Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Dispute Resolution and Arbitration (58)
- Entertainment, Arts, and Sports Law (11)
- International Law (11)
- Commercial Law (9)
- Business Organizations Law (6)
-
- Comparative and Foreign Law (6)
- Constitutional Law (6)
- Securities Law (6)
- Contracts (5)
- Courts (4)
- First Amendment (4)
- Labor and Employment Law (4)
- Litigation (4)
- Civil Procedure (3)
- International Trade Law (3)
- Jurisprudence (3)
- Law and Society (3)
- Military, War, and Peace (3)
- Civil Law (2)
- Consumer Protection Law (2)
- Environmental Law (2)
- Health Law and Policy (2)
- Immigration Law (2)
- Legal Education (2)
- Legal Ethics and Professional Responsibility (2)
- Legal History (2)
- Legislation (2)
- Oil, Gas, and Mineral Law (2)
- Religion Law (2)
- Institution
-
- Selected Works (13)
- Pepperdine University (12)
- Notre Dame Law School (7)
- University of Missouri School of Law (7)
- University of Colorado Law School (3)
-
- University of Georgia School of Law (3)
- University of Michigan Law School (3)
- Marquette University Law School (2)
- Pace University (2)
- SelectedWorks (2)
- St. Mary's University (2)
- University of Miami Law School (2)
- University of Pennsylvania Carey Law School (2)
- Washington and Lee University School of Law (2)
- Boston University School of Law (1)
- Columbia Law School (1)
- Florida State University College of Law (1)
- Latin American and Caribbean Law and Economics Association (1)
- Mitchell Hamline School of Law (1)
- Saint Louis University School of Law (1)
- Santa Clara Law (1)
- St. John's University School of Law (1)
- Texas A&M University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Publication
-
- Journal of Dispute Resolution (6)
- Pepperdine Dispute Resolution Law Journal (6)
- The Journal of Business, Entrepreneurship & the Law (4)
- Arbitrator Charts (3)
- Faculty Publications (3)
-
- Faculty Scholarship (3)
- Publications (3)
- Scholarly Works (3)
- Thomas J. Stipanowich (3)
- All Faculty Scholarship (2)
- Articles (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Harold I. Abramson (2)
- Marquette Sports Law Review (2)
- Michael A Helfand (2)
- Pepperdine Law Review (2)
- St. Mary's Law Journal (2)
- Team Hearing Charts (2)
- Washington and Lee Law Review (2)
- Annie Smith (1)
- Columbia Center on Sustainable Investment Staff Publications (1)
- Georgia Journal of International & Comparative Law (1)
- Hamid Nasseri (1)
- Harshad Pathak (1)
- Jorge E De Hoyos Walther (1)
- Kenneth R. Davis (1)
- MLB Calendars (1)
- Maryland Law Review (1)
- Max Garcia Sanchez (1)
- Michigan Business & Entrepreneurial Law Review (1)
- Publication Type
- File Type
Articles 61 - 74 of 74
Full-Text Articles in Law
Opening The Floodgates Of Small Customer Claims In Finra Arbitration: Finra V. Charles Schwab & Co., Inc., Teresa J. Verges
Opening The Floodgates Of Small Customer Claims In Finra Arbitration: Finra V. Charles Schwab & Co., Inc., Teresa J. Verges
Articles
No abstract provided.
