Arbitration Case Law Update 2014,
2014
Pace Law School
Arbitration Case Law Update 2014, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
This chapter identifies decisions by the U.S. Supreme Court, the Financial Industry Regulatory Authority (FINRA) and selected lower federal and state courts in the past year that interpret and apply the Federal Arbitration Act (FAA) and could have an impact on securities arbitration practice.
The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia,
2014
Florida Coastal School of Law
The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett
Brooke R. Padgett
Abstract: This article explores whether voluntary standards, customary law, or more binding bilateral investment treaties are best for corporations, the emerging markets of Thailand, Indonesia, and Malaysia, and the environment itself. While corporations, markets, and the environment facially seem to have divergent priorities, environmental disasters are more costly after the fact than they are to prevent so in reality their priorities may not be so different after all. Some of the potential issues the paper will examine and address are big picture macro level such as fairness to future generations, intergenerational rights; the actual cost through questions of polluter pays, …
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards,
2014
Pepperdine University
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael Helfand
Michael A Helfand
This Essay presented at the Sharia and Halakha in America Conference explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules and treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards …
Alternative Dispute Resolution And The Potential For Gender Bias,
2014
University of Maryland Francis King Carey School of Law
Alternative Dispute Resolution And The Potential For Gender Bias, Leigh S. Goodmark
Leigh S. Goodmark
No abstract provided.
What Can Mediators Learn From Crisis Negotiators?,
2014
Singapore Management University
What Can Mediators Learn From Crisis Negotiators?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the key to crisis negotiating is explored.
Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law",
2014
Brigham Young University Law School
Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong
Brigham Young University International Law & Management Review
No abstract provided.
Sticky Arbitration Clauses - The Use Of Arbitration Clauses After Concepcion And Amex,
2014
Vanderbilt University Law School
Sticky Arbitration Clauses - The Use Of Arbitration Clauses After Concepcion And Amex, Peter B. Rutledge, Christopher R. Drahozal
Vanderbilt Law Review
We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. The Supreme Court's decision in Concepcion led commentators to predict that every business soon would use an arbitration clause, coupled with a class arbitration waiver, in their standard form contracts to avoid the risk of class actions. We examine two samples of franchise agreements: one sample in which we track changes in arbitration clauses since 1999, and a broader sample focusing on changes since 2011, immediately before Concepcion was decided. Our central finding is consistent …
Promoting Justice, Peace, And Understanding Through Partnerships And Dialogue,
2014
University of Massachusetts Boston
Promoting Justice, Peace, And Understanding Through Partnerships And Dialogue, Center For Peace, Democracy, And Development, University Of Massachusetts Boston
Office of Community Partnerships Posters
The Center for Peace, Democracy and Development (CPDD) promotes conflict resolution, democracy, economic development, education building, media development, and legal and judicial reform through partnerships and training programs across the globe. We offer academic and practical expertise across the spectrum of conflict management and democratic governance. Moreover, we mentor the next generation of peace and democracy builders from the UMass Boston student body who actively participate in many of our initiatives. The Restorative Justice Mediation Project (RJUMP) is a university-based program that aims to provide restorative justice services, education and training to the Suffolk County law enforcement community, department of …
The Parent Mediation Program – A Pathway To Cooperative Parenting,
2014
University of Massachusetts Boston
The Parent Mediation Program – A Pathway To Cooperative Parenting, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston, Department Of Revenue Cse Division, Ma Community Mediation Centers
Office of Community Partnerships Posters
The Parent Mediation Program was established in 2008 as a state-local collaboration to raise awareness of mediation as a viable option for creating workable parenting plans and to mediate parenting issues for never-married, separated, divorced or separating parents across the state. The program aims to annually provide direct educational services to around 250-300 disputing parents, about 170-220 of whom will also receive mediation services.
Youth Violence/Conflict Prevention Mini Grants,
2014
University of Massachusetts Boston
Youth Violence/Conflict Prevention Mini Grants, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston
Office of Community Partnerships Posters
As part of the Community Mediation Center Grant Program, the MA Office of Public Collaboration (MOPC) in FY 2014 awarded four community project grants on youth violence/conflict prevention under a Positive Youth Development (PYD) framework, which includes peer mediation and other youth-focused conflict resolution in schools, communities, and/or families. Four community mediation centers from across Massachusetts were awarded $34,000 to carry-out these projects in partnership with a municipality/municipal entity. An example is the project by Community Dispute Settlement Center (CDSC) in Cambridge, who in partnerships with the Cambridge Police Department and the Department of Human Services has so far trained …
Massachusetts Community Mediation Center Grant Program,
2014
University of Massachusetts Boston
Massachusetts Community Mediation Center Grant Program, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston
Office of Community Partnerships Posters
The CMC Grant Program was established in FY 2013 to distribute state operational funding to qualified community mediation centers serving primarily low income citizens. Mediation services are provided through trained volunteers for a wide-range of family, neighborhood and community conflicts referred through courts, public agencies, local businesses, organizations and individuals. Centers deliver training, conduct outreach and education, and actively engage community members on their boards and through local partnerships.
