University of Missouri School of Law
Notre Dame Law School
Georgetown University Law Center
Pepperdine University
University of Northern Iowa
Marquette University Law School
Northwestern University School of Law
Reviving The Transit Pipeline Treaty Of 1977: How A Michigan Pipeline Could Bring The Us And Canada To Arbitration,
2023
Penn State Law
Reviving The Transit Pipeline Treaty Of 1977: How A Michigan Pipeline Could Bring The Us And Canada To Arbitration, Megan Geuss
Arbitration Law Review
No abstract provided.
Seeing Race As We Are: Avoiding, Arguing, Aspiring,
2023
Centre for the Study of Social Cohesion, Department of Anthropology and Museum Ethnography, Oxford University
Seeing Race As We Are: Avoiding, Arguing, Aspiring, Michael A. Cowan
New England Journal of Public Policy
Racial conflict in the United States pushes people to positions of argument or avoidance, more or less intensely and for varying lengths of time, depending on external events like the murder of George Floyd. Neither stance produces the conversations required to seek common ground and compromise around racial issues. Argument alone deepens divisions and avoidance leaves them to metastasize in the social body. In an attempt to go beneath these two positions, this article first explains the role and form of interpretation in all conflict and dispute resolution and how it is shaped. Then it examines the concepts and strategies …
The Dangers Of Arbitrating Racial Discrimination Claims: A Comment On Bosse V. New York Life,
2023
Penn State Law
The Dangers Of Arbitrating Racial Discrimination Claims: A Comment On Bosse V. New York Life, Max Aufderheide
Arbitration Law Review
No abstract provided.
Party Choice Outweighs Unconscionability In Eleventh Circuit Religious Arbitration: A Comment On Garcia V. Church Of Scientology Flag Serv. Org.,
2023
Penn State Law
Party Choice Outweighs Unconscionability In Eleventh Circuit Religious Arbitration: A Comment On Garcia V. Church Of Scientology Flag Serv. Org., Megan Dougherty
Arbitration Law Review
No abstract provided.
Let’S Have A Clean Fight: Trout V. Organizacíon Mundial De Boxeo, Inc.,
2023
Penn State Law
Let’S Have A Clean Fight: Trout V. Organizacíon Mundial De Boxeo, Inc., Michael J. Wehrman
Arbitration Law Review
No abstract provided.
Leave It To The Courts: Why Child Custody Arbitration Is Improper,
2023
Penn State Law
Leave It To The Courts: Why Child Custody Arbitration Is Improper, Bridgette Woodford
Arbitration Law Review
No abstract provided.
Arbitration Amendments In Egypt: How Egyptian Arbitration Law Will Impact International Arbitration And Foreign Business In Egypt,
2023
Penn State Law
Arbitration Amendments In Egypt: How Egyptian Arbitration Law Will Impact International Arbitration And Foreign Business In Egypt, Rebecca Brady
Arbitration Law Review
No abstract provided.
The Breakdown Of The International Commercial Arbitration System: The Kabab-Ji Case,
2023
Penn State Law
The Breakdown Of The International Commercial Arbitration System: The Kabab-Ji Case, Shaun Hay
Arbitration Law Review
No abstract provided.
Striking The Wrong Note: Is Mandatory Arbitration More Effective Than The Traditional Strike System?,
2023
Penn State Law
Striking The Wrong Note: Is Mandatory Arbitration More Effective Than The Traditional Strike System?, Taylor Washington
Arbitration Law Review
No abstract provided.
The Sustainability Of The International Contract Between The Notions Of: “Pacta Sunt Servanda” And “Things Thus Standing”: Reflections On The Interpretative Power Of The Arbitrator,
2023
King Faisal University
The Sustainability Of The International Contract Between The Notions Of: “Pacta Sunt Servanda” And “Things Thus Standing”: Reflections On The Interpretative Power Of The Arbitrator, Imed Bejeoui
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
The incidence of disruptive circumstances of the balance initially projected by the parties to an international contract may put an end to it or render it an excessively onerous load for one of the contracting parties. In that context, the role of the arbitrator is vital. The mission of the arbitrator is particularly problematic in the situation that the parties had not formally predicted for the changes probable to affect the performance of the contract in their agreement. The arbitrator will be asked to decide on the destiny of the contract confronted by execution difficulties. Supposedly, two alternatives are presented. …
The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley,
2023
Dartmouth College
The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric Vr Hryniewicz
Geography Undergraduate Senior Theses
Floods are the most damaging natural disasters in America. Land use change in upland watersheds can increase the probability and severity of floods (Bronstert, Niehoff, & Burger, 2002). When watersheds are divided by political and private property boundaries it leads to a misalignment of incentives in which downstream users lack recourse for upstream land use decisions contributing to flood risk. In this thesis, researchers interrogate the attributes of town officials and towns that determine what motivates town governments to act on flooding and what motivates and enables town officials to collaborate on planning and how do they collaborate in practice. …
Table Of Contents & Masthead,
2023
Pepperdine University
Table Of Contents & Masthead, Patrick Babajanian
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Use Of Arbitration Clauses By Social Media Websites: A Critique,
2023
Pepperdine University
The Use Of Arbitration Clauses By Social Media Websites: A Critique, Kavya Jha, Ananya Singh
Pepperdine Dispute Resolution Law Journal
The arbitration clauses contained in the Terms of Services (ToS) of most social media websites mandate arbitration and the waiver of class arbitration.1 In light of this reality, this article seeks to analyze the legal position with respect to mandatory arbitration and class arbitration waiver in the United States, India, and European Union (EU). It compares and juxtaposes the respective positions in these three jurisdictions to find that whereas the United States has been pro-arbitration to the extent of being detrimental to consumer interest, India has adopted an overly protectionist approach, while the EU has adopted an effective model to …
St(D)Reaming Resolution: Crowd-Based Stepped Online Dispute Resolution For Professional Gamers, Vtubers & Streamers,
2023
Pepperdine University
