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Articles 31 - 33 of 33

Full-Text Articles in Law

Preface, Ryan D. O'Dell Jan 2000

Preface, Ryan D. O'Dell

Journal of Dispute Resolution

No abstract provided.


Turning The Ship Of State, Jeffrey M. Senger Jan 2000

Turning The Ship Of State, Jeffrey M. Senger

Journal of Dispute Resolution

In his thoughtful article on the future of ADR, Professor Frank Sander notes, "On Monday, Wednesday and Friday, I think we've made amazing progress. On Tuesday, Thursday and Saturday, ADR seems more like a grain of sand on the adversary system beach."' In the federal government, I believe things are somewhat better than that. Perhaps five days out of seven I am impressed with the progress of the government in implementing ADR, particularly in the last ten years, which I will describe below. The other two days, like Professor Sander, I become more discouraged as we run into one of …


Search To Clarify An Elusive Standard: What Relationships Between Arbitrator And Party Demonstrate Evident Partiality - Anr Coal Co. V. Cogentrix Of North Carolina, Inc., The, Jennifer C. Bailey Jan 2000

Search To Clarify An Elusive Standard: What Relationships Between Arbitrator And Party Demonstrate Evident Partiality - Anr Coal Co. V. Cogentrix Of North Carolina, Inc., The, Jennifer C. Bailey

Journal of Dispute Resolution

In Commonwealth Coatings Corp. v. Continental Casualty Co.,3 the Supreme Court adopted a standard to determine and define an arbitrator's evident partiality in arbitration proceedings. Lower courts have relied on the Court's treatment of the issue, but this reliance has proved problematic, and led to both federal and state courts adopting inconsistent standards of evident partiality. This Casenote will examine the problems of Commonwealth, its impact on the standards of arbitrator partiality over the past thirty years, its continuing influence on the recent Fourth Circuit Court of Appeals decision in ANR Coal Co. v. Cogentrix of North Carolina, Inc., and …