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Articles 1 - 30 of 3048
Full-Text Articles in Law
Table Of Contents, Nicholas Conti
Table Of Contents, Nicholas Conti
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Rights In Conflict: Examining Investment Treaty Arbitration And Intellectual Property Rights In The Wake Of Russia’S Invasion Of Ukraine, Grace Klutke
The Journal of Business, Entrepreneurship & the Law
This article examines how the armed Ukraine-Russia conflict opened a doorway for a wave of international arbitration via corporate actions against Russia for violating BIT obligations. To provide context for the suggested BIT arbitration against Russia, this article begins with a brief discussion of the historical background of this conflict and investor-state treaty arbitration. This article next pivots to analyze the applicability of investor-state treaty arbitration to compensate lost IP investments in three parts. Part I considers how investor-state treaty arbitration function with ongoing armed conflict and which investors may initiate investor-state treaty claims. Next, Part II reports on the …
Box Office Knockout: The Future Of Theaters In An Industry Racing To Outpace Them, Jakob Stokes
Box Office Knockout: The Future Of Theaters In An Industry Racing To Outpace Them, Jakob Stokes
The Journal of Business, Entrepreneurship & the Law
This article examines the historical and contemporary impacts of antitrust measures in the film industry, focusing on the significant Paramount Decrees which initially aimed to dismantle the monopolistic practices of the "Big Five" and "Little Three" studios. It discusses the evolution of these decrees and their relevance in today's landscape dominated by a new set of major players. The article further explores the current debate surrounding the shortening of the cinematic window of exclusivity, delving into the implications of various premium video on demand services, such as Disney Premier Access, and the arguments both for and against shortened windows. It …
The Legal Liabilities Of Twitch, Amazon’S Livestreaming Subsidiary, Jean Fang
The Legal Liabilities Of Twitch, Amazon’S Livestreaming Subsidiary, Jean Fang
The Journal of Business, Entrepreneurship & the Law
Amazon’s Twitch is the leader of the video game streaming market, controlling 76% of this market in the Americas and Europe. The video gaming market is rapidly expanding, exceeding its entertainment counterparts, including music and film, by wide margins in profits; experts valued the global gaming market at $229.39 billion in 2022 and expect it to grow to $401.32 billion by 2027. Amazon paid $1 billion to acquire Twitch in 2014 in a business move to capture the views of the gaming audience; on Twitch, popular streamers broadcast themselves playing video games to thousands of devoted fans. Based on recent …
Can Online-Only Businesses Constitute Places Of Public Accommodation Under Title Iii Of The Ada?, Nicholas Conti
Can Online-Only Businesses Constitute Places Of Public Accommodation Under Title Iii Of The Ada?, Nicholas Conti
The Journal of Business, Entrepreneurship & the Law
Central to this article is the significant Disability Rights Movement, which aimed to provide equal opportunity and equal access to people with disabilities, while rallying against negative stereotypes and advocating for institutional change. In Martinez v. Cot’n Wash, Inc., the California Court of Appeal for the Second District applied a strict method of textual interpretation to decide that, absent any nexus to a physical location or storefront, a website by itself cannot constitute a place of public accommodation under Title III of the ADA. Part II provides an overview of the Americans with Disabilities Act, focusing on a modern conflict …
Going Cashless: Privacy Implications For Gun Control In A Digital Economy, Liza Goldenberg
Going Cashless: Privacy Implications For Gun Control In A Digital Economy, Liza Goldenberg
The Journal of Business, Entrepreneurship & the Law
This paper will examine how, given the United States’ shift toward a cashless economy, the country’s top credit-card companies’ potential decision to implement a new merchant code for firearm-related transactions as a method of gun control will backfire, jeopardizing consumer privacy and leading to unregulated transactions through cryptocurrencies. Since the majority of gun violence stems from firearm transactions not involving credit cards, credit-card companies should abandon the new merchant code that dissuades Americans from exercising their fundamental rights. The American economy should focus on slowing the shift toward a digital economy so that federal and state governments can implement legislation …
Death, Taxes, And Clean Energy: How The Inflation Reduction Act Harnesses Tax Law To Revitalize American Clean Energy, James A. Ferguson
