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Dispute Resolution and Arbitration Commons™
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Articles 1 - 4 of 4
Full-Text Articles in Dispute Resolution and Arbitration
Swords Into Plowshares: A Pilgrimage For The Css Alabama, William W. Park
Swords Into Plowshares: A Pilgrimage For The Css Alabama, William W. Park
Faculty Scholarship
During the American Civil War, Britain sold ships to the Southern Confederacy in breach of neutrality obligations, triggering a dispute with the United States carrying threats of armed conflict. Some American politicians saw the dispute as an opportunity to annex Canada, then a weak assemblage of British colonies. Ultimately, arbitration in Geneva averted war, opening an era of long Anglo-American cooperation. The historical consequence of this landmark 1872 arbitration remains difficult to overstate. In addition to its diplomatic importance, the case introduced significant procedural precedents for international arbitration, including dissenting options, reasoned awards, party-appointed arbitrators, collegial deliberations, and arbitrators’ declarations …
Federal Rules Of Platform Procedure, Rory Van Loo
Federal Rules Of Platform Procedure, Rory Van Loo
Faculty Scholarship
Tech platforms serve as private courthouses for disputes about speech, lodging, commerce, elections, and reputation. After receiving allegations of defamatory content in top search results, Google must decide between protecting one person's public image and another's profits or speech. Amazon adjudicates disputes between consumers and third-party merchants about defective or counterfeit items. For many small businesses, layoffs and bankruptcy hang in the balance. This Article begins to uncover the processes that these platforms use to resolve disputes and proposes reforms. Other important businesses that intermediate, such as credit card companies ruling on a disputed charge between a merchant and consumer, …
Introduction To Symposium On "Adr's Place In Navigating A Polarized Era", Nancy A. Welsh
Introduction To Symposium On "Adr's Place In Navigating A Polarized Era", Nancy A. Welsh
Faculty Scholarship
Ours is a nation built for conflict, for friction. Such conflict, while painful, can be good. It can signal newfound agency, and it can be a catalyst for dialogue, customized and creative solutions, and ultimately progress. This is what many dispute resolution academics teach their students. But we are caught in such an extraordinarily polarized time, and many wonder what role ADR can and should play in navigating a polarized era. That was the question addressed by Texas A&M School of Law's March 2020 symposium, with the resulting articles - by Baruch Bush & Peter Miller, Jonathan Cohen, Jill DeTemple, …
Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason
Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason
Faculty Scholarship
This article attempts to uncover some of the systemic ways in which white supremacy is expressed in the practice of mediation in the United States with the goal of inspiring additional conversations and deeper attention to these issues by scholars and practitioners in the field of dispute resolution. Our methodology is to apply the themes in Layla F. Saad’s book, Me and White Supremacy: Combat Racism, Change the World, and Become a Good Ancestor (2020). We use the lenses of tone policing, color-blindness, racial stereotyping, anti-blackness, white silence, and white supremacy to reflect on the following aspects of mediation: communication …