Disaggregative Mechanisms: The New Frontier Of Mass-Claims Resolution Without Class Actions, Jaime Dodge
Disaggregative Mechanisms: The New Frontier Of Mass-Claims Resolution Without Class Actions, Jaime Dodge
Scholarly Works
Aggregation has long been viewed as the primary if not sole vehicle for mass claims resolution. For a half-century, scholars have consistently viewed the consolidated litigation of similar claims through joinder, class actions and more recently multi-district litigation as the only mechanism for efficiently resolving mass claims. In this Article, I challenge that long-standing and fundamental conception. The Article seeks to reconceptualize our understanding of mass claims resolution, arguing that we are witnessing the birth of a second, unexplored branch of mass claims resolution mechanisms — which I term “disaggregative” dispute resolution systems because they lack the traditional aggregation of …
Has Expungement Broken Brokercheck?, Christine Lazaro
Has Expungement Broken Brokercheck?, Christine Lazaro
Faculty Publications
Stockbrokers are subject to one of the most comprehensive public disclosure regimes. They must disclose substantial information about their backgrounds, their employment history, and their disciplinary history. FINRA, the self-regulatory organization that regulates the brokerage industry, also requires that brokers disclose customer complaints and makes much of this information available to the public through an online database called BrokerCheck. The allegations of wrongdoing remain on the broker’s record permanently, unless the broker succeeds at having customer dispute information expunged. The broker is able to accomplish this by requesting that the arbitration panel that hears the customer dispute grant expungement, and …
Whither Bespoke Procedure?, David A. Hoffman
Whither Bespoke Procedure?, David A. Hoffman
All Faculty Scholarship
Increasingly we hear that civil procedure lurks in the shadow of private law. Scholars suggest that the civil rules are mere defaults, applying if the parties fail to contract around them. When judges confront terms modifying court procedures — a trend said to be explosive — they seem all-too-willing to surrender to the inevitable logic of private and efficient private ordering. * How concerned should we be? This Article casts a wide net to find examples of private contracts governing procedure, and finds a decided absence of evidence. I search a large database of agreements entered into by public firms, …
Limits Of Procedural Choice Of Law, S. I. Strong
Limits Of Procedural Choice Of Law, S. I. Strong
Faculty Publications
Commercial parties have long enjoyed significant autonomy in questions of substantive law. However, litigants do not have anywhere near the same amount of freedom to decide procedural matters. Instead, parties in litigation are generally considered to be subject to the procedural law of the forum court.
Although this particular conflict of laws rule has been in place for many years, a number of recent developments have challenged courts and commentators to consider whether and to what extent procedural rules should be considered mandatory in nature. If procedural rules are not mandatory but are instead merely “sticky” defaults, then it may …
Developing A Framework For Arbitrating Standards-Essential Patent Disputes, Jorge L. Contreras, David L. Newman
Developing A Framework For Arbitrating Standards-Essential Patent Disputes, Jorge L. Contreras, David L. Newman
Journal of Dispute Resolution
This article lays the groundwork for the development of such procedures and identifies several key areas requiring further study and deliberation. Particular attention is paid to fundamental questions such as whether SEP arbitration should be mandated by SDOs, which conflicts should be arbitrated, whether arbitral decisions should be confidential, and what form arbitration proceedings should take. While, at this early stage, these difficult questions cannot be answered definitively, this article offers a framework for further discussion that the authors hope will be useful for policy makers, industry participants, and commentators considering these important issues.
Is My Case Mandamusable: A Guide To The Current State Of Texas Mandamus Law., Marialyn Barnard, Lorien Whyte, Emmanuel Garcia
Is My Case Mandamusable: A Guide To The Current State Of Texas Mandamus Law., Marialyn Barnard, Lorien Whyte, Emmanuel Garcia
St. Mary's Law Journal
It is important for all Texas lawyers to be knowledgeable about mandamus relief. Unfortunately, there is no bright line rule in terms of mandamus relief. The general rule for when mandamus relief may be granted is when the trial court clearly abused its discretion, and there is not an adequate remedy available from a court of appeals. A clear of abuse of discretion is determined if no other trial court would have come to the same conclusion. In deciding if mandamus relief is proper, appellate courts apply a balancing test. The appellate court considers several factors including: preserving relator’s substantive …
The Decline Of Civil Jury Trials: A Positive Development, Myth, Or The End Of Justice As We Now Know It?, Xavier Rodriguez
The Decline Of Civil Jury Trials: A Positive Development, Myth, Or The End Of Justice As We Now Know It?, Xavier Rodriguez
St. Mary's Law Journal
