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Delegating Procedure, Matthew A. Shapiro 2018 Maurice A. Deane School of Law at Hofstra University

Delegating Procedure, Matthew A. Shapiro

Matthew Shapiro

The rise of arbitration has been one of the most significant developmentsin civil justice. Many scholars have criticized arbitration for, among other things, “privatizing” or “delegating” the state’s dispute-resolution powers and allowing private parties to abuse those powers with virtual impunity. An implicit assumption underlying this critiqueis that civil procedure, in contrast to arbitration, does not delegate significant state power to private parties.

This Article challenges that assumption and argues that we can address many of the concerns about arbitration by drawing on civil procedure’s solutions to its own delegation problem. From summonses to subpoenas to settlements, civil ...


Table Of Contents, Nicole M. Hogan 2018 Pepperdine University

Table Of Contents, Nicole M. Hogan

Pepperdine Dispute Resolution Law Journal

No abstract provided.


The Applicability Of Economic Sanctions To The Merits In International Arbitration Proceedings: With A Focus On The Dynamics Between Public International Law Principles, Private International Law Rules And International Arbitration Theories, Taejoon Ahn 2018 Pepperdine University

The Applicability Of Economic Sanctions To The Merits In International Arbitration Proceedings: With A Focus On The Dynamics Between Public International Law Principles, Private International Law Rules And International Arbitration Theories, Taejoon Ahn

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Consumer Arbitrations In The European Union, Andreas von Goldbeck 2018 Pepperdine University

Consumer Arbitrations In The European Union, Andreas Von Goldbeck

Pepperdine Dispute Resolution Law Journal

The main argument of this paper is that the law should generally enforce pre-dispute consumer arbitration clauses. If the consumer is given a choice between litigation and arbitration at the time of contracting and she chooses arbitration, that choice should generally be enforceable, provided appropriate safeguards are in place guaranteeing access to justice. Consumer protection comes at a cost, which the consumer ultimately pays in the price of the product or service purchased: assuming arbitration is the more cost-efficient dispute-resolution mechanism, consumers choosing arbitration would, in theory, pay a lower price than those choosing litigation. The blanket hostility towards pre-dispute ...


How Higher Education Ombudsman Systems Can Benefit By Implementing Modified Restorative Justice Practices, Kyle Shiroma 2018 Pepperdine University

How Higher Education Ombudsman Systems Can Benefit By Implementing Modified Restorative Justice Practices, Kyle Shiroma

Pepperdine Dispute Resolution Law Journal

This article will explore both the concerns and the beneficial effects of implementing ombudsman systems in higher education. After a brief background and history of the ombuds office, Section C will explain the significance of why universities should implement ombuds systems. Section D will discuss some of the benefits of the proposed solution, Section E will address some of the concerns raised about this solution, and Section F will explain how ombuds offices can benefit by incorporating restorative justice ideas in its practices. Section G will summarize and conclude this proposal.


Arbitration. A Promising Avenue For Resolving Family Law Cases?, Audrey J. Beeson 2018 Pepperdine University

Arbitration. A Promising Avenue For Resolving Family Law Cases?, Audrey J. Beeson

Pepperdine Dispute Resolution Law Journal

This paper will examine the path of arbitration in the area of family law, when it began, and how it has grown since 1990. It will discuss the division between the states that currently utilize arbitration for family law issues as well as the scope of judicial review. The paper will then discuss the history leading to, and the enactment of, the Uniform Family Law Arbitration Act. Next, it addresses Nevada’s legislative history, when arbitration of family law matters was considered, and consequently what a Nevada Family Law Arbitration Act would potentially look like. Finally, it will include a ...


Keep Calm And Negotiate On: The United Kingdom’S Withdrawal From The European Union And Suggestions For A Smooth Departure, Aryanah Yasmine Eghbal 2018 Pepperdine University

Keep Calm And Negotiate On: The United Kingdom’S Withdrawal From The European Union And Suggestions For A Smooth Departure, Aryanah Yasmine Eghbal

Pepperdine Dispute Resolution Law Journal

This article will attempt to both examine the ramifications of the UK’s decision to leave the EU, as well as determine a path to begin the process of renegotiating trade deals with the EU and other countries throughout the world. Part I will begin by providing a brief historical overview of the formation of the EU and a focus on how and when the UK joined the EU. Part II will present the stages of leaving the EU, specifically introducing Article 50 and how it is used. Part III will provide an understanding of what trade deals are, how ...


Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt 2018 Penn State Law

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt

Arbitration Law Review

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in collective bargaining agreements, can agree to dispute resolution by an independent arbitrator, whose decision is reviewed deferentially by judges. Where employees or members of an association are governed by its internal rules, in contrast, they often agree contractually to submit internal disputes to an association officer or committee. In this circumstance, the common law governing private associations affords judicial review that is more limited than a civil dispute, but more searching than is the case for ...


Dispute Resolution Centre Newsletter, April 2018, 2018 Bond University

Dispute Resolution Centre Newsletter, April 2018

Dispute Resolution Centre Newsletter

It has been an exciting couple of months for the DRC with a number of important program and Centre developments. We are delighted to welcome Robyn Hooworth to the Centre as a Clinical Senior Teaching Fellow to assist us as lead trainer.

The Centre is exploring a number of new short course options – including short courses on mediation advocacy, property settlement, evaluative mediation, workplace bullying and restorative justice.

Centre members continue to present their research at conferences and symposia, and the Centre is working on enhancing its research strategy. Current works in progress include: former director Laurence Boulle and Centre ...


Hospital Peer Review Standards And Due Process: Moving From Tort Doctrine Toward Contract Principles Based On Clinical Practice Guidelines, Katharine A. Van Tassel 2018 Concordia University School of Law, Boise

Hospital Peer Review Standards And Due Process: Moving From Tort Doctrine Toward Contract Principles Based On Clinical Practice Guidelines, Katharine A. Van Tassel

Katharine Van Tassel

This Article proposes a solution to the problems associated with the current use of vague standards in peer review. This Article will examine the proposal that medical staffs switch from ad hoc judicial decision-making to rule-making. This switch will allow medical staffs to abandon the troublesome practice of applying vague 'standard of care' measures ex post facto. In its stead, express contractual terminology could be adopted, such as 'expectations of performance,' which incorporates specifically chosen and uniquely tailored clinical practice guidelines ('CPGs') directly into the medical staff by-laws. Describing the expectations of physician performance in express contractual terms enables physicians ...


Amending Maine's Plain Language Law To Ensure Complete Disclosure To Consumers Signing Arbitration Contracts, Andrew R. Sarapas 2018 University of Maine School of Law

Amending Maine's Plain Language Law To Ensure Complete Disclosure To Consumers Signing Arbitration Contracts, Andrew R. Sarapas

Maine Law Review

Arbitration has been defined as an informal procedure used by disputants to resolve their differences in a forum other than a court of law. By agreeing to arbitration, the parties submit their disputes to selected arbitrators, whose reasoning and final decisions or awards supplant the judgment of the established judicial tribunals. Further, the decisions of arbitrators are usually binding and enforceable in courts. Although arbitration has been lauded for being less expensive and time-consuming than litigation, consumers arbitrating disputes with large companies may not be playing on a level field. It is important, however, to distinguish arbitration from mediation. Arbitrators ...


From Imperial To International Law: Protecting Foreign Expectations In The Early United States, Daniel Hulsebosch 2018 NYU School of Law

From Imperial To International Law: Protecting Foreign Expectations In The Early United States, Daniel Hulsebosch

New York University Public Law and Legal Theory Working Papers

This Essay argues that several principles associated with modern international investment law and dispute resolution arose in the wake of the American Revolution, as the revolutionaries and Britons sought to restructure trade relations, previously regulated by imperial law, under new treaties and the law of nations. They negotiated such problems as the currency in which international debts would be paid; the ability of foreign creditors pursue domestic collection remedies; whether creditors had to exhaust those remedies before their nation could resort to international arbitration; and the form of state-state arbitration of private disputes. The specific setting of these negotiations—the ...


Adr Empirical Research Studies (Summer 2013-Winter 2018), James Coben, Donna Steinstra 2018 Mitchell Hamline School of Law

Adr Empirical Research Studies (Summer 2013-Winter 2018), James Coben, Donna Steinstra

ADR Empirical Research Studies

No abstract provided.


