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Table Of Contents, 2018 University of Missouri School of Law

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


Title Page, 2018 University of Missouri School of Law

Title Page

Journal of Dispute Resolution

No abstract provided.


The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells 2018 University of Missouri School of Law

The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells

Journal of Dispute Resolution

This Symposium addresses our continuing issues with campus speech conflicts. It aims to help us recognize that speech conflicts are not abstract disputes between ideas – Justice Holmes’s famous rhetoric notwithstanding. Rather our words and ideas represent underlying conflicts between very real people and groups. The speech we use may cause, exacerbate, or resolve conflicts. Sometimes the Supreme Court’s free speech doctrine can aid our understanding and resolution of these conflicts. Other times it cannot. Regardless, simply relying on a First Amendment frame – i.e., claiming that it is one’s right to express oneself in a par-ticular way ...


Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff 2018 University of Missouri School of Law

Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff

Journal of Dispute Resolution

By their very charge, institutions of higher education are intended to serve as venues for exploring personal ideologies, promoting intellectual curiosity, and en-couraging vigorous debate about contested issues. However, when an institution and its core values come into direct conflict with viewpoints that are fundamentally inconsistent with those values, the dissonance created by the clash of perspectives can be profound. Fundamental differences in perspective on highly charged issues and topics have become recurring themes for universities in the United States. From campus speakers, to speaker protests, to demonstrations in support of free speech and a range of other inclusion and ...


Generating A Dissolution Process At The University Of Missouri: A Student Perspective, Evonnia S. Woods 2018 University of Missouri School of Law

Generating A Dissolution Process At The University Of Missouri: A Student Perspective, Evonnia S. Woods

Journal of Dispute Resolution

Although student protests and campus politics during the Fall of 2015 on the University of Missouri’s flagship campus were far more complex than depicted in the media, the point remains that student protests revealed many shortcomings of the University. One of these shortcomings was the lack of a policy-driven dissolution process which, amongst other things, resulted in national critique of how student protests and student demands were handled.


Free Speech Conflict: What We Learned At Middlebury College, Baishakhi Taylor 2018 University of Missouri School of Law

Free Speech Conflict: What We Learned At Middlebury College, Baishakhi Taylor

Journal of Dispute Resolution

On February 16, Middlebury’s President, Dr. Laurie L. Patton, received an invitation from a student group called the American Enterprise Institute Club (AEI) to give opening remarks at a lecture by a speaker they had invited to campus. The Club was Middlebury’s student chapter of the AEI,8 a conservative think-tank based in Washington, D.C., which has student clubs all across the coun-try. The speaker was Dr. Charles Murray, an American political scientist who is now an AEI emeritus scholar. This was not Dr. Murray’s first visit to the College. He had previously visited the campus ...


Beyond The Narratives: How Free Speech In Higher Education Is Truly Restricted, Azhar Majeed 2018 University of Missouri School of Law

Beyond The Narratives: How Free Speech In Higher Education Is Truly Restricted, Azhar Majeed

Journal of Dispute Resolution

Over the past year, much of the national conversation surrounding freedom of speech on college campuses has focused on controversial speakers, including those invited by students or student groups as well as those appearing on campus without an invitation. The debate continues to rage on as to whether university communities should allow allegedly offensive speakers to come to campus and spew their hateful views; whether universities have an obligation to foot the bill for the security they deem necessary to host such an event; and whether disruptions of speaker events are indicative of decreased tolerance on the part of today ...


Our Obligation: Protecting Free Speech And Fostering Inclusive Environments, Patricia Telles-Irvin 2018 University of Missouri School of Law

Our Obligation: Protecting Free Speech And Fostering Inclusive Environments, Patricia Telles-Irvin

Journal of Dispute Resolution

There is much discussion and debate these days on college campuses on how to protect freedom of expression while, at the same time, cultivate an inclusive en-vironment that promotes learning for all members of the community. While it is clear that freedom of expression is fundamental to the mission of an institution of higher education, creating an inclusive community can be challenging when toxic speech, under the protection of the First Amendment, aims only to demean and marginalize groups of individuals with no true redeeming value to advance knowledge. If our core mission is to educate by allowing the expression ...