Death, Taxes, And Clean Energy: How The Inflation Reduction Act Harnesses Tax Law To Revitalize American Clean Energy, James A. Ferguson
The Journal of Business, Entrepreneurship & the Law
This article explores the nature and impact of the IRA’s historic tax reform on U.S. clean energy markets, emphasizing its significance for businesses, American workers, the global community, and the climate. It begins with an overview of federal tax credits for clean energy, comparing German and American approaches to incentivizing clean energy investments. The article then details five key provisions of the IRA, including extensions of the ITC and PTC, creation of new credits, transferability of tax credits, prevailing wage and apprenticeship requirements, and additional tax credits for domestic content and siting. It further analyzes the IRA’s practical implications for …
Unfairly Interchangeable: A Guide For Litigating The Alter Ego Doctrine And Proposal To Codify The Doctrine In California, Nazgole Hashemi
Unfairly Interchangeable: A Guide For Litigating The Alter Ego Doctrine And Proposal To Codify The Doctrine In California, Nazgole Hashemi
The Journal of Business, Entrepreneurship & the Law
This article details various aspects of the “alter ego” doctrine to promote a better and more thorough understanding amongst practitioners. Part II details the substantive aspects of the doctrine, i.e., the two prongs—unity of interest and ownership and whether a corporation’s separate existence would promote injustice or perpetuate fraud. It also analyzes whether and when reverse piercing is recognized in California. Part III describes the procedural aspects of the doctrine, including how and when to pursue it in litigation, while also providing practical litigation tips. Part IV sets forth the author’s proposal for the California legislature to codify the doctrine …
Applicability Of Discharge Exceptions To Corporate Debtors In Subchapter V: A “Death Blow” To Rescuing Small Businesses, Robert J. Landry Iii
Applicability Of Discharge Exceptions To Corporate Debtors In Subchapter V: A “Death Blow” To Rescuing Small Businesses, Robert J. Landry Iii
The Journal of Business, Entrepreneurship & the Law
On August 23, 2019, the Small Business Reorganization Act of 2019 (SBRA) was signed into law, adding a new subchapter to Chapter 11 for small business debtors, i.e. “Subchapter V”. The underlying driver for SBRA was a concern that while most Chapters 11 cases are small business debtors, most small business debtors face difficulty successfully reorganizing under Chapter 11. SBRA is intended to streamline Chapter 11 reorganization for small business debtors by making the process quicker and cheaper. However, SBRA arguably curtailed the scope of discharge when a plan is confirmed without the consent of the creditors for corporate small …
Table Of Contents & Masthead, Reeve Lanigan
Table Of Contents & Masthead, Reeve Lanigan
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Policing/Mediation Nexus: An Autoethnographic Exploration Of The Journey From Police Officer To Certified Mediator, Wendell C. Wallace
The Policing/Mediation Nexus: An Autoethnographic Exploration Of The Journey From Police Officer To Certified Mediator, Wendell C. Wallace
Pepperdine Dispute Resolution Law Journal
By their very nature, policing and mediation are viewed as disparate professions. However, since the inception of policing, police officers have traditionally been involved in managing and handling conflict situations and thus, mediation type interventions have historically been an important component of police work. For the most part, police officers are untrained in mediation; however, many police officers are comfortable serving as go-between for neighbors, families, and communities in conflict using their intuition. As a result of acting as a ‘mediator’ for conflicting parties, without any formal mediation training, many former and current police officers eventually engage in mediation training …
Rebuilding Trust In A Divided Community: An Integrated Approach, Shaphan Roberts
Rebuilding Trust In A Divided Community: An Integrated Approach, Shaphan Roberts
Pepperdine Dispute Resolution Law Journal
Metropolitan cities face a myriad of social challenges, including increased crime, homelessness, and declining business vitality. These issues are interrelated, demanding solutions that are multifaceted and systemic. Solutions backstopped by law enforcement are needed to foster an environment conducive to business growth, job creation, and reducing homelessness. However, a widespread lack of trust in local law enforcement complicates addressing these challenges, highlighting the importance of community engagement and cooperation for effective policing and crime prevention. A comprehensive approach is necessary to address these social challenges. Integrating the stakeholder and sectors models with insights from literature focusing on community policing, economic …
