduction Cases: The Hague Convention, Michele Merritt
Mediating International Child Abduction Cases: The Hague Convention, Michele Merritt
Arbitration Law Review
No abstract provided.
Quantifying The Economic Benefits Of Effective Redress: Large E-Commerce Data Sets And The Cost-Benefit Case For Investing In Dispute Resolution, Colin Rule
University of Arkansas at Little Rock Law Review
Demonstrating the economic benefit of investments in fair and effective redress systems has been one of the greatest challenges for dispute resolution. This article uses results from large e-commerce data sets to demonstrate the quantifiable benefit in of investments in effective dispute resolution processes. Specifically, the data is based not on user-reported satisfaction, which can be unreliable, but instead on an analysis of the actual behavior of users before and after a dispute event. The result is hard evidence of the economic benefits from the deployment of effective redress processes, which is relevant to e-commerce service providers, as well as …
Leveling Up To Immersive Dispute Resolution (Idr) In 3-D Virtual Worlds: Learning And Employing Key Idr Skills To Resolve In-World Developer-Participant Conflicts, Lucille M. Ponte
Leveling Up To Immersive Dispute Resolution (Idr) In 3-D Virtual Worlds: Learning And Employing Key Idr Skills To Resolve In-World Developer-Participant Conflicts, Lucille M. Ponte
University of Arkansas at Little Rock Law Review
This article proposes a new conflict resolution approach called "immersive dispute resolution" (IDR) through the use of existing communication and graphical technology in 3-D virtual worlds as well as the collaborative and strategic thinking skills virtual world participants acquire in digital experiences. Specifically, this article begins by discussing research on learning in virtual worlds, with an emphasis on key collaborative conflict resolution skills accumulated through play in virtual environments. Next, this article discusses current dispute resolution processes available in certain 3-D worlds which fail to leverage the technology or collaborative skills available in these environments, and finishes with a call …
An Empirical Study Of Predispute Mandatory Arbitration Clauses In Social Media Terms Of Service Agreements, Michael L. Rustad, Richard Buckingham, Diane D’Angelo, Katherine Durlacher
An Empirical Study Of Predispute Mandatory Arbitration Clauses In Social Media Terms Of Service Agreements, Michael L. Rustad, Richard Buckingham, Diane D’Angelo, Katherine Durlacher
University of Arkansas at Little Rock Law Review
This Article is the first empirical study of the use of predispute mandatory arbitration clauses by social networking sites (SNSs) and sheds light on whether SNSs are using arbitration clauses strategically in order to complete a "liability-free" zone in cyberspace. Our empirical findings reveal that SNS arbitration clauses contravene many of the basic principles deemed indispensable for a fundamentally fair process for consumers to obtain civil recourse for recognized torts and remedies for contract disputes. Congress needs to prohibit predispute mandatory arbitration clauses in terms of service agreements and privacy policies.
Concepcion And Preemption Under The Federal Arbitration Act, Ian D. Mitchell, Richard A. Bales
Concepcion And Preemption Under The Federal Arbitration Act, Ian D. Mitchell, Richard A. Bales
Arbitration Law Review
The Supreme Court held in AT&T Mobility v. Concepcion that a California law declaring class arbitration waivers unconscionable was preempted because it stood as an "obstacle to the accomplishment and execution of the full purposes and objectives" of the Federal Arbitration Act. The Court's Concepcion decision was necessarily based on implied preemption, because the FAA contains no express preemption clause and because there was no textual conflict between the FAA and the California law. Concepcion
At&T Mobility V. Concepcion And The Antidiscrimination Theory Of Faa Preemption, Hiro N. Aragaki
At&T; Mobility V. Concepcion And The Antidiscrimination Theory Of Faa Preemption, Hiro N. Aragaki
Arbitration Law Review
No abstract provided.
Arbitration Innumeracy, Christopher R. Drahozal
Arbitration Innumeracy, Christopher R. Drahozal
Arbitration Law Review
No abstract provided.
The Fallout From At&T Mobility V. Concepcion: Parameters Established By The Interpretation Of Lower Courts, Terry F. Moritz
The Fallout From At&T; Mobility V. Concepcion: Parameters Established By The Interpretation Of Lower Courts, Terry F. Moritz
Arbitration Law Review
No abstract provided.
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand
Arbitration Law Review
No abstract provided.
Book Review: Lucy Reed, Jan Paulsson, And Nigel Blackaby, Guide To Icsid Arbitration (2d Ed., 2011), Jack J. Coe Jr.
Book Review: Lucy Reed, Jan Paulsson, And Nigel Blackaby, Guide To Icsid Arbitration (2d Ed., 2011), Jack J. Coe Jr.
Arbitration Law Review
No abstract provided.
The New French Arbitration Law: One Step Forward, Two Steps Back?, Jesse Baez
The New French Arbitration Law: One Step Forward, Two Steps Back?, Jesse Baez
Arbitration Law Review
No abstract provided.