Framing Campus Free Expression Conflict Through A Dispute Resolution Optic: Insights For Campus Leaders, Robert H. Jerry II 2018 University of Missouri School of Law

Framing Campus Free Expression Conflict Through A Dispute Resolution Optic: Insights For Campus Leaders, Robert H. Jerry Ii

Journal of Dispute Resolution

This Essay, with campus leaders as its intended audience (i.e., presidents, chancellors, provosts, deans, department chairs, and faculty, staff, and student governance leaders), maintains that acquaintance with constructs familiar to dispute resolution scholars and practitioners can deepen understanding of free expression conflict on college campuses, increase self-awareness and enhance leaders’ ability to act consciously and purposively in response to conflict, and help equip campus leaders with useful tools for managing conflict when it arises. This Essay will stress framing, but many constructs in the dispute resolution field illuminate the techniques and skills campus leaders need if they are to ...


“It All Started With A Mouse”: Resolving International Trademark Disputes Using Arbitration, Ashlyn Calhoun 2018 University of Missouri School of Law

“It All Started With A Mouse”: Resolving International Trademark Disputes Using Arbitration, Ashlyn Calhoun

Journal of Dispute Resolution

This Comment will address how arbitration can resolve international trademark disputes by examining the nature of both international disputes and trademark disputes. In order to do so, Part II will discuss the nature of domestic and international trademark disputes. Part III will examine the benefits of using arbitration in place of litigation. Finally, Part IV will evaluate the use of arbitration to resolve trademark disputes.


The Jury Is Out: Mandating Pre-Treatment Arbitration Clauses In Patient Intake Contracts, Sarah Sachs 2018 University of Missouri School of Law

The Jury Is Out: Mandating Pre-Treatment Arbitration Clauses In Patient Intake Contracts, Sarah Sachs

Journal of Dispute Resolution

This Comment advocates against the use of mandatory arbitration clauses in healthcare providers’ patient intake contracts and discusses the interplay between federal and state statutes that create disparities in enforceability and unenforceability of mandatory arbitration clauses in state courts. Part II discusses the history of mandatory arbitration and its development in healthcare providers’ patient intake contracts. Part III examines state statutory limitations on pre-treatment arbitration clauses. Finally, Part IV addresses how courts analyze these agreements and possible approaches to avoid mandatory arbitration arising in healthcare providers’ patient intake contracts.


Journal Description, 2018 University of Missouri School of Law

Journal Description

Journal of Dispute Resolution

No abstract provided.


The Centrality Of Ongoing Relationships, Jacob Appelsmith 2018 University of Missouri School of Law

The Centrality Of Ongoing Relationships, Jacob Appelsmith

Journal of Dispute Resolution

Should anyone feel positive after a day of discussing the First Amendment in the context of threats to American universities and colleges from Nazis, white su-premacists, anarchists, and others using the campus as the staging ground for disruption and violence? Yes, because it was clear from the Center for the Study of Dispute Resolution’s (“CSDR”) Symposium, at the University of Missouri School of Law, that the evolution in thought over the past year on how institutions of higher education should handle these challenges is truly remarkable. The speakers as a body demonstrated that if an institution is thoughtful in ...


Four Questions About Free Speech And Campus Conflict, Jennifer Gerarda Brown 2018 University of Missouri School of Law

Four Questions About Free Speech And Campus Conflict, Jennifer Gerarda Brown

Journal of Dispute Resolution

Rather than presenting theories or truths about free speech and campus conflict, this Essay instead offers four questions—derived from lessons I have learned as a teacher, scholar, and practitioner of dispute resolution—that might shed some light on best practices in campus free speech disputes. These are considerations one might want to take into account before deciding who may speak, what they may say, and how those questions ought to be answered in any given situation. The four questions are these: What is the context for this dispute? Do the parties have an ongoing relationship? Is it fair to ...


