Small Print, Big Impact: Examining The Effects Of Forced Arbitration, 2024 Benjamin N. Cardozo School of Law
Small Print, Big Impact: Examining The Effects Of Forced Arbitration, Myriam E. Gilles
Testimony
Testimony Before the U.S. Senate Committee on the Judiciary
Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, 2024 Alexander Blewett III School of Law at the University of Montana
Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn
Student Scholarship
A catalog of the Local ADR Rules for the Montana Judicial District Courts, including rules about settlement conferences, mediation, and informal domestic relations trials.
Real Practice Systems Annotated Bibliography, 2024 University of Missouri School of Law
Real Practice Systems Annotated Bibliography, John Lande
Faculty Publications
Real Practice Systems (RPS) theory holds that practitioners’ practice systems are based on their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and the cases in their work. RPS analysis can be used in many dispute resolution roles such as mediator, advocate in mediation, negotiator, and litigator generally. In mediation, practitioners develop categories of cases, parties, and behavior patterns that lead them to design routine procedures and strategies for dealing with recurring challenges before, during, and after mediation sessions.
RPS theory is the culmination of much of the work in my scholarly career. The bibliography …
Importance Of Mediation In The Workplace, 2024 Yeshiva University, Cardozo School of Law
Importance Of Mediation In The Workplace, Cardozo Labor And Employment Law Society
Flyers 2023-2024
No abstract provided.
Cardozo Dispute Resolution Society Presents: Wine Negotiation, 2024 Yeshiva University, Cardozo School of Law
Cardozo Dispute Resolution Society Presents: Wine Negotiation, Cardozo Dispute Resolution Society, Cardozo Wine Society
Flyers 2023-2024
No abstract provided.
Lopez V. Cintas Corporation: Another Interstate Headache, 2024 Texas A&M University School of Law
Lopez V. Cintas Corporation: Another Interstate Headache, Kyle Chrisman
Texas A&M Law Review
This Note analyzes a 2022 Fifth Circuit opinion concerning two issues: first, whether local delivery drivers are engaged in interstate commerce, and second, who decides challenges to arbitrability. In Lopez v. Cintas Corporation, the Fifth Circuit first held that local delivery drivers are not engaged in interstate commerce because they do not play a direct and necessary role in interstate commerce. Second, the court held that the arbitrator decides challenges to the validity of arbitrability when the challenge could also, if successful, attack the validity of the entire contract. The Fifth Circuit used incorrect reasoning, overemphasizing the crossing of …
The Intra-Eu Bit Dilemma And The Enforcement Of Awards Outside The Eu: A Solution For Investors After The Cjeu Shut The Door To Their Cases?, 2024 Penn State Law
The Intra-Eu Bit Dilemma And The Enforcement Of Awards Outside The Eu: A Solution For Investors After The Cjeu Shut The Door To Their Cases?, Denny Peixoto
Arbitration Law Review
No abstract provided.
Digital Hearings — In Arbitration And Litigation, 2024 Penn State Law
Digital Hearings — In Arbitration And Litigation, Colby E. Scott
Arbitration Law Review
No abstract provided.
The Multilateral Investment Court: Necessary Isds Reform Or Self-Fulfilling Prophecy?, 2024 Penn State Law
The Multilateral Investment Court: Necessary Isds Reform Or Self-Fulfilling Prophecy?, Fahira Brodlija
Arbitration Law Review
No abstract provided.
Reigning In Infinite Consumer Arbitration Agreements: A Comment On The Eleventh Circuit's Calderon V. Sixt Rent A Car, 2024 Penn State Law
Reigning In Infinite Consumer Arbitration Agreements: A Comment On The Eleventh Circuit's Calderon V. Sixt Rent A Car, Ava Mccartin
Arbitration Law Review
No abstract provided.
Consequences Of The Indian Gaming Regulatory Act On Arbitrability: A Comment On Seneca Nation Of Indians V. New York, 2024 Penn State Law
Consequences Of The Indian Gaming Regulatory Act On Arbitrability: A Comment On Seneca Nation Of Indians V. New York, Amy Zigarovich
Arbitration Law Review
No abstract provided.
Federal District Courts May Not Assist Discovery Efforts In Connection With Proceedings Before Arbitral Tribunals Constituted Under The Icsid, 2024 Penn State Law
Federal District Courts May Not Assist Discovery Efforts In Connection With Proceedings Before Arbitral Tribunals Constituted Under The Icsid, Victor De Oliveira Leite
Arbitration Law Review
No abstract provided.
Uncompelled: Circuits Split Over The Pre-Hearing Discovery Powers Of Arbitrators, 2024 Penn State Law
Uncompelled: Circuits Split Over The Pre-Hearing Discovery Powers Of Arbitrators, Maya Rashid
Arbitration Law Review
No abstract provided.
Three's A Crowd: The Eu Should Safeguard Against Third-Party Funding, 2024 Penn State Law
Three's A Crowd: The Eu Should Safeguard Against Third-Party Funding, Rita Portenti
Arbitration Law Review
No abstract provided.
Two's Company, Three's A Crowd: An Exploration Of Non-Signatory Parties' Ability To Bring An Action Under Arbitration And Its Impact On International Commercial Arbitration, 2024 Penn State Law
Two's Company, Three's A Crowd: An Exploration Of Non-Signatory Parties' Ability To Bring An Action Under Arbitration And Its Impact On International Commercial Arbitration, Amber Zelko
Arbitration Law Review
No abstract provided.
Table Of Contents, 2024 Penn State Law
Foreword, 2024 Penn State Law
Sovereign Immunity From Execution Of Foreign Arbitral Awards In India: The "New" Kid On The (Super) Pro-Arbitration Block, 2024 Penn State Law
Sovereign Immunity From Execution Of Foreign Arbitral Awards In India: The "New" Kid On The (Super) Pro-Arbitration Block, Ylli Dautaj
Arbitration Law Review
No abstract provided.
Rico's Long Arm, 2024 Texas A&M University School of Law
Rico's Long Arm, Randy D. Gordon
Faculty Scholarship
RICO has for over 50 years presented something of a parlor game for lawyers, mostly because its text leaves wide latitude in interpretation. And, as is often the case with RICO, resolution of one question begets more. The Supreme Court’s recent decision in Yegiazaryan v. Smagin proves no exception. Here, the Court brought some clarity to a question left open by RJR Nabisco: viz, what must one plead and prove to satisfy the “domestic injury” requirement necessary to invoke an extraterritorial application of RICO. The Court held that a foreign plaintiff can indeed, given the right facts and circumstances, establish …
Expanding The Ban On Forced Arbitration To Race Claims, 2024 Texas A&M University School of Law
Expanding The Ban On Forced Arbitration To Race Claims, Michael Z. Green
Faculty Scholarship
When Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFASASHA”) in March 2022, it signaled a major retreat from the Supreme Court’s broad enforcement of agreements to force employees and consumers to arbitrate discrimination claims. But the failure to cover protected discriminatory classes other than sex, especially race, tempers any exuberance attributable to the passage of EFASASHA. This Article prescribes an approach for employees and consumers to rely upon EFASASHA as a tool to prevent both race and sex discrimination claims from being forced into arbitration by employers and companies. This approach relies upon procedural …