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Full-Text Articles in Law
Forty Years On, Practitioners, Parties, And Scholars Look Ahead, Thomas D. Barton, James P. Groton
Forty Years On, Practitioners, Parties, And Scholars Look Ahead, Thomas D. Barton, James P. Groton
Faculty Scholarship
No abstract provided.
The Parts Are Greater Than The Sum: What I Learned From My Mediation Clinic Students, Floralynn Einesman
The Parts Are Greater Than The Sum: What I Learned From My Mediation Clinic Students, Floralynn Einesman
Faculty Scholarship
I co-created the Mediation Clinic at California Western School of Law (hereafter CWSL) with my colleague Linda Morton in 1996 to provide students the opportunity to learn the process of mediation and to mediate live disputes in the community. We recognized the importance of “soft skills” such as communication, collaboration, initiative, and adaptability and therefore we sought to create an experiential learning opportunity for the students that encouraged them to nurture those skills. We wanted to teach students conflict resolution skills and to have them work together to use those skills to help individuals in the community resolve actual disputes. …
Symposium Introduction: Advancing Intellectual Property Goals Through Prevention And Alternative Dispute Resolution, Thomas Barton, James M. Cooper
Symposium Introduction: Advancing Intellectual Property Goals Through Prevention And Alternative Dispute Resolution, Thomas Barton, James M. Cooper
Faculty Scholarship
This essay offers a brief background to the issues that prompted a global exploration of alternative methods for preventing and resolving IP disputes. Part One describes the exploding importance of IP rights and law and consequent challenges to court adjudication. Part Two offers a snapshot of current IP enforcement methods: traditional and emerging, public and private, domestic and international. Part Three suggests factors toward matching IP problems with alternative procedures for their effective resolution. Finally, woven throughout this essay is a recommendation of stronger involvement by public domestic or international bodies in dispute prevention and ADR methods.
William Howard Taft And The Taft Arbitration Treaties, John E. Noyes
William Howard Taft And The Taft Arbitration Treaties, John E. Noyes
Faculty Scholarship
Part I of this Essay explains Taft's interest in international law, placing it in historical context. Part II, outlines key features of the treaties and explores the debate over their ratification. Part III then reflects on the significance of the treaties.
Arbitration's Summer Soldiers Marching Into Fall: Another Look At Eisenberg, Miller, And Sherwin's Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Nancy Kim
Faculty Scholarship
Our empirical study examines the role and importance of arbitration clauses in standard form contracts, primarily with other businesses. While much has been written about the impact of mandatory arbitration clauses in consumer contracts, relatively little has been written on mandatory arbitration clauses in customer agreements where the customer was a business and not an individual consumer. In this Article, we specifically address the findings presented in Theodore Eisenberg, Geoffrey Miller, and Emily Sherwin’s study, Arbitration’s Summer Soldiers: An Empirical Study of Arbitration Clauses in Consumer and Nonconsumer Contracts.1 Our study finds that many businesses employ mandatory arbitration clauses in …
Bargaining Power And Background Law, Nancy Kim
Bargaining Power And Background Law, Nancy Kim
Faculty Scholarship
Power in contract law typically refers to the bargaining strength of each contracting party in relation to the other. In assessing the relative bargaining power of each party, courts and commentators often consider factors specific to the parties, such as socio-economic status and education level. In this Essay, I suggest another factor that affects the power of the parties in negotiating or modifying their agreement, one that I refer to as the "background law." The background law is the substantive law that governs the subject matter of the contract. This Essay focuses specifically on the background law of copyrights and …
The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda H. Morton, Floralynn Einesman
The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda H. Morton, Floralynn Einesman
Faculty Scholarship
Using Bush and Folger’s transformative framework and psychological theory, the authors posit that mediation can play a role in changing the behavior of incarcerated juveniles by its focus on empathy and self-empowerment. After a brief description of their mediation clinic in Juvenile Hall, the authors assess the effects of the clinic in transforming its participants through data gathered.