Newsroom: Court As Classroom 03-01-2018, Roger Williams University School of Law 2018 Roger Williams University

Newsroom: Court As Classroom 03-01-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Hong Kong: Mediation And The Future Of Dispute Resolution, Nadja ALEXANDER 2018 Singapore Management University

Hong Kong: Mediation And The Future Of Dispute Resolution, Nadja Alexander

Research Collection School Of Law

No abstract provided.


Rethinking The Law Of Legal Negotiation: Confidentiality Under Federal Rule Of Evidence 408 And Related State Laws, Richard C. Reuben 2018 University of Missouri School of Law

Rethinking The Law Of Legal Negotiation: Confidentiality Under Federal Rule Of Evidence 408 And Related State Laws, Richard C. Reuben

Boston College Law Review

Federal Rule of Evidence 408 and related state laws are among the most important rules to implement the national policy favoring the settlement of legal disputes. These rules bar the introduction of statements made during negotiations leading to the resolution of legal disputes. However, comprehensive analysis of the rule’s text, doctrinal history, and modern context demonstrates that the rule no longer meets its noble goals. Rather, the rule has evolved textually from a remarkably narrow and complex categorical presumption of inadmissibility with limited exceptions to a simpler rule that gives courts considerable deference to admit such evidence when they ...


The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan 2018 Nova Southeastern University, Shepard Broad College of Law

The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan

Elena B. Langan

This article discusses how rebranding principles, already being used to alter social behavior in other non-consumer contexts, could be utilized to accomplish the legislative goal to reduce litigation as well as diminish animosity in custody cases. Part II of this article discusses the impetus for a transformation in the way parents view custody disputes. Part III discusses basic branding principles and how companies establish a brand and can successfully change their branding. Part IV explores the evolution of the current custody brand, identifies eight states that have eliminated “custody” and, in some cases, “visitation” from their vernacular, and discusses, in ...


Dispute System Design And Bias In Dispute Resolution, Lisa Blomgren Amsler, Alexander B. Avtgis, Michael Scott Jackman 2018 Indiana University School of Public and Environmental Affairs

Dispute System Design And Bias In Dispute Resolution, Lisa Blomgren Amsler, Alexander B. Avtgis, Michael Scott Jackman

SMU Law Review

This article examines the role of mediator race and gender in perceptions of procedural justice as measure of accountability and representative bureaucracy in a national mediation program for complaints of employment discrimination at a large federal organization, the United States Postal Service. Mediation represents a forum of accountability in which employees may hold an employer accountable for violating federal law prohibiting forms of employment discrimination, in this case, race discrimination, sex discrimination, and sexual harassment. Representative bureaucracy theory suggests passive or symbolic representation when the demographics of public officials should mirror those of the public they serve. Some research suggests ...


Do Alternative Dispute Resolution Procedures Disadvantage Women And Minorities?, Charles Craver 2018 George Washington University Law School

Do Alternative Dispute Resolution Procedures Disadvantage Women And Minorities?, Charles Craver

SMU Law Review

When different legal controversies arise, parties frequently employ alternative dispute resolution procedures to resolve them. Yet some members of ethnic minority groups and women may seek judicial proceedings out of a concern that their ethnicity or gender may undermine their ability to achieve beneficial bargaining outcomes through ADR. This article addresses the real and perceived challenges of ethnic minorities and women in ADR. It draws upon decades of research into dispute resolution bargaining processes to illustrate that most traits associated with ethnicity and gender are irrelevant today with respect to ADR. When persons are taught even minimally about the bargaining ...


The Lost Promise Of Arbitration, Sarah Rudolph Cole 2018 Moritz College of Law, The Ohio State University

The Lost Promise Of Arbitration, Sarah Rudolph Cole

SMU Law Review

This article disputes the notion that arbitration, a historically informal process, tends to disadvantage minority disputants or provide them with quick decisions tainted by prejudice. Responding to Richard Delgado’s seminal work, Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution, this article attempts to shed greater light on the benefits of modern arbitration for minority disputants. Although still capable of improvement, arbitration may well provide greater protections to minority disputants than does litigation. Since Delgado first wrote his article, the use of arbitration as a primary dispute resolution mechanism has increased dramatically, particularly among businesses and ...


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