St(D)Reaming Resolution: Crowd-Based Stepped Online Dispute Resolution For Professional Gamers, Vtubers & Streamers, Benjamin Davies
Pepperdine Dispute Resolution Law Journal
This paper proposes and creates a novel method to resolve disputes between content creators, Vtubers, Professional Gamers, and streamers by utilizing a crowd based stepped dispute resolution system upheld and voted on by viewers, shareholders, and the streaming company: Twitch or YouTube. To reach this goal, the proposal will include comparisons to the current dispute resolution system used by Twitch and YouTube; a proposed online dispute resolution system; diagrams of the proposal; key performance indexes (KPI’s); utilization of arbitral analytics with artificial intelligence to create a fair and balanced resolution system; and some predictions on the future of the industry …
Is There A Role For Conflict Photography In Conflict Resolution? It's Complicated,
2023
Pepperdine University
Is There A Role For Conflict Photography In Conflict Resolution? It's Complicated, Joseph Clift
Pepperdine Dispute Resolution Law Journal
In this essay, I argue that conflict photography has an important and useful role in conflict understanding and resolution. While conflict images’ usefulness has been debated, I argue that its importance has not. I start with a description of conflict photography and then provide a short historical account of the camera and its use in documenting conflicts. Next, I discuss conflict resolution and present examples of conflict resolution strategies. I then present evidence of how conflict photography can be a useful tool to support some of those strategies. Afterwards, I discuss the complicated nature of conflict photography’s usefulness. I conclude …
Commercial Mediation In Mainland China: Pitfalls & Opportunities,
2023
Pepperdine University
Commercial Mediation In Mainland China: Pitfalls & Opportunities, Meng Chen
Pepperdine Dispute Resolution Law Journal
This article offers insight into the practice of Chinese mediation, especially in resolving commercial disputes, considering the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention) entered into force on September 12, 2020. First, this article evaluates the attractiveness, vulnerabilities, and popularity of mediation as a means of dispute resolution. The article then introduces the Chinese model of using mediation to resolve commercial disputes, specifically in judicial and arbitral proceedings. Based on empirical data and rules analysis, this article concludes with the benefits of using mediation in China to resolve disputes and exposes a discrepancy between …
Managing Multiplicity: Consolidating Parallel Arbitration Proceedings For Renewal Energy Disputes,
2023
Pepperdine University
Managing Multiplicity: Consolidating Parallel Arbitration Proceedings For Renewal Energy Disputes, Francesca Pinto
Pepperdine Dispute Resolution Law Journal
The United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, considered the most widely used set of ad hoc rules in international arbitration, do not contain any provisions on consolidating parallel proceedings. Considering the complex, multiparty, and multiple-contract nature of renewable energy investment and development, the UNCITRAL Arbitration Rules should implement consolidation provisions that explicitly address consolidation for related arbitration proceedings and—in some circumstances—enforce consolidation regardless of whether all parties consent. Part II of this article provides an overview of transactions related to the investment, development, and operation of renewable energy projects. Part III identifies the risks of parallel …
Deterrence Defeats Doping: How Arbitration Can Resolve Major League Baseball's Performance-Enhancing Drug Problem,
2023
Pepperdine University
Deterrence Defeats Doping: How Arbitration Can Resolve Major League Baseball's Performance-Enhancing Drug Problem, Brice Barnes
Pepperdine Dispute Resolution Law Journal
This article analyzes MLB’s PED policy and proposes amending the policy by arbitrating the agreement to create one that further deters players from using PEDs. The remainder of this article is divided into five parts: Part II discusses the significance of the PED issue and why resolution is necessary; Part III discusses the history of PED use in baseball and the efforts by the League to address it; Part IV proposes the solution of arbitration and explains how the process might work; Part V addresses potential objections to that solution; and finally, Part VI concludes.
Arbitration—From Sacred Cow To Golden Calf: Three Phases In The History Of The Federal Arbitration Act,
2023
Pepperdine University
Arbitration—From Sacred Cow To Golden Calf: Three Phases In The History Of The Federal Arbitration Act, Katherine V.W. Stone
Pepperdine Dispute Resolution Law Journal
For the past twenty-five years, without much fanfare, arbitration law has remade the civil justice system in the United States. As now interpreted, the Federal Arbitration Act (the ‘FAA’) requires millions of consumers, workers, homeowners, credit card holders, rental car uses, hospital patients, and other ordinary people to forgo use of the courts to vindicate important rights. One development that has garnered particular attention is the tendency of corporations to include class action waivers in arbitration agreements, thereby preventing consumers and employees from aggregating small claims and litigating on a collective basis. While arbitration has become ubiquitous, it has also …
Judicial Review Of Teacher-School Board Grievance Arbitration: An Extended Empirical Analysis,
2023
Lehigh University
Judicial Review Of Teacher-School Board Grievance Arbitration: An Extended Empirical Analysis, Perry A. Zirkel
Arbitration Law Review
In recent years, the overall state law framework for teacher-school board collective bargaining has undergone limited revisions. The basic distribution has been that approximately two-thirds of the state laws authorize collective bargaining for public school teachers, with the remaining state laws either silent or prohibitive. During the past fifteen years, a few states have curtailed or eliminated their applicable laws, with the leading respective examples being Wisconsin and Tennessee, and at least one state, Virginia, shifting in favor of collective bargaining.
The courts have added few direct revisions. The Supreme Court’s ruling that agency shop provisions in public sector collective …
