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Dispute Resolution and Arbitration Commons

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History, Creative Imagination And Forgiveness In Mediation On An International State, Paul J. Zwier 2014 SelectedWorks

History, Creative Imagination And Forgiveness In Mediation On An International State, Paul J. Zwier

Paul J Zwier

This article discusses Paul Ricoeur’s moral philosophy as a tool for the mediation of international disputes. It will argue that Ricoeur’s hermeneutics provides a lens to examine how a mediator can use language to explore with representative peacemakers a deeper sense of their histories as a pathway to creative imagination and problem solving. It will show how even and perhaps especially religious disputants can be led into a more profound sense of the complexity of their identity and history, in order to be able to discover a sense of urgency and responsibility necessary to be open to taking ...


History, Creative Imagination And Forgiveness In Mediation On An International State, Paul J. Zwier 2014 SelectedWorks

History, Creative Imagination And Forgiveness In Mediation On An International State, Paul J. Zwier

Paul J Zwier

This article discusses Paul Ricoeur’s moral philosophy as a tool for the mediation of international disputes. It will argue that Ricoeur’s hermeneutics provides a lens to examine how a mediator can use language to explore with representative peacemakers a deeper sense of their histories as a pathway to creative imagination and problem solving. It will show how even and perhaps especially religious disputants can be led into a more profound sense of the complexity of their identity and history, in order to be able to discover a sense of urgency and responsibility necessary to be open to taking ...


Cash Of The Titans: Arbitrating Challenges To Executive Compensation, Kenneth R. Davis 2014 SelectedWorks

Cash Of The Titans: Arbitrating Challenges To Executive Compensation, Kenneth R. Davis

Kenneth R. Davis

Excessive executive compensation is endemic to U.S. corporations, and the trend is spiraling out of control. To challenge excessive pay packages, shareholders sometimes institute derivative suits. This approach has had limited success, however, because several principles of law – most notably the business judgment rule – shield directors from liability for awarding exorbitant pay to high-level managers. The business judgment rule removes the unreasonableness of compensation packages from the reach of judicial review. This Article proposes that corporations duly approve procedures to arbitrate shareholder challenges to excessive compensation agreements. Arbitration is uniquely suited for this purpose. Arbitrators are not bound by ...


Language And Power In A Place Of Contingencies: Law And The Polyphony Of Self-Representation, Jonathan Yovel 2014 NELLCO

Language And Power In A Place Of Contingencies: Law And The Polyphony Of Self-Representation, Jonathan Yovel

New York University Public Law and Legal Theory Working Papers

How does language mediate action, communication and relations in legal settings not "contaminated" by the mediation of professional counsel? What is its interaction with, and what does it do to the concerns that drove litigants to seek institutional justice in the first place (or are cast into defensive roles?) How to approach these question in the context of communities diversified by ethnicity, gender, language, religion, education, income, age — whose members nevertheless meet in the same courtroom, where they must speak to authority as well as to each other in the role of institutional antagonists?

This paper, presenting empirical and interpretative ...


Behavioral International Law, Tomer Broude 2014 SelectedWorks

Behavioral International Law, Tomer Broude

Tomer Broude

Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral ...


From Integration To Multiculturalism: Dr. King's Dream Fifty Years Later, Al Sturgeon 2014 Pepperdine University

From Integration To Multiculturalism: Dr. King's Dream Fifty Years Later, Al Sturgeon

Pepperdine Dispute Resolution Law Journal

The author offers information on transformation from integration to multiculturalism in the U.S. He states that tolerance became a popular term following the victories achieved in the Civil Rights Era and choice between segregation and integration was a familiar topic of the Era. He mentions that a call for integration to the multiculturalism movement underlies an attempt to move beyond legal recognition to an appreciation of differences.


