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Online Dispute Resolution For Divorce Cases In Missouri: A Remedy For The Justice Gap, Danielle Linneman 2018 University of Missouri School of Law

Online Dispute Resolution For Divorce Cases In Missouri: A Remedy For The Justice Gap, Danielle Linneman

Journal of Dispute Resolution

This Comment will analyze the use of ODR for divorce disputes in Missouri by first explaining the use of ODR and then analyzing its evolution. How ODR has grown on a global level and entered the realm of family law will also be viewed, as well as how other countries have used ODR to successfully resolve divorce case disputes. Recent proposals in the United States for use of ODR programs to resolve domestic disputes will be discussed, before evaluating how ODR programs could be implemented into Missouri’s legal system as a way to begin shaping the future of America ...


Mediating Farm Nuisance: Comparing New Jersey, Missouri, And Iowa Right To Farm Laws And How They Utilize Mediation Techniques, Gina Moroni 2018 University of Missouri School of Law

Mediating Farm Nuisance: Comparing New Jersey, Missouri, And Iowa Right To Farm Laws And How They Utilize Mediation Techniques, Gina Moroni

Journal of Dispute Resolution

Is it a right to farm, or a right to be a bad neighbor? The ability to sue a neighbor who farms claiming nuisance is largely dependent on each state’s right to farm law. Just because there is a nuisance claim that can be filed in court does not necessarily mean the complaint should be heard in court. Instead, mediation can be a low cost, confidential, and even binding alternative which helps parties resolve their disputes in creative ways. Section II of this Comment examines what right to farm laws do, the agricultural dynamics that led to the creation ...


Table Of Contents, 2018 University of Missouri School of Law

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


Why We Can’T “Just All Get Along”: Dysfunction In The Polity And Conflict Resolution And What We Might Do About It, Carrie Menkel-Meadow 2018 University of Missouri School of Law

Why We Can’T “Just All Get Along”: Dysfunction In The Polity And Conflict Resolution And What We Might Do About It, Carrie Menkel-Meadow

Journal of Dispute Resolution

These are very troubled times. The polity is seriously divided; people who march for white supremacy and hate are called “nice and very good people” by an unhinged, but Constitutionally elected, President; relations between citizens of color and police are at a high level of hostility and distrust; Congress is unable to pass virtually any legislation; and policy differences over immigration, trade, taxation, and health care are so great that even a ruling party cannot get anything done. Perhaps the greatest challenge for our democracy now is learning how to deal with great value differences in the polity, enough so ...


Building Conflict Resilience: It's Not Just About Problem-Solving, Robert C. Bordone 2018 University of Missouri School of Law

Building Conflict Resilience: It's Not Just About Problem-Solving, Robert C. Bordone

Journal of Dispute Resolution

Political polarization in the United States and internationally has increased enormously in the past decade, resulting in legislative impasse in some countries, political instability and partisan re-alignment in others, and decreased levels of communication, trust, and cooperation across partisan lines in schools, communities, and across the nation. As partisan polarization has increased, I have observed several perceptible changes in the way law school students engage each other around political differences and conflict in the classroom. From conversations with my colleagues, I am not alone in observing these trends.


Seeking Recognition And Enforcement Of Foreign Court Judgments And Arbitral Awards In Egypt And The Mashriq Countries, Nicolas Bremer 2018 University of Missouri School of Law

Seeking Recognition And Enforcement Of Foreign Court Judgments And Arbitral Awards In Egypt And The Mashriq Countries, Nicolas Bremer

Journal of Dispute Resolution

Asserting a claim in an international transaction is often complex. If a transaction involves parties from different countries, the venue of dispute resolution will often be in a jurisdiction different from that where enforcement may have to be sought. In such a case, any ruling obtained will have to be recognized by the competent authority of the country where enforcement is sought (known as requested country). Obtaining recognition of a foreign ruling in the Middle East and North Africa is considerably challenging. Despite some progress having been made over the last decade, local courts are still rather reserved towards foreign ...


