Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Intragroup dissent (2)
- Litigation strategy (2)
- Mediation (2)
- Access to the courts (1)
- Arbitration (1)
-
- Capital defenders (1)
- Capital punishment (1)
- Causes of action (1)
- Collaborative divorce (1)
- Comprehensive law movement (1)
- Cost effectiveness (1)
- Cost shifting (1)
- David Wexler (1)
- Death penalty (1)
- Discovery (1)
- Dispute resolution (1)
- Dispute resolution (1)
- Dissent (1)
- ESI (1)
- Electronic discovery (1)
- Electronically stored information (1)
- England (1)
- Equity (1)
- History (1)
- Jurisprudence (1)
- Law reform (1)
- Lawyering (1)
- Marriage equality (1)
- Middle Ages (1)
- Public goods (1)
Articles 1 - 5 of 5
Full-Text Articles in Dispute Resolution and Arbitration
Therapeutic Jurisprudence, David Wexler
How Lawyers Manage Intragroup Dissent, Scott L. Cummings
How Lawyers Manage Intragroup Dissent, Scott L. Cummings
Chicago-Kent Law Review
This essay, adapted from the keynote speech for the conference, reflects upon how lawyers respond to dissent within social movements—over the goals of social change efforts and the means of pursuing them. Drawing upon case studies from the LGBT rights and labor contexts, it describes specific challenges to managing dissent within “top-down” and “bottom-up” lawyering models. From the top-down, it explores how lawyers in the California marriage equality movement addressed repeated legal challenges over litigation tactics. From the bottom-up, it describes how lawyers for a community-labor coalition dealt with competing conceptions of the public good in a campaign to stop …
Capital Defenders As Outsider Lawyers, Kathryn A. Sabbeth
Capital Defenders As Outsider Lawyers, Kathryn A. Sabbeth
Chicago-Kent Law Review
What role can lawyers play in the internal disputes of a community to which they are outsiders? This essay highlights two core rationales for outsider intervention in support of internal dissent. It examines these rationales in the case of capital defenders from the U.S. North in the U.S. South. The position as an outsider can provide the will and freedom to launch direct attacks on injustice. Frequently, outsiders also bring superior resources for the fight. When outsiders engage in direct social critique, however, they can be accused of cultural imperialism. As an alternative, outsider lawyers can marshal indirect challenges, using …
How To Avoid The Death Of Your Case By Two Billion Paper Cuts: Encouraging Arbitration As An Alternative Way To Resolve Costly Discovery Disputes, Tzipora Goodfriend-Gelernter
How To Avoid The Death Of Your Case By Two Billion Paper Cuts: Encouraging Arbitration As An Alternative Way To Resolve Costly Discovery Disputes, Tzipora Goodfriend-Gelernter
Pepperdine Dispute Resolution Law Journal
This article analyzes the costly effect of electronic information on discovery practice and advocates for the arbitration of discovery disputes. Part II discusses the background of electronic discovery, the evolution of our reliance on ESI (electronically stored information) as part of our modern day discovery practice, and the benefits and detriments of electronic discovery. Part III discusses the effects of our reliance on electronic discovery and the implications of those effects on litigating parties. It examines how the increasingly computer-based world of discovery has increased the cost of litigation disputes significantly and proposes using the patent arbitration model as a …
Parallel Justice: Creating Causes Of Action For Mandatory Mediation, Marie A. Failinger
Parallel Justice: Creating Causes Of Action For Mandatory Mediation, Marie A. Failinger
University of Michigan Journal of Law Reform
The American common law system should adopt court-connected mandatory mediation as a parallel system of justice for some cases that are currently not justiciable, such as wrongs caused by constitutionally protected behavior. As evidence that such a system is practical, this Article describes systemic and ethical parallels between court-connected mediation and the rise of the equity courts in medieval England, demonstrating that there are no insurmountable practical objections to the creation of “mediation-only” causes of action. The Article then explores the constitutional concerns surrounding the idea of “mandatory mediation-only” causes of action, using constitutional hate speech and invasion of privacy …