The English Approach To Compétence-Compétence, Ozlem Susler 2014 Pepperdine University

The English Approach To Compétence-Compétence, Ozlem Susler

Pepperdine Dispute Resolution Law Journal

The article examines the Great Britain legislation and practice in compétence-compétence and provides an overview of British approach to arbitral jurisdiction. It states that there are two effects of the principle of compétence-compétence, the positive effect permit arbitral tribunals to make a ruling on their own jurisdiction to hear the dispute and negative effect restricts court to provide the tribunal an opportunity to determine its own jurisdiction.


Sino-American Contract Bargaining And Dispute Resolution, Garrick Apollon 2014 Pepperdine University

Sino-American Contract Bargaining And Dispute Resolution, Garrick Apollon

Pepperdine Dispute Resolution Law Journal

The article offers information on international trade disputes between the U.S. and China. Topics include economic interdependency of Sino-American trade, cross-legal and cross-cultural relationships between the U.S. and China, and the historical and cultural preference for Alternative Dispute Resolution (ADR) in China. Other topics include learning of cross-cultural management and international business negotiation.


Today's Children, Tomorrow's Protectors: Purpose And Process For Peer Mediation In K-12 Education, Raija Churchill 2014 Pepperdine University

Today's Children, Tomorrow's Protectors: Purpose And Process For Peer Mediation In K-12 Education, Raija Churchill

Pepperdine Dispute Resolution Law Journal

The article offers information on the evolution, development, and role for peer mediation programs (PMPs) in K-12 education (kindergarden-12th class education), which acts as a dispute resolution tool that provides training to students assisting in mediation of conflicts in their schools in the U.S. It examines the effectiveness of the PMPs' for training students related to achievement of educators' goal to derive safety in the U.S. schools.


“Final” Awards Reconceptualized: A Proposal To Resolve The Hall Street Circuit Split, Matthew J. Brown 2014 Pepperdine University

“Final” Awards Reconceptualized: A Proposal To Resolve The Hall Street Circuit Split, Matthew J. Brown

Pepperdine Dispute Resolution Law Journal

This article discusses the current circuit split over the continued validity of manifest disregard of the law (“manifest disregard”) as a nonstatutory ground for vacatur of arbitration awards under the Federal Arbitration Act (“FAA”). Today, as commercial parties decide whether to include arbitration agreements in their business contracts, they weigh the risks of proceeding to arbitration versus litigation to resolve their disputes. This topic is especially pertinent in light of the current economic climate. Dicta from the U.S. Supreme Court’s decision in Hall Street Associates, L.L.C. v. Mattel, Inc. called into question the continued validity of ...


Even Adr Must Pay Its Dues: An Analysis Of The Evolution Of The Internal Revenue Service's Adr Programs And Where They Still Need To Grow, Stephen Folan 2014 Pepperdine University

Even Adr Must Pay Its Dues: An Analysis Of The Evolution Of The Internal Revenue Service's Adr Programs And Where They Still Need To Grow, Stephen Folan

Pepperdine Dispute Resolution Law Journal

The article offers information on the evolution, development and effectiveness of the alternative dispute resolution (ADR) programs in the Internal Revenue Service (IRS) appeals system. It analyzes the history of the IRS's post-appeal mediation and arbitration systems and advocates adoption of its contemporary commercial arbitration principles to increase the ADR program's desirability for both the taxpayers and the IRS. It proposes cost-effective measures for dispute resolution processes.


Trademark Owner's Strategy: Litigation Versus The Udrp, Jessica Sganga 2014 Pepperdine University

Trademark Owner's Strategy: Litigation Versus The Udrp, Jessica Sganga

Pepperdine Dispute Resolution Law Journal

The article offers information on the enactment, development, and significance of the Lanham Act, the Federal Trademark Diluting Act (FTDA), the Anticybersquatting Consumer Protection Act (ACPA), and the Uniform Domain-Name Dispute-Resolution Policy (UDRP) to address the challenges arising out of the domain name registration process in the U.S. It informs that these acts provides assistance in safeguarding the rights of trademark owners against the domain name registrants.


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 2014 Pepperdine University

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 ...