One Idea For Ameliorating Polarization: Reviving Conversations About An American Spirit, Nancy H. Rogers 2018 University of Missouri School of Law

One Idea For Ameliorating Polarization: Reviving Conversations About An American Spirit, Nancy H. Rogers

Journal of Dispute Resolution

Historian David McCullough tells those discouraged about the nation’s current problems that Americans have an “inexhaustible source of strength”: “our story, our history, who we are, how we got to where we are, … all we have been through, what we have achieved” and our “national ambitions.” McCullough calls this the “American spirit” and urges Americans to articulate a current version. Some might express pessimism about this project – after all, one poll indicates that most Americans think we are losing an American spirit. Other commentators agree with McCullough, though, that Americans should endeavor to identify an American spirit that will ...


Inherently Unneutral Investment Treaty Arbitration: The Formation Of Decisive Arguments In Jurisdictional Determinations, Relja Radovic 2018 University of Missouri School of Law

Inherently Unneutral Investment Treaty Arbitration: The Formation Of Decisive Arguments In Jurisdictional Determinations, Relja Radovic

Journal of Dispute Resolution

The legitimacy crisis of investment treaty arbitration is much discussed, often challenging the neutrality of that system as a whole. Besides concentrating on the direction in which cases are being decided, or in which the law is being interpreted, the neutrality of investment treaty arbitration as a system can also be discussed from the perspective of its foundations. This article looks at the arbitral use of the two basic ideals of investment treaty arbitration, namely the legalistic and teleological notions, in the formation of decisive arguments, in the particular context of jurisdictional decisions. It examines to what extent the two ...


The Process Of Peace: Using Community Dispute Resolution To Improve The Relationship Between Police And Community In Minnesota, Kelsey Schwarzrock 2018 Mitchell Hamline School of Law

The Process Of Peace: Using Community Dispute Resolution To Improve The Relationship Between Police And Community In Minnesota, Kelsey Schwarzrock

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Title Page, 2018 University of Missouri School of Law

Title Page

Journal of Dispute Resolution

No abstract provided.


State Legislative Update, Ryan Corrigan, Samantha Groark, Alison Matusofsky, John Roark, Joshua Sieg 2018 University of Missouri School of Law

State Legislative Update, Ryan Corrigan, Samantha Groark, Alison Matusofsky, John Roark, Joshua Sieg

Journal of Dispute Resolution

No abstract provided.


Vatican Mediation And The Venezuelan Crisis, Emma Altheide 2018 University of Missouri School of Law

Vatican Mediation And The Venezuelan Crisis, Emma Altheide

Journal of Dispute Resolution

Part II will discuss the dispute between Argentina and Chile in the 1970s concerning property rights in the Beagle Channel, as well as the restoration of diplomatic relations between the United States and Cuba in 2015. Part III will outline the events leading to the crisis in Venezuela, where President Nicolás Maduro has brought the government to the brink of authoritarian rule. This section will assess the Vatican’s offer to mediate in Venezuela in light of the country’s current climate and previous instances of Vatican mediation. Part IV will examine the Vatican as a mediator, analyzing the attributes ...


Adr That Is Out Of This World: A Regime For The Resolution Of Outer-Space Disputes, George Khoukaz 2018 University of Missouri School of Law

Adr That Is Out Of This World: A Regime For The Resolution Of Outer-Space Disputes, George Khoukaz

Journal of Dispute Resolution

The United States’ interest in enlarging and increasing its presence in outer space is an extension of its current geographically extensive military presence around the globe. These outer-space exploratory goals are compared to the expansionist aspirations of ocean-born European empires of the 17th and 18th centuries; and therefore project a future where nations will compete over space-control to gain a geostrategic advantage on Earth.


Stakeholder Dialogues And Virtual Reality For The German Energiewende, Arne Spieker 2018 University of Missouri School of Law

Stakeholder Dialogues And Virtual Reality For The German Energiewende, Arne Spieker

Journal of Dispute Resolution

The German energy system is in a complete overhaul. In the future energy will mainly derive from renewable sources. While in general this is largely socially accepted, new long-range power-lines, needed to distribute that energy, disquiet local communities and lead to political friction. Using stakeholder dialogues, responsible authorities and transmission operators try to direct escalating debates back onto a constructive track. This Article describes the inclusion of public participation in the recently adopted grid expansion acceleration act (NABEG) and a best practice stakeholder dialogue for a high voltage d.c. link. It contextualizes those efforts into the broader debate over ...


