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Dispute Resolution and Arbitration Commons

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International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Christopher P. DeNicola, Elizabeth M. Hanly, Mauricio Becerra de la Roca Donoso, Diepiriye Anga, James Menz, Guido Carducci, Medhavi Singh, Hanns-Christian Salger, Luping Zhang, Adam Al-Sarraf, Bruno Guandalini, Clifford J. Hendel, Tamari J. Lagilava 2021 Southern Methodist University

International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Christopher P. Denicola, Elizabeth M. Hanly, Mauricio Becerra De La Roca Donoso, Diepiriye Anga, James Menz, Guido Carducci, Medhavi Singh, Hanns-Christian Salger, Luping Zhang, Adam Al-Sarraf, Bruno Guandalini, Clifford J. Hendel, Tamari J. Lagilava

The Year in Review

No abstract provided.


Attempting—And Failing—To Balance Fairness And Efficiency In The Arbitral System: How Arbitration Institutions Are Defeating The Purpose Of Arbitration, Hannah N Myslik 2021 Texas A&M University School of Law (Student)

Attempting—And Failing—To Balance Fairness And Efficiency In The Arbitral System: How Arbitration Institutions Are Defeating The Purpose Of Arbitration, Hannah N Myslik

Texas A&M Law Review

The Supreme Court has actively expanded the Federal Arbitration Act into realms not originally contemplated by Congress. This harms consumers who are parties to pre-dispute, binding arbitration agreements. If consumers sign a contract containing an arbitration agreement, they may be required to arbitrate everything within the agreement’s scope, including their statutory rights. Simultaneously, the Court has restricted class action arbitration—a device on which consumers have relied when they are forced to arbitrate.

The Court’s expansion of arbitration and restriction of class action arbitration has led many to distrust and advocate for changing the arbitral system. Arbitration institutions ...


Contents And Masthead, Amy Jicha 2021 Pepperdine University

Contents And Masthead, Amy Jicha

Pepperdine Dispute Resolution Law Journal

No abstract provided.


The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update, Perry A. Zirkel 2021 Pepperdine University

The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update, Perry A. Zirkel

Pepperdine Dispute Resolution Law Journal

Special education has become a significant area of litigation in the K-12 school context. The impartial hearing officer (“IHO”) is the fulcrum of the adjudicative process under the Individuals with Disabilities Act (“IDEA”). However, the IDEA only provides for two standards for impartiality while the framework of remaining standards are left—via the IDEA’s structure of “cooperative federalism”—to state laws. Ultimately, the courts serve as the chief cartographer for the legal boundaries of IDEA IHO impartiality in their interpretation, gap-filling, and application of the federal and state framework. The previous research relating at least in part to IDEA ...


The Faux Pas Of Automatic Stay Under The Indian Arbitration Act, 1996 - The Hcc Dictum, Two-Cherry Doctrine, And Beyond, Sai Ramani Garimella, Gautam Mohanty 2021 Pepperdine University

The Faux Pas Of Automatic Stay Under The Indian Arbitration Act, 1996 - The Hcc Dictum, Two-Cherry Doctrine, And Beyond, Sai Ramani Garimella, Gautam Mohanty

Pepperdine Dispute Resolution Law Journal

In the matter of Hindustan Construction. Co. v. Union of India, the Honorable Supreme Court of India (“SCI”) was presented with an opportunity to adjudicate upon a petition challenging the constitutional validity of Section 87 of the Arbitration and Conciliation Act of 1996 (“1996 Act”) as inserted by Section 13 of the Arbitration and Conciliation (Amendment) Act of 2019 (“2019 Act"). The legislative insertion stated that amendments made to the 1996 Act by the Arbitration and Conciliation Act of 2015 (“2015 Act”) would not apply to court proceedings arising out of, or in relation to, arbitral proceedings initiated before the ...


Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell 2021 Pepperdine University

Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell

Pepperdine Dispute Resolution Law Journal

Dispute resolution design is an emerging field, both academically and professionally. Attorneys, mediators, and arbitrators, the other roles in the alternative dispute resolution process, have codes of ethics which guide their conduct. Dispute resolution designers, however, have no such guidelines. This article uses the example of mandatory arbitration agreements in the employment context to illustrate why this lack of ethical guidelines for dispute resolutions designers is problematic. In recent years, mandatory arbitration agreements significantly impacted employment law and litigation. The two most problematic provisions that often appear in mandatory arbitration agreements in the workplace context are cost sharing provisions and ...


When Accessing Justice Requires Absence From The Courthouse: Utah’S Online Dispute Resolution Program And The Impact It Will Have On Pro Se Litigants, Julianne Dardanes 2021 Pepperdine University

When Accessing Justice Requires Absence From The Courthouse: Utah’S Online Dispute Resolution Program And The Impact It Will Have On Pro Se Litigants, Julianne Dardanes

Pepperdine Dispute Resolution Law Journal

According to the 2017 Justice Gap Report conducted by Congress’s non-profit Legal Services Corporation (LSC), eighty-six percent of civil legal issues involving low-income Americans received scant or no legal assistance. The number of unrepresented (“pro se”) litigants continues to rise, with low-income Americans constituting a significant portion of this population. Due to the inefficiency of socioeconomically challenged litigants appearing pro se, this article proposes implementing Utah’s court-mandated Online Dispute Resolution (ODR) program as a solution nation-wide. Utah’s ODR program for small claims is revolutionary because it is the first ODR system able to handle an entire dispute ...