Positive Prognosis For Judges: A Look Into Judge-Directed Negotiations In Medical Malpractice Cases, Kristine Gamboa 2014 Pepperdine University

Positive Prognosis For Judges: A Look Into Judge-Directed Negotiations In Medical Malpractice Cases, Kristine Gamboa

Pepperdine Dispute Resolution Law Journal

The article examines the effectiveness of the judge-directed negotiation program in the Unified Court System of New York State under the analysis of various medical malpractice lawsuits, which plays a vital role in the legislational reform in the field of medical malpractice. It informs that Douglas McKeon, Judge of the Bronx County Supreme Court had developed the concept of judge-directed negotiations. It overviews the praises and criticisms behind the success of the program.


The Case For Forgiveness In Legal Disputes, Eileen Barker 2014 Pepperdine University

The Case For Forgiveness In Legal Disputes, Eileen Barker

Pepperdine Dispute Resolution Law Journal

The article offers information on the education and understanding of forgiveness, which assists lawyers and mediators in supporting their clients in the area of forgiveness. It discusses two types of forgiveness relevant to legal disputes including bilateral forgiveness and unilateral forgiveness, and briefs common misconceptions about forgiveness. It analyzes that the essence of forgiveness is the giving up of resentment, anger, and hatred.


When More Than Sorry Matters, Lee Taft 2014 Pepperdine University

When More Than Sorry Matters, Lee Taft

Pepperdine Dispute Resolution Law Journal

The article offers information on the legal aspects of apologizing and its place in dispute resolution. The typology of apology under the book "Mea Culpa" of sociologist Nicholas Tavuchis is mentioned, which distinguishes between authentic and inauthentic apologies. It reports that authentic apology acknowledges the legitimacy of the violated rule through speech, admits fault for its violation and expresses regret for the harm caused by the violation.


Apology, Forgiveness, Reconciliation & Therapeutic Jurisprudence, Susan Daicoff 2014 Pepperdine University

Apology, Forgiveness, Reconciliation & Therapeutic Jurisprudence, Susan Daicoff

Pepperdine Dispute Resolution Law Journal

The article offers information on the definition of the apology, forgiveness, and reconciliation processes. It discusses the relationship between these concepts and explains the benefits of practical use of apology, forgiveness, and reconciliation in the law. It informs that these concepts provide an effective healing to dispute or conflicts between individuals, groups, or institutions.


Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado 2014 Pepperdine University

Facilitating Forgiveness And Reconciliation In “Good Enough” Marriages, Solangel Maldonado

Pepperdine Dispute Resolution Law Journal

The article offers information on the long-term effects of divorce on children and parents under the analysis of the social science literatures. It informs that the U.S. Courts should encourage reconciliation between low-discord parents which in turn would help to save their marriage and protect their children from negative psychological effects of their divorce.


Just Apologies: An Overview Of The Philosophical Issues, Nick Smith 2014 Pepperdine University

Just Apologies: An Overview Of The Philosophical Issues, Nick Smith

Pepperdine Dispute Resolution Law Journal

In this article, the author offers overview of his book "I Was Wrong: The Meanings of Apologies" published in the year 2008, which provides a theoretical framework for apologies from individuals and from groups. He informs that the book explains meanings of apologies from individuals and collectives and focuses on the development of framework to law.


The Thorny Issue Of Forgiveness: A Psychological Perspective, Julie Juola Exline 2014 Pepperdine University

The Thorny Issue Of Forgiveness: A Psychological Perspective, Julie Juola Exline

Pepperdine Dispute Resolution Law Journal

The article offers information on the concept and process of forgiveness from a psychological point of view. It discusses several decisions based on the challenging issue of forgiveness, which determines the purpose, timing, and effectiveness to assist forgiveness in avoiding risk to the forgiver. It informs that the forgiveness is relevant in cases where one person clearly commits some offense against another under conditions of envy, jealousy, and unhealed wounds.


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