The ‘Sanctuary City’ Syndrome Reaches Arbitration: State Supreme Courts Defy Federalization, 2019 Penn State Law
The ‘Sanctuary City’ Syndrome Reaches Arbitration: State Supreme Courts Defy Federalization, Thomas E. Carbonneau
Arbitration Law Review
No abstract provided.
United States Court Of Appeals For The Tenth Circuit Follows Hall Street Precedence, Voids Arbitration Clause In Gambling Compact: A Comment On Citizen Potawatomi Nation V. Oklahoma, 2019 Penn State Law
United States Court Of Appeals For The Tenth Circuit Follows Hall Street Precedence, Voids Arbitration Clause In Gambling Compact: A Comment On Citizen Potawatomi Nation V. Oklahoma, Mary Bonacchi
Arbitration Law Review
No abstract provided.
The New Handshake: Online Dispute Resolution And The Future Of Consumer Protection, 2019 Penn State Law
The New Handshake: Online Dispute Resolution And The Future Of Consumer Protection, Michael Ferrence
Arbitration Law Review
No abstract provided.
Alternative Dispute Resolution Of Shareholder Disputes In Hong Kong: Institutionalizing Its Effective Use, 2019 Penn State Law
Alternative Dispute Resolution Of Shareholder Disputes In Hong Kong: Institutionalizing Its Effective Use, David Huehnergarth
Arbitration Law Review
No abstract provided.
Hey, Big Spender: Ethical Guidelines For Dispute Resolution Professionals When Parties Are Backed By Third-Party Funders, 2019 St. John's University School of Law
Hey, Big Spender: Ethical Guidelines For Dispute Resolution Professionals When Parties Are Backed By Third-Party Funders, Elayne E. Greenberg
Faculty Publications
This first-of-its-kind paper introduces ethical guidelines and suggested practices for dispute resolution providers and neutrals when third-party funders provide financial backing for parties in U.S. domestic arbitrations and mediations. Sophisticated third-party funders have realized that litigation and dispute resolution are fast-growing, unregulated investment opportunities. Seizing these opportunities, third-party funders are now making billions of dollars in profits through their strategic investments in domestic and global litigation and dispute resolution with few ethical rules or regulations to curtail their investment behavior.3 Preferring to be secretive about the terms of their funding contracts and invisible in their work, third- party funders are …
How People Make Sense Of Drones Used For Atmospheric Science (And Other Purposes): Hopes, Concerns, And Recommendations, 2019 University of Nebraska-Lincoln
How People Make Sense Of Drones Used For Atmospheric Science (And Other Purposes): Hopes, Concerns, And Recommendations, Janell C. Walther, Lisa M. Pytlikzillig, Carrick Detweiler, Adam L. Houston
Lisa PytlikZillig Publications
Unmanned aerial systems (UAS) can advance understanding of the atmosphere and improve weather prediction, but public perceptions of drone technologies need to be assessed to ensure successful societal integration. Our qualitative study examines public perceptions of UAS technology, and the associated risks and benefits, for such civilian purposes. We examine how people form perceptions, and discuss the implications of these perceptions for UAS design and regulation. Our study finds the public to be favorable toward UAS used for “noble” purposes. Participant views are informed by popular media, personal experiences, comparisons between technologies, and consideration of the trustworthiness of the users, …
Digital Accessibility And Disability Accommodations In Online Dispute Resolution: Odr For Everyone, 2019 Mitchell Hamline School of Law
Digital Accessibility And Disability Accommodations In Online Dispute Resolution: Odr For Everyone, David Larson
Faculty Scholarship
Court systems are exploring and beginning to adopt online dispute resolution (ODR) systems, and it is critical that they make digital accessibility a priority. Even though we need to pay close attention to ODR developments in court systems, we cannot overlook the fact that there are ODR providers in the private sector whose systems also must be accessible for persons with disabilities. Plaintiffs filed more ADA Title III website accessibility lawsuits in federal court for the first six months of 2018 than in all of 2017. There were at least 1053 such lawsuits in the first six months of 2018, …
Two Bites At The Apple: The Prejudicial Burden In Arbitration Waiver, 2019 University of Georgia School of Law
Two Bites At The Apple: The Prejudicial Burden In Arbitration Waiver, Alexander H. Weathersby
Georgia Law Review
No abstract provided.