Alternative Dispute Resolution Landscape: An Overview Of Adr In The Maryland Court System,
2014
University of Maryland Francis King Carey School of Law
Alternative Dispute Resolution Landscape: An Overview Of Adr In The Maryland Court System, Maryland Administrative Office Of The Courts, Center For Dispute Resolution At The University Of Maryland
C-DRUM Publications
No abstract provided.
Criminal Liability Of Arbitrators In China: Analysis And Proposals For Reform,
2014
University of Washington School of Law
Criminal Liability Of Arbitrators In China: Analysis And Proposals For Reform, Duan Xiaosong
Washington International Law Journal
This article is prompted by a Chinese criminal provision governing the impartiality of arbitration. The goals of the article are to critically examine the criminal statute created by the provision and to put forward some proposals for reform, which can be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding United States provision as well as an analysis of some cultural and traditional …
Intragroup Discourse On Intragroup Protections In Muslim-Majority Countries,
2014
Chicago-Kent College of Law
Intragroup Discourse On Intragroup Protections In Muslim-Majority Countries, Asma T. Uddin
Chicago-Kent Law Review
Many Muslim-majority countries do not provide adequate protection for dissent of any sorts—religious, social, or political. In the realm of religious dissent, these countries persecute not just non-Muslims, but in fact, the persecution is harshest and most frequent against Muslim dissenters. This paper explores how protection for intragroup dissent in these countries is the first and most crucial step in protecting dissent more broadly and lays out both the current state of affairs and several avenues for reform.
The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review,
2014
Chicago-Kent College of Law
The European Court Of Human Rights And Intragroup Religious Diversity: A Critical Review, Lourdes Peroni
Chicago-Kent Law Review
This Article examines the ways in which one of the most established human rights courts—the European Court of Human Rights—encourages or discourages intragroup religious diversity when dealing with religious freedom claims. In particular, it critically assesses the Court’s attentiveness to internal group diversity by scrutinizing the objective filters that the Court employs to determine whether certain practices “count” as a manifestation of claimants’ religion for legal purposes. The Article argues that, at times, these filters are based on assumptions about religion and religious groups that impede recognition of more lived experiences of religion and internal group diversity. The Article further …
How Lawyers Manage Intragroup Dissent,
2014
Chicago-Kent College of Law
How Lawyers Manage Intragroup Dissent, Scott L. Cummings
Chicago-Kent Law Review
This essay, adapted from the keynote speech for the conference, reflects upon how lawyers respond to dissent within social movements—over the goals of social change efforts and the means of pursuing them. Drawing upon case studies from the LGBT rights and labor contexts, it describes specific challenges to managing dissent within “top-down” and “bottom-up” lawyering models. From the top-down, it explores how lawyers in the California marriage equality movement addressed repeated legal challenges over litigation tactics. From the bottom-up, it describes how lawyers for a community-labor coalition dealt with competing conceptions of the public good in a campaign to stop …
Capital Defenders As Outsider Lawyers,
2014
Chicago-Kent College of Law
Capital Defenders As Outsider Lawyers, Kathryn A. Sabbeth
Chicago-Kent Law Review
What role can lawyers play in the internal disputes of a community to which they are outsiders? This essay highlights two core rationales for outsider intervention in support of internal dissent. It examines these rationales in the case of capital defenders from the U.S. North in the U.S. South. The position as an outsider can provide the will and freedom to launch direct attacks on injustice. Frequently, outsiders also bring superior resources for the fight. When outsiders engage in direct social critique, however, they can be accused of cultural imperialism. As an alternative, outsider lawyers can marshal indirect challenges, using …
The Art Of Racial Dissent: African American Political Discourse In The Age Of Obama,
2014
Chicago-Kent College of Law
The Art Of Racial Dissent: African American Political Discourse In The Age Of Obama, Kareem U. Crayton
Chicago-Kent Law Review
What does the art of dissent from a group look like in the context of race and politics? How does this element of political discourse resemble dissent in the more typical settings, such as the courts? And how might this brand of dissent be distinguished from the more common forms of the enterprise? In this piece, I develop a thesis of “racial dissent,” defined here as the act of speaking against a prevailing norm or principle within a given racial group. I outline a general argument for how racial dissent operates, including the review of structural pressures that racial dissenters …
Dissenting In And Dissenting Out,
2014
Chicago-Kent College of Law
Dissenting In And Dissenting Out, Nancy Leong
Chicago-Kent Law Review
The intense legal and social preoccupation with the appearance of diversity and nondiscrimination both reflects and reinforces a process I call “identity capitalism.” Through that process, ingroup individuals and ingroup-dominated institutions derive value from outgroup identity. This process results in the commodification of outgroup identity, with negative consequences for both outgroup members and society. Outgroup members actively participate in the process of identity capitalism in various ways. In particular, they leverage their outgroup membership to derive social and economic value for themselves. I call such outgroup participants “identity entrepreneurs.” In this essay, I apply the framework of identity entrepreneurship to …
Nudging Cross-Border Mediation Forward,
2014
Singapore Management University
Nudging Cross-Border Mediation Forward, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, nudging as a way to help people make good decisions is explained in the context of mediation.
