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Articles 1 - 24 of 24

Full-Text Articles in Law

Enforcement Of Icsid Convention Arbitral Awards In U.S. Courts, Abby Cohen Smutny, Anne D. Smith, Mccoy Pitt Apr 2016

Enforcement Of Icsid Convention Arbitral Awards In U.S. Courts, Abby Cohen Smutny, Anne D. Smith, Mccoy Pitt

Pepperdine Law Review

No abstract provided.


Court Assistance In Arbitration—Some Observations On The Critical Stand-By Function Of The Courts, Jan K. Schaefer Apr 2016

Court Assistance In Arbitration—Some Observations On The Critical Stand-By Function Of The Courts, Jan K. Schaefer

Pepperdine Law Review

No abstract provided.


Introduction: International Arbitration And The Courts, Donald Earl Childress Iii, Jack J. Coe Jr., Lacey L. Estudillo Apr 2016

Introduction: International Arbitration And The Courts, Donald Earl Childress Iii, Jack J. Coe Jr., Lacey L. Estudillo

Pepperdine Law Review

What role do national courts play in international arbitration? Is international arbitration an “autonomous dispute resolution process, governed primarily by non-national rules and accepted international commercial rules and practices” where the influence of national courts is merely secondary? Or, in light of the fact that “international arbitration always operates in the shadow of national courts,” is it not more accurate to say that national courts and international arbitration act in partnership? On April 17, 2015, the Pepperdine Law Review convened a group of distinguished authorities from international practice and academia to discuss these and other related issues for a symposium ...


The Emergence Of Mediation In Korean Communities, Peter Robinson, J. Youngjin Lee, J. Kwang Ho Lim, Ryul Kim Feb 2016

The Emergence Of Mediation In Korean Communities, Peter Robinson, J. Youngjin Lee, J. Kwang Ho Lim, Ryul Kim

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Foreign And Religious Family Law: Comity, Contract, And The Constitution, Ann Laquer Estin Feb 2015

Foreign And Religious Family Law: Comity, Contract, And The Constitution, Ann Laquer Estin

Pepperdine Law Review

The article focuses on role of the U.S. courts in confronting religious laws in dispute resolution of various cases of domestic relations, contracts, and torts. Topics discussed include role of secular courts in maintaining constitutional balance between the free exercise and establishment clauses, constitutional challenges faced by religious adherents, and importance of legal pluralism in the U.S.


Rethinking The “Religious-Question” Doctrine, Christopher C. Lund Feb 2015

Rethinking The “Religious-Question” Doctrine, Christopher C. Lund

Pepperdine Law Review

The “religious question” doctrine is a well-known and commonly accepted notion about the First Amendment’s Religion Clauses. The general idea is that, in our system of separated church and state, courts do not decide religious questions. And from this premise, many things flow — including the idea that courts must dismiss otherwise justiciable controversies when they would require courts to resolve religious questions. Yet a vexing thought arises. The religious-question doctrine traditionally comes out of a notion that secular courts cannot resolve metaphysical or theological issues. But when one looks at the cases that courts have been dismissing pursuant to ...


Introduction: Religious Law In The 21st Century, Michael A. Helfand Feb 2015

Introduction: Religious Law In The 21st Century, Michael A. Helfand

Pepperdine Law Review

An introduction is presented in which the editor discusses various articles present in symposium including role of the U.S. courts in interpreting religious laws, practice of religious laws in secular states, and political, and legal structures of Jewish and Islamic identities.


The Equal Rights Amendment And The Courts, Mary C. Dunlap May 2013

The Equal Rights Amendment And The Courts, Mary C. Dunlap

Pepperdine Law Review

No abstract provided.


The Judicial Politics Of Obscenity , Robert Rosenblum May 2013

The Judicial Politics Of Obscenity , Robert Rosenblum

Pepperdine Law Review

No abstract provided.


To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin May 2013

To Impeach Or Not To Impeach: The Stability Of Juror Verdicts In Federal Courts, Paul Jeffrey Wallin

Pepperdine Law Review

No abstract provided.