When Forum Selection Clauses Meet Choice Of Law Clauses, 2019 Roger Williams University School of Law
When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya Monestier
Law Faculty Scholarship
No abstract provided.
Letter From The Editor, 2019 American University Washington College of Law
Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, 2019 American University Washington College of Law
Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp
Arbitration Brief
No abstract provided.
Arbitrators' Authority: Scope And Limitations, 2019 American University Washington College of Law
Arbitrators' Authority: Scope And Limitations, Horacio A. Grigera Naón
Arbitration Brief
No abstract provided.
The Investor-State Dispute Settlement System Amidst Crisis, Collapse, And Reform, 2019 American University Washington College of Law
The Investor-State Dispute Settlement System Amidst Crisis, Collapse, And Reform, Henrique Sachetim, Rafael CodeçO
Arbitration Brief
No abstract provided.
When Peer Pressure Is Not Enough: Mandatory Disclosure And Third-Party Funding, 2019 American University Washington College of Law
When Peer Pressure Is Not Enough: Mandatory Disclosure And Third-Party Funding, Sarah Gilcrest
Arbitration Brief
No abstract provided.
European Decision Could Have Killed Investment Treaties, Affecting Arbitration And Investments, 2019 University of Georgia Law School
European Decision Could Have Killed Investment Treaties, Affecting Arbitration And Investments, Peter B. Rutledge, Katherine M. Larsen, Amanda W. Newton
Popular Media
A dramatic upheaval in investor-state arbitration last year recently led to the apparent demise of investment treaties throughout Europe and could have broad implications for both international arbitration and foreign investments in the European Union. In May 2018, the Court of Justice of the European Union found in Achmea v. Slovak Republic that the bilateral investment treaty between the Netherlands and the Slovak Republic (a so-called intra-EU BIT) contained an arbitration clause that was incompatible with European law.
Singapore Convention Presents An Opportunity For Georgia In Mediation, 2019 University of Georgia Law School
Singapore Convention Presents An Opportunity For Georgia In Mediation, Peter B. Rutledge, Katherine M. Larsen
Popular Media
On Dec. 20, 2018, the United Nations General Assembly adopted the Singapore Convention. The Singapore Convention ensures that a mediation settlement reached by parties will be binding and enforceable in accordance with a streamlined procedure. The convention will compel contracting states to recognize international mediation settlement agreements in commercial disputes. On Aug. 7, the opening day of the convention, a record 46 nations signed the Singapore Convention on Mediation, including the United States.
The Singapore Convention presents a unique opportunity for Georgia to become a forum for hospitable mediation. Much like it adopted an international arbitration code, the state could …
Up Close And Personal: Whether Or Not You Decide To Report A Confidentiality Exception, 2019 St. John's University School of Law
Up Close And Personal: Whether Or Not You Decide To Report A Confidentiality Exception, Elayne E. Greenberg
Faculty Publications
(Excerpt)
In your role as lawyer or neutral, have you ever reported an otherwise confidential communication because it was one of these permissible confidentiality exceptions? Why? This column will discuss how our ethical and personal considerations shape our decisions as advocates and dispute resolution professionals about whether to report ethically permissible exceptions to confidentiality. Readers, you are invited to rethink your ethical reporting obligations and develop more self-awareness about your personal rationales for your reporting choices.
Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, 2019 Marquette University Law School
Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, Taylor Brisco
Marquette Sports Law Review
None
Anatomy Of A Baseball Law Course, 2019 Marquette University Law School
Women In Ministry: How Conflicts Between God's Purpose And Church Doctrine Impact The Efficacy Of Female Church Leaders, 2019 Nova Southeastern University
Women In Ministry: How Conflicts Between God's Purpose And Church Doctrine Impact The Efficacy Of Female Church Leaders, Nicole L. Davis
Department of Conflict Resolution Studies Theses and Dissertations
The following research was a biographical narrative that examined the lived experiences of male and female church leaders and their perspectives on the social, moral, and religious implications of female church leadership. The purpose of this research was to explore the ideologies and identities of women leaders within the faith ministry, the definitions of ministry and leadership, the role of women in church ministry, and their understanding of marketplace ministry. I employed conflict resolution theories relating to power, change, and mental modeling as the basis of analysis for evaluating the impact of church policies and practices on the utilization of …