Introduction To “Dispute Resolution And Political Polarization", Rafael Gely 2018 University of Missouri School of Law

Introduction To “Dispute Resolution And Political Polarization", Rafael Gely

Journal of Dispute Resolution

Dispute resolution practitioners and scholars know conflict. In fact, some would say that we love conflict. And yet, despite our affinity with conflict, the polarization that is evident in today’s public space has been disconcerting. While we generally operate in a space where we are constantly exploring options, seeking compromise, helping participants explore their interests and finding ways to move towards agreement, what seems like an inability to even engage in any kind of dialogue is troubling. These and other related concerns led the editors of the Journal of Dispute Resolution to solicit contributions from seven well-known conflict resolution ...


Ethics In International Arbitration, Peter Halprin, Stephen Wah 2018 University of Missouri School of Law

Ethics In International Arbitration, Peter Halprin, Stephen Wah

Journal of Dispute Resolution

The growth of international arbitration has expanded both the pool of arbitrators as well as the counsel involved in international arbitration. This growth has resulted in arbitrators, counsel, and parties of various cultural and legal traditions participating in disputes. Because different cultural and legal traditions may come into conflict, there is increasing focus and discussion regarding what guidelines or rules, if any, should govern international arbitrations. The discussion regarding whether any guidelines or rules should govern arbitration asks whether a forum for dispute resolution built on the concepts of neutrality, party autonomy, and procedural flexibility should be governed by strict ...


Defining The Limits To Abuse Of Process: Lim Geok Lin Andy V Yap Jin Meng Bryan, Dorcas QUEK ANDERSON 2018 Singapore Management University

Defining The Limits To Abuse Of Process: Lim Geok Lin Andy V Yap Jin Meng Bryan, Dorcas Quek Anderson

Research Collection School Of Law

The abuse of process jurisdiction, which forms part of the doctrine of res judicata, is meant to uphold finality of litigation and prevent abusive litigation. While the jurisdiction has been applied to the original parties of earlier court proceedings, it could also prevent a person who was not part of earlier court proceedings from litigating his claim. In such circumstances, the abuse of process doctrine has to be cognisant of the commercial realities and motivations driving choices to advance separate rather than consolidated proceedings, while also protecting litigants from repeated litigation. A recent Singapore Court of Appeal decision imposed constraints ...


Resolving Discrimination Complaints In Employment Arbitration: An Analysis Of The Experience In The Securities Industry, J. Ryan Lamare, David B. Lipsky 2018 University of Illinois at Urbana-Champaign

Resolving Discrimination Complaints In Employment Arbitration: An Analysis Of The Experience In The Securities Industry, J. Ryan Lamare, David B. Lipsky

Articles and Chapters

This article empirically examines whether employment discrimination claims differ from other types of disputes resolved through arbitration. Whether arbitration is appropriate for resolving violations of anti-discrimination statutes at work is a focus of ongoing policy debates. Yet empirical scholarship has rarely considered whether different types of complaints might have distinct characteristics and receive varied outcomes in arbitration. The authors analyze all of the employment arbitration awards for cases filed between 1991 and 2006 in the financial services industry to determine whether differences in the type of allegation affect award outcomes. They also examine the effects of the financial industry’s ...


Mediation And Millennials: A Dispute Resolution Mechanism To Match A New Generation, Shawna Benston, Brian Farkas 2018 Touro College Jacob D. Fuchsberg Law Center

Mediation And Millennials: A Dispute Resolution Mechanism To Match A New Generation, Shawna Benston, Brian Farkas

Journal of Experiential Learning

No abstract provided.


Collaborating For Transformation, Marjorie A. Silver 2018 Touro Law Center

Collaborating For Transformation, Marjorie A. Silver

Journal of Experiential Learning

No abstract provided.


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