Not So Far Away: Visiting With Women Judges In China, Ann Marshall Young Apr 2013

Not So Far Away: Visiting With Women Judges In China, Ann Marshall Young

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil Apr 2013

Similarities And Differences Between Judges In The Judicial Branch And The Executive Branch: The Further Evolution Of Executive Adjudications Under The Administrative Central Panel, Christopher B. Mcneil

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Reaching Out Or Overreaching: Judicial Ethics And Self-Represented Litigants , Cynthia Gray Apr 2013

Reaching Out Or Overreaching: Judicial Ethics And Self-Represented Litigants , Cynthia Gray

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Education For Judicial Aspirants, Keith R. Fisher Mar 2013

Education For Judicial Aspirants, Keith R. Fisher

Journal of the National Association of Administrative Law Judiciary

Introductory judicial education (IJE) is an avenue for improving both appointive and elective systems of judicial selection. The impetus for considering this topic can be traced back to lingering unease with judicial selection and the ongoing (though now somewhat stagnant) debate over merit selection. Moreover, changes in the nature of law practice and the judicial role over the past several decades have rendered the gap between those two activities increasingly large. Moreover, surveys of minority communities have consistently demonstrated a far lower degree of confidence in the impartiality and fairness of our nation’s judges. IJE is an effort to ...


Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe Jan 2013

Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe

Pepperdine Law Review

No abstract provided.


Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield Nov 2012

Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield

Pepperdine Law Review

No abstract provided.


Dealing With The Problem: Discretion Within The Court System, David Disco, Lisa Greer, Socrates Manoukian Oct 2012

Dealing With The Problem: Discretion Within The Court System, David Disco, Lisa Greer, Socrates Manoukian

Pepperdine Law Review

No abstract provided.


The Appeals Process, Thomas M. Reavley, Thomas E. Baker, William M. Richman Oct 2012

The Appeals Process, Thomas M. Reavley, Thomas E. Baker, William M. Richman

Pepperdine Law Review

No abstract provided.


2020 Year-End Report On The Judiciary By The Chief Justice Of The United States, Thomas E. Baker Oct 2012

2020 Year-End Report On The Judiciary By The Chief Justice Of The United States, Thomas E. Baker

Pepperdine Law Review

No abstract provided.


Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky Oct 2012

Law Enforcement And Criminal Law Decisions, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.


Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet Jul 2012

Hypothetical Jurisdiction And Interjurisdictional Preclusion: A "Comity" Of Errors, Ely Todd Chayet

Pepperdine Law Review

No abstract provided.


Testimony For Sale: The Law And Ethics Of Snitches And Experts, George C. Harris Jul 2012

Testimony For Sale: The Law And Ethics Of Snitches And Experts, George C. Harris

Pepperdine Law Review

No abstract provided.


First Options Of Chicago, Inc. V. Kaplan And The Kompetenz-Kompetenz Principle , Adrianna Dulic Apr 2012

First Options Of Chicago, Inc. V. Kaplan And The Kompetenz-Kompetenz Principle , Adrianna Dulic

Pepperdine Dispute Resolution Law Journal

In 1995, the United States Supreme Court in First Options of Chicago, Incorporated v. Kaplan considered whether arbitral tribunals or courts should have the primary power to decide if parties agreed to arbitrate the merits of the dispute and whether the court of appeals should accept the district court's findings of fact and law or apply a de novo standard of review. The Court unanimously held that, unless the parties clearly and unmistakably provide otherwise, the question of whether the parties agreed to arbitrate is to be decided by the court, not the arbitral tribunal. Furthermore, in such a ...


Settlement : An Empirical Documentation Of Judicial Settlement Conferences Practices And Techniques, Peter R. Robinson Mar 2009

Settlement : An Empirical Documentation Of Judicial Settlement Conferences Practices And Techniques, Peter R. Robinson

Peter R. Robinson

This article documents the results of a survey of California civil trial judges regarding their practices and techniques in settlement conferences. It provides empirical evidence regarding the extent that settlement judges focus on explaining legal strengths and weaknesses compared to satisfying the underlying needs, goals, fears, or feelings. It also documents the prevalence of directive, as compared to illicitive, techniques in judicial settlement conferences. Scholars and practitioners interested in a judicial view of the settlement conference practices should be interested in this article.