Deserts Still Need Water: Using Adr Processes To Support Rural Residents And Counter The Challenges Stemming From The Shortage Of Lawyers In The “Great American Legal Desert”, Whitney Heuermann
Pepperdine Dispute Resolution Law Journal
Researchers dub rural America the “Great American Legal Desert,” deriving its nickname from the fact that roughly 20% of the nation's population lives in rural America while only 2% of small law practices are located in rural areas. This comment proposes that an increase in alternative dispute resolution (ADR) programming and usage serves as a viable avenue to alleviate the lawyer shortage’s harmful effects in rural America. This note begins by generally identifying ADR’s pros, such as cost, privacy, and community preservation, and then correlating these advantages to various aspects of rural America. ADR programming in Kentucky, Idaho, and Kansas …
Letter From The Editor, Reeve Lanigan
Letter From The Editor, Reeve Lanigan
Pepperdine Dispute Resolution Law Journal
To foster dialogue and encourage community engagement surrounding these issues, this year The Pepperdine Dispute Resolution Law Journal (DRLJ) hosted its annual symposium in collaboration with the Straus Institute for Dispute Resolution and the Weinstein International Foundation to explore how elements of alternative dispute resolution can apply to community policing strategies to prevent and deescalate crime. The symposium, “The Tactics of Resolution: Exploring International Innovation in Law Enforcement and Conflict Resolution,” brought students, law enforcement officials, academics, and policymakers together to engage in enriching conversations on how to establish safer and more harmonious global community
Not Your Mother’S Marriage: Utilizing Intergenerational Trauma-Informed Divorce Mediation To Discourage Unhealthy Relational Cycles In Children Of Divorce, Abigail Davis
Pepperdine Dispute Resolution Law Journal
This article discusses how divorce mediators can discourage cycles of broken relationships and reduce a child’s likelihood of experiencing intergenerational trauma as a result of the dissolution of their parents’ marriage. Divorce mediators must become knowledgeable about the impact of intergenerational trauma and the most favorable mediation outcomes for the wellbeing of the children involved. This includes encouraging families into an optimal settlement, referring parties to important resources for proactive parenting, making necessary mental health referrals, and enhancing the lives of children experiencing divorce. A mediator well-equipped with a strong referral system and cross-disciplinary knowledge of social, emotional, and behavioral …
A Polygamist Proposal: How Dispute Resolution Techniques Provide Solutions In The Polygamy Debate, Ellie Martinez
A Polygamist Proposal: How Dispute Resolution Techniques Provide Solutions In The Polygamy Debate, Ellie Martinez
Pepperdine Dispute Resolution Law Journal
In 2020, Utah passed a bill decriminalizing polygamy. However, this legislation only addresses the peripheral interests of polygamous families as many are still disadvantaged. This comment argues the application of dispute resolution techniques would have resulted in a better solution than the current legislation by increasing value-creation for everyone involved. Part II sets the foundation by delving into the treacherous history of polygamy at both the state level in Utah and the Federal level in the United States. Part III details the passing of the Bigamy Amendments. Part IV identifies relevant parties—many of whom were left out of consideration when …
The New Elephant In The Room: Why All Professionals Need To Learn About Personality Disorders, Bill Eddy
The New Elephant In The Room: Why All Professionals Need To Learn About Personality Disorders, Bill Eddy
Pepperdine Dispute Resolution Law Journal
Approximately 10% of adults worldwide have a personality disorder, according to the diagnostic manual of mental health professionals currently known as the DSM-5-TR. Unlike other mental health diagnoses, personality disorders are primarily interpersonal disorders leading to frequent conflicts with those around the person due to enduring patterns of rigid behavior, exaggerated interpretation of events, difficulty managing emotions, and impulse control problems. Yet dispute resolution professionals and other professionals generally have little knowledge of personality disorders and the role they play in their work, especially with “difficult” clients or “high conflict” disputes. Indications suggest personality disorders are increasing in family disputes, …
Digital Coercive Control (Dcc): The Role Of Platforms In Victims’ (In)Justice And Potential For Online Dispute Resolution, Reeve Lanigan
Digital Coercive Control (Dcc): The Role Of Platforms In Victims’ (In)Justice And Potential For Online Dispute Resolution, Reeve Lanigan
Pepperdine Dispute Resolution Law Journal