Taking A Shot At Mediation Is The Solution To Nba Player-Trade Demands, Jemuel Gascon 2021 Pepperdine University

Taking A Shot At Mediation Is The Solution To Nba Player-Trade Demands, Jemuel Gascon

Pepperdine Dispute Resolution Law Journal

This article proposes that the upcoming CBA in 2024 should include an initial mediation process for voluntarily resolving trade demands. Part two of this article looks at the background of player-trade demands; it looks at past demands in both the NBA and other sports.37 It also explores the pros and cons about player-trade demands and how they affect the NBA.38 Part three of this article proposes that the use of mediation can tame trade demands’ negative side effects and explores the proposition of including a voluntary mediation clause for trade demands on the next CBA negotiations.39 Part ...


Level The Playing Field: Advocating For The Removal Of Major League Baseball’S Prohibition On The Admissibility Of Statcast-Generated Sabermetrics As Evidence In Salary Arbitration Hearings, Christian Podest 2021 Pepperdine University

Level The Playing Field: Advocating For The Removal Of Major League Baseball’S Prohibition On The Admissibility Of Statcast-Generated Sabermetrics As Evidence In Salary Arbitration Hearings, Christian Podest

Pepperdine Dispute Resolution Law Journal

This paper argues that Major League Baseball should amend its Collective Bargaining Agreement (CBA) to remove the outright ban on certain types of statistical evidence to help prove a player’s value. First, the paper briefly describes the history of the compensation system in the MLB and its evolution. Then, it details how final offer arbitration became the default mechanism for resolving compensation disputes between teams and players. The paper subsequently focuses on the Collective Bargaining Agreement’s carve-out of statistical evidence and notes the similarities and differences between Major League Baseball’s evidentiary standards governing salary arbitration hearings and ...


The “Fundies” Of Adr In The Nhl, Niko Tsiouvaras 2021 Pepperdine University

The “Fundies” Of Adr In The Nhl, Niko Tsiouvaras

Pepperdine Dispute Resolution Law Journal

This note seeks to provide to an overview of how the fundamentals (or “fundies” in hockey circles) of ADR can be applied to the NHL’s most pressing issues. It will analyze two areas specifically: the overall CBA negotiations in the big picture and the RFA system in a narrower view. Part II will provide context of the events leading up to the current NHL landscape. It will outline the history of NHL–NHLPA relations, describe the main issues influencing the upcoming CBA negotiations, and explain the workings of the RFA system. Part III will then present and discuss proposed ...


In Contracts We Trust (And No One Can Change Their Mind)! There Should Be No Special Treatment For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor 2021 Pepperdine University

In Contracts We Trust (And No One Can Change Their Mind)! There Should Be No Special Treatment For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Taxing Employers For Imposing Mandatory Arbitration, Class Action Waiver, And Nondisclosure Of Dispute Provisions, Rebecca N. Morrow 2021 Wake Forest University

Taxing Employers For Imposing Mandatory Arbitration, Class Action Waiver, And Nondisclosure Of Dispute Provisions, Rebecca N. Morrow

SMU Law Review

Employers impose coercive dispute resolution terms on their employees more frequently, more broadly, and with greater legal success than ever before. Recent survey data indicates that mandatory employment arbitration provisions bind more than 60 million American workers—over half of the U.S. private-sector nonunion workforce. Employment class action waivers bind nearly 25 million American workers. In 2018, the Supreme Court held 5–4 that mandatory arbitration provisions and class action waivers imposed by employers on their employees do not violate the National Labor Relations Act. These terms prohibit employees from exposing employer wrongdoing in open court, bar employees with ...


Restorative Justice, Law, And Healing, Henry J. Shea 2021 University of St. Thomas School of Law

Restorative Justice, Law, And Healing, Henry J. Shea

University of St. Thomas Law Journal

No abstract provided.


The Role Of Restorative Justice In Addressing Clergy Sexual Abuse And Helping Its Survivors, Tom Johnson, John Choi, Bernard Hebda, Tim O'Malley, Stephanie Wiersma 2021 University of St. Thomas, Minnesota

The Role Of Restorative Justice In Addressing Clergy Sexual Abuse And Helping Its Survivors, Tom Johnson, John Choi, Bernard Hebda, Tim O'Malley, Stephanie Wiersma

University of St. Thomas Law Journal

No abstract provided.


Restorative Revelations, Monica Cosby, Annalise Buth 2021 University of St. Thomas, Minnesota

Restorative Revelations, Monica Cosby, Annalise Buth

University of St. Thomas Law Journal

No abstract provided.


Confessions Of A Catholic Litigator, David A. Shaneyfelt 2021 University of St. Thomas, Minnesota

Confessions Of A Catholic Litigator, David A. Shaneyfelt

University of St. Thomas Law Journal

No abstract provided.


The Tangled Web Of Mass Incarceration: Addressing The School-To-Prison Pipeline Through A Restorative Justice Approach, Artika R. Tyner 2021 University of St. Thomas, Minnesota

The Tangled Web Of Mass Incarceration: Addressing The School-To-Prison Pipeline Through A Restorative Justice Approach, Artika R. Tyner

University of St. Thomas Law Journal

No abstract provided.


Forming Restorative Justice Practitioners: Learning To Make Meaning Of Our Trauma Exposure Response, Mary J. Novak 2021 University of St. Thomas, Minnesota

Forming Restorative Justice Practitioners: Learning To Make Meaning Of Our Trauma Exposure Response, Mary J. Novak

University of St. Thomas Law Journal

No abstract provided.


Healing The Harm: The Effectiveness Of Restorative Justice In Response To Clergy Abuse, Daniel Griffith 2021 University of St. Thomas, Minnesota

Healing The Harm: The Effectiveness Of Restorative Justice In Response To Clergy Abuse, Daniel Griffith

University of St. Thomas Law Journal

No abstract provided.


Keynote Address, Jeanne Bishop 2021 University of St. Thomas, Minnesota

Keynote Address, Jeanne Bishop

University of St. Thomas Law Journal

No abstract provided.


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