The Modern Arbitration Frankenstein: The Rise And Fall Of The Consumer Financial Protection Bureau’S Arbitration Rule, Nick Leyh 2018 University of Missouri School of Law

The Modern Arbitration Frankenstein: The Rise And Fall Of The Consumer Financial Protection Bureau’S Arbitration Rule, Nick Leyh

Journal of Dispute Resolution

This Comment will analyze the CFPB’s proposed rule prohibiting companies from including a ban on class actions within their arbitration provisions. The CFPB’s proposed rule5 has created a political firestorm, resulting in strong opposition to the ban on class action waivers amongst both House and Senate legislators. Further, the current proposed rule has already been rejected by the House, utilizing the Congressional Review Act, an act passed in 1996 that allows the legislature to “fast-track” votes on legislation with only a simple majority from both houses of Congress, to enable a vote. The debate that surrounded the rule ...


“Hardly Be Said To Offer An Education At All”: Endrew And Its Impact On Special Education Mediation, Grant Simon 2018 University of Missouri School of Law

“Hardly Be Said To Offer An Education At All”: Endrew And Its Impact On Special Education Mediation, Grant Simon

Journal of Dispute Resolution

As the standards for special education students in America rise, the need to handle the resulting disputes arises as well. Special education disputes are a common yet emotional process for all parties involved. Such disputes can result in a split between the family and the school district- a split that can potentially leave negative consequences on the student. In 1975, Congress, realizing the personal nature and prevalence of special education issues, passed what would become the Individuals with Disabilities Education Act (IDEA). The IDEA offers states federal funds to assist in educating children with disabilities. This Act also authorizes the ...


Private Universities And The First Amendment, Ben Trachtenberg 2018 University of Missouri School of Law

Private Universities And The First Amendment, Ben Trachtenberg

Journal of Dispute Resolution

This Article questions whether private colleges and universities should act as though the First Amendment applies to them in the same way it constrains the policy of public colleges and universities. Specifically, the Article examines the common suggestion—by laypersons, lawyers, and scholars alike—that private universities ought to tolerate offensive, hateful, bigoted speech because the values animating First Amendment jurisprudence are similar to those guiding the decisions of good universities committed to free inquiry and the open exchange of ideas. It then notes that this suggestion, while commonly made, is rarely defended with much rigor or vigor. The Article ...


The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki 2018 Selected Works

The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki

Hiro Aragaki

No abstract provided.


A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky 2018 Brooklyn Law School

A Fork In The Road: Issues Surrounding The Legality Of Mandatory Class Action Waivers In Arbitration Agreements, Brielle Oshinsky

Brooklyn Journal of Corporate, Financial & Commercial Law

Recently, federal circuit courts have presented contrasting outcomes regarding the legality of mandatory class action waivers in arbitration agreements. More specifically, these outcomes vary on whether such waivers violate the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA), and importantly, whether it is possible for these statutes to coexist with the Federal Arbitration Act (FAA). The Second, Fifth, and Eighth Circuits have previously held that the act of an employer requiring employees to sign class action waivers in arbitration agreements posed no violation to either the FLSA or the NLRA. However, in May 2016, the Seventh ...


Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski 2018 Brooklyn Law School

Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski

Brooklyn Journal of International Law

As the world has transitioned from national; isolated economies with localized issues into a globalized and interconnected economy with cross-border disputes; the law has struggled to keep up. Recent trade negotiations have highlighted the difficulty states face in promoting trade; while also creating a fair; accessible; and equitable forum for producers and consumers with nationalities touching every area of the globe. For several decades; Investor-State Dispute Settlement (ISDS) has been in place to address claims brought by foreign investors against the host states. External improvements have helped support foreign direct investment and the ISDS model of dispute resolution; such as ...


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