Domestic violence (DV) is a form of gender-based violence characterized by acts of coercion whereby a perpetrator employs power and control to isolate, surveil, harass, and abuse a current or former intimate partner. The rise of and reliance on digital technologies, especially social networking sites, have intensified gender-based violence and methods of perpetuating DV. The term Digital Coercive Control (DCC) describes mechanisms perpetrators use to stalk, harass, and abuse current or former partners in cyberspace through technological platforms and their associated social media sites. The widespread expansion and power allocated to social networking sites and technology platforms has perpetuated the …
Expanding The Role Of Victim-Offender Mediation In The Criminal Justice System: Mediating Cases Of Involuntary Manslaughter, Doyeon Kim
Pepperdine Dispute Resolution Law Journal
Involuntary manslaughter is distinguishable from other types of murder by the perpetrator’s lack of intent to kill. This lack of intent suggests that restorative justice programs, specifically victim-offender mediation, may be a better alternative compared to the traditional adversarial criminal justice system because offenders can express their remorse and victims can receive closure through a facilitated dialogue. Limiting the scope of remedies in criminal proceedings to incarceration has led to serious financial and societal ramifications, as well as harmful psychological and emotional repercussions by failing to address the underlying lasting impacts of crime on victims, offenders, loved ones, and the …
In The Shadow Of The Law: Applying Therapeutic Approaches To Sexual Harassment Conflicts In The Context Of #Metoo, Michal Alberstein, Shira Rosenberg-Lavi
In The Shadow Of The Law: Applying Therapeutic Approaches To Sexual Harassment Conflicts In The Context Of #Metoo, Michal Alberstein, Shira Rosenberg-Lavi
Pepperdine Dispute Resolution Law Journal
This article comprises a firsthand account of working as a university Sexual Harassment Commissioner (SHC), a role that manifests a combination of law and advanced conflict resolution practice. It offers a working model grounded in alternative justice principles to address sexual harassment and other, similar types of conflict. The resultant therapeutic and conflict resolution approach may apply to other institutions and other areas of law and society as well. Moreover, it fits in well during the era of #MeToo, where women raised their voices to challenge grave offenses such as rape, as well as attitudes, patterns, and allegedly “small” and …
Eldercaring Coordination: The New Dispute Resolution Process To Address The Age-Old Problem Of Old-Age, Fran L. Tetunic
Eldercaring Coordination: The New Dispute Resolution Process To Address The Age-Old Problem Of Old-Age, Fran L. Tetunic
Pepperdine Dispute Resolution Law Journal
Eldercaring Coordination refers to a dispute resolution process which seeks to address the needs of senior family members. This new process aims to solve conflicts concerning the lives and finances of aging family members. It arises from the need to provide elders a voice in important decisions concerning their lives and guide families in high conflict disputes towards productive decision-making focused on the best interests of the elderly. The eldercaring coordinator works with legally-authorized decision-makers and other participants to resolve disputes related to an elderly person’s safety and autonomy. The United Nations recognizes eldercaring coordination as an Action Model for …
Fitting The Communication Forum To The Mediation Fuss: Choosing The Appropriate Communication Mode For Mediation In The Post-Pandemic World, Dorcas Quek Anderson
Fitting The Communication Forum To The Mediation Fuss: Choosing The Appropriate Communication Mode For Mediation In The Post-Pandemic World, Dorcas Quek Anderson
Pepperdine Dispute Resolution Law Journal
Since the COVID-19 pandemic, mediations have shifted dramatically from face-to-face settings to the virtual realm, resulting in the widespread acceptance of using virtual communication channels, including videoconferencing, audio calls, and text messaging. With the waning of the pandemic, mediators and parties presently face a plethora of choices in fitting their mediation to the appropriate communication channel. Thus, having an accurate, evidence-based understanding of different communication modes’ impact on mediation is necessary to design an optimal mediation process. Some decades ago, Sander and Goldberg formulated the phrase “fitting the forum to the fuss” to describe the process of choosing the most …
Is The Use Of Artificial Intelligence In Alternative Dispute Resolution A Viable Option Or Wishful Thinking?, Samuel D. Hodge Jr.
Is The Use Of Artificial Intelligence In Alternative Dispute Resolution A Viable Option Or Wishful Thinking?, Samuel D. Hodge Jr.
