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Dispute Resolution and Arbitration Commons™
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Articles 1 - 3 of 3
Full-Text Articles in Dispute Resolution and Arbitration
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Arbitration V. Litigation: The Right To Appeal And Other Misperceptions Fueling The Preference For A Judicial Forum, Rebecca Callahan
Arbitration V. Litigation: The Right To Appeal And Other Misperceptions Fueling The Preference For A Judicial Forum, Rebecca Callahan
ExpressO
Alternatives to litigation have blossomed over the past quarter century and include a wide variety of practices. Among those alternatives is private arbitration where the parties submit their disputes to a neutral for binding resolution in a nonjudicial setting. Among the hallmarks of the arbitration process are its flexibility, privacy and expediency. Another cornerstone of arbitration is that it offers finality, which generally translates into less time and money spent on the dispute resolution process. Even though there are clear benefits associated with arbitration, it is not the preferred method for resolving civil disputes. To the contrary, there is a …