Jury participation is helpful in many respects. It fosters an understanding of the third branch of government and the workings of the judicial system. It offers the opportunity for individuals to serve in a unique role: neutral factfinder. Moreover, in an age of declining voter participation, jury service provides individuals with the opportunity to directly participate in our governmental structure. Despite these positive attributes, jury trials as we knew them are on the decline. That may or may not be problematic, depending on what types of cases are being impacted. Where parties have reached a voluntary and informed settlement on …
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich
Thomas J. Stipanowich
Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict was managed, and nowhere was this more true than in the construction sector. Frustration with the costs, delays, risks and limitations of lawyer-driven adjudication prompted growing attention to informal methods aimed at early resolution of disputes, with those who “owned” the dispute back in the driver’s seat. A smorgasbord of options for preventing, managing and resolving conflict was suddenly on the table. There were strategies aimed at the very roots of conflict, including contractual terms aimed at promoting collaboration and reducing the chance of serious …
Living With Adr: Evolving Perceptions And Use Of Mediation, Arbitration And Conflict Management In Fortune 1,000 Corporations, Thomas Stipanowich, Ryan Lamare
Living With Adr: Evolving Perceptions And Use Of Mediation, Arbitration And Conflict Management In Fortune 1,000 Corporations, Thomas Stipanowich, Ryan Lamare
Thomas J. Stipanowich
As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their responses to those of the mid-1990s, clear and significant evolutionary trends are observable, including a further shift in corporate orientation away from litigation and toward …
Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich
Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich
Thomas J. Stipanowich
This commentary examines the growing use of Soft Law - non-binding guidelines that currently play an important role in organizing and conducting commercial arbitration proceedings. Standards such as the UNCITRAL Notes on Organizing Arbitral Proceedings, the ICC Techniques for Controlling Time and Costs in Arbitration, and the Protocols for Expeditious, Cost-Effective Commercial Arbitration have evolved from professional discourse regarding process management and more particular concerns about cost, delay and inefficiency in arbitration. Collectively, these guidelines reflect a growing recognition that deliberate and proactive effort by business users, counsel, arbitrators and provider institutions is critical to making the most of arbitration …
Effect Of Bribery In International Commercial Arbitration, Harshad Pathak, Pratyush Panjwani, Divya Srinivasan, Punya Varma
Effect Of Bribery In International Commercial Arbitration, Harshad Pathak, Pratyush Panjwani, Divya Srinivasan, Punya Varma
Harshad Pathak
The issue of bribery in international commercial arbitration throws up complex issues throughout the proceedings. The given paper addresses the three procedural concerns associated with claims tainted by bribery – arbitrability, admissibility, and investigative powers of arbitral tribunal. Regarding arbitrability, it is amply clear that claims tainted by bribery are no longer non-arbitrable in nature. However, an arbitral tribunal ought to proceed to the merits of the dispute only in the circumstance that such claims are found to be admissible before the tribunal. With respect to admissibility of such claims, the authors suggest that if bribery is shown to exist, …
Party Subordinance In Federal Litigation, Scott Dodson
Party Subordinance In Federal Litigation, Scott Dodson
Scott Dodson
American civil litigation in federal courts operates under a presumption of party dominance. Parties choose the lawsuit structure, factual predicates, and legal arguments, and the court accepts these choices. Further, parties enter ubiquitous ex ante agreements that purport to alter the law governing their dispute, along with a chorus of calls for even more party-driven customization of litigation. The assumption behind this model of party dominance is that parties substantially control both the law that will govern their dispute and the judges that oversee it. This Article challenges that assumption by offering a reoriented model of party subordinance. Under my …
Beit Din's Gap-Filling Function: Using Beit Din To Protect Your Client, Michael A. Helfand
Beit Din's Gap-Filling Function: Using Beit Din To Protect Your Client, Michael A. Helfand
Michael A Helfand
This article considers how rabbinical courts play an important gap-filling role by providing parties with a forum to adjudicate a subset of religious disputes that could not be resolved in court. Under current constitutional doctrine, civil courts cannot adjudicate disputes that turn on religious doctrine and practice. By contrast, rabbinical courts can resolve such disputes--and the decisions of rabbinical courts can then be enforced by civil courts even as those same civil courts could not resolve the dispute in the first instance. In this way, rabbinical courts--like other religious arbitration tribunals--fill a void created by constitutional law, ensuring that parties …