Pepperdine Dispute Resolution Law Journal
This article delves into the evolving relationship between artificial intelligence (AI) and the legal profession, particularly in the context of alternative dispute resolution (ADR). The introduction sets the stage by highlighting AI's transformative potential in reshaping legal practice through automation, efficiency, and data-driven insights. While acknowledging the uncertainty surrounding AI's long-term impact on the legal landscape, it emphasizes the need for investigation and adaptation as the technology evolves. Key considerations, such as AI technology's limitations, regulatory challenges, and ethical implications, are also addressed. Despite the promises of efficiency and accessibility, questions remain about AI's ability to replicate human reasoning and …
From Hunch To Analysis: Risk Management In Tiered Dispute Resolution Processes, Troy L. Harris
From Hunch To Analysis: Risk Management In Tiered Dispute Resolution Processes, Troy L. Harris
Pepperdine Dispute Resolution Law Journal
The dispute resolution is process is filled with risk that decision-makers must identify, analyze, and manage. Risks can include unclear and conflicting objectives and uncertainties regarding strategic alternatives. While many litigators are adept at identifying these risks, systematic analysis and management of them is not typically part of lawyers’ education or training. And yet there is a rich body of management scholarship devoted to risk analysis and decision-making based upon multiple criteria. This article brings the insights of this management literature to bear upon a phenomenon commonly found in relational contracting, the “tiered” dispute resolution process. The article demonstrates that …
Decentralized Dispute Resolution: Using Blockchain Technology And Smart Contracts In Arbitration, Christoph Salger
Decentralized Dispute Resolution: Using Blockchain Technology And Smart Contracts In Arbitration, Christoph Salger
Pepperdine Dispute Resolution Law Journal
Can blockchain technology and smart contracts be used in the context of alternative dispute resolution, particularly arbitration, turning traditional procedures on their head? This article discusses various possible applications of blockchain technology and smart contracts in ADR. In particular, it addresses the possibility of fully automated execution of arbitral awards using a smart contract through so-called escrow mechanisms. Subsequently, it presents two promising approaches of so-called Decentralized Dispute Resolution (DDR), including Expert-Pooling and Crowdarbitration. DDR generally involves decisions made jointly by multiple or even all participants in a network (usually a blockchain network), rather than by just one or two …
Economic Sanctions And Article V(2)(B) Of The New York Convention: A Touchy Interaction Exacerbated By The Ukraine-Russia Conflict, Alberto Pomari
Economic Sanctions And Article V(2)(B) Of The New York Convention: A Touchy Interaction Exacerbated By The Ukraine-Russia Conflict, Alberto Pomari
Pepperdine Dispute Resolution Law Journal
States have deployed an unprecedented wave of unilateral sanctions in response to the Russian invasion of Ukraine. They have also escalated the political connotation of economic sanctions by aggressively implementing them extraterritorially. This exercise of lawfare, substituting economic sanctions for armed conflict, raises the question of whether to consider unilateral sanctions elements of public policy within the meaning of Article V(2)(b) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This article seeks to clarify the interplay between Article V(2)(b) and economic sanctions. Explaining the two different approaches that domestic courts implement worldwide, recent court …
Cover, Table Of Contents & Masthead, Mariam Antony
Cover, Table Of Contents & Masthead, Mariam Antony
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Job Incidence Numbers In Social Security Disability Claims: A Case Study And Analysis, Kevin Liebkemann
Job Incidence Numbers In Social Security Disability Claims: A Case Study And Analysis, Kevin Liebkemann
Journal of the National Association of Administrative Law Judiciary
The Social Security Administration (SSA) processes numerous disabled worker applications each year. In adult disability claims, SSA employs a strict five-step sequential disability evaluation to decide whether a person is disabled. Many adult Social Security Disability claimants either win or lose at the fifth and final step, where an SSA adjudicator decides whether there is “a significant number of jobs (in one or more occupations) having requirements which you are able to meet with your physical or mental abilities and vocational qualifications.” This article examines the vocational evidence that SSA uses to decide the significant number of jobs issue. It …
Diabetes Management Of Incarcerated Individuals: Is The Federal Bureau Of Prisons Contributing To Worsening Diabetic Conditions?, Mariam Antony
Diabetes Management Of Incarcerated Individuals: Is The Federal Bureau Of Prisons Contributing To Worsening Diabetic Conditions?, Mariam Antony
Journal of the National Association of Administrative Law Judiciary
There are many issues related to noncommunicable disease care in federal prisons, which fall under the management of the U.S. Bureau of Prisons, a federal agency. Although there are many noncommunicable diseases, this comment specifically focuses on diabetes because of its prevalence (how common it is in individuals), especially in incarcerated individuals. Prison and incarceration are not conducive to the management of diabetes because diabetes may not even show symptoms until an individual mismanages the disease for a long time. An individual could first appear normal and then suffer a diabetic emergency, which could lead to consequences like heart attack …
Legal Summaries Of Administrative Law Cases, Keyana Young
Legal Summaries Of Administrative Law Cases, Keyana Young
Journal of the National Association of Administrative Law Judiciary
No abstract provided.