Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 20 of 20
Full-Text Articles in Law
Designing Responsive Legal Systems: A Comparative Study, Nofit Amir, Michal Alberstein
Designing Responsive Legal Systems: A Comparative Study, Nofit Amir, Michal Alberstein
Pepperdine Dispute Resolution Law Journal
The drive for efficiency has caused many legal systems to redesign themselves, creating multiple paths for dispute resolution and incorporating settlement-promoting tools into the judicial role. However, as this study shows, legal systems have taken divergent approaches as they redesign themselves to accommodate settlement practices, leading to widely disparate results. This study probes the paths taken by three countries’ legal systems—England and Wales (common law), Israel (mixed), and Italy (continental law)—drawing on court docket analyses, courtroom observations, and interviews with judges in the three legal systems. It uncovers central points of divergence—emphasized stage of dispute resolution, separation vs. combination of …
Judicial And Practitioner Perspectives On Adr, Young Hye Chun
Judicial And Practitioner Perspectives On Adr, Young Hye Chun
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Lightening The Load Or Losing Potential? Adr And The Courts Of Appeal, Paul Thies
Lightening The Load Or Losing Potential? Adr And The Courts Of Appeal, Paul Thies
Pepperdine Dispute Resolution Law Journal
No abstract provided.
“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty
“Islamic Law” In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty
Pepperdine Law Review
At the beginning of 2014, about a dozen states introduced or re-introduced bills to ban the use of Sharī’ah law. They hope to join the seven states that have ostensibly banned it to date. Anti-Sharī’ah advocates have cited a number of cases to back their tenuous claim that Sharī’ah is stealthily sneaking in through the doctrine of comity, but a close examination of the cases they cite contradicts their claim. Comity, when one court defers to the jurisdiction of another, has been accepted and denied based on legal principles and public policy, on a case-by-case basis. There is no creeping …
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Pepperdine Dispute Resolution Law Journal
The article offers information on the history, development and significance of international arbitration in India. It analyzes the decision of the Indian Supreme Court in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., which marks the era of major changes in Indian law regarding international arbitration. It mentions that development of Indian arbitration law enhances global standards and attitudes toward international dispute resolution in India.
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns
Pepperdine Dispute Resolution Law Journal
This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.
The Mandatory Summary Jury Trial In Federal Court: Foundationally Flawed, Nina Jill Spiegel
The Mandatory Summary Jury Trial In Federal Court: Foundationally Flawed, Nina Jill Spiegel
Pepperdine Law Review
No abstract provided.
Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone
Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone
Pepperdine Law Review
No abstract provided.
The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun
The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun
Pepperdine Law Review
No abstract provided.
Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel
Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel
Pepperdine Law Review
No abstract provided.
The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield
The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield
Pepperdine Law Review
No abstract provided.
The Unjustified Furor Over Securities Arbitration, Gilbert R. Serota
The Unjustified Furor Over Securities Arbitration, Gilbert R. Serota
Pepperdine Law Review
No abstract provided.
Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman
Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman
Pepperdine Law Review
No abstract provided.
Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation, John L. Barkai, Gene Kassebaum
Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation, John L. Barkai, Gene Kassebaum
Pepperdine Law Review
No abstract provided.
Mediation - A Preferred Method Of Dispute Resolution, Kenneth R. Feinberg
Mediation - A Preferred Method Of Dispute Resolution, Kenneth R. Feinberg
Pepperdine Law Review
No abstract provided.
Introduction: Second Symposium Issue On Alternative Dispute Resolution , L. Randolph Lowry
Introduction: Second Symposium Issue On Alternative Dispute Resolution , L. Randolph Lowry
Pepperdine Law Review
No abstract provided.
Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim
Pepperdine Dispute Resolution Law Journal
Recognizing the gaps in existing legislation, this article will argue that disputes arising between claimants and museums regarding the repatriation of Nazi-looted artwork should be decided by binding arbitration rather than litigation. To facilitate such arbitration, international law should support the creation of an arbitration commission, which would provide the most efficient and consistent way to resolve claims. Moreover, a neutral forum with clear rules of law and procedure capable of resolving claims would not only be more fair to claimants, but also to museums and personal collectors. This article will first discuss the severity and magnitude of Nazi looting …
How To Take Control Of The Runaway Litigation Train , Jeremy Fogel
How To Take Control Of The Runaway Litigation Train , Jeremy Fogel
Pepperdine Dispute Resolution Law Journal
My subject today is how informed and appropriate use of alternative dispute resolution can benefit the parties in a business dispute, both by reducing costs and by producing qualitatively better results. As I will explain, although my colleagues on the bench and I do not mind presiding over your cases, litigating a commercial case rarely is the best means of advancing the interests of the companies involved.
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper
Pepperdine Dispute Resolution Law Journal
Since its rise to power in July of 1994, the Rwandan government has been committed to prosecuting all those accused of genocide. To prosecute the approximately 130,000 defendants, Rwanda has adopted a program called gacaca, based on Rwanda's traditional customary dispute resolution system. The gacaca law provides a reconciliation component that allows defendants to trade confessions of past genocide crimes for indemnification, as well as a prosecution component that holds the most serious offenders accountable in a Western style prosecution in a formal court of law. One of the main goals of gacaca is to end the so-called "culture …
Revisiting The Promise Of Mediation For Employment Discrimination Claims , Susan K. Hippensteele
Revisiting The Promise Of Mediation For Employment Discrimination Claims , Susan K. Hippensteele
Pepperdine Dispute Resolution Law Journal
This paper generally examines the theory and practice of alternative dispute resolution (ADR) and specifically examines the role mediation has played in propelling rights discourse away from the center of efforts to achieve equal employment opportunity in the United States. It further addresses assumptions regarding individual employee goals in the context of a legal environment in which litigating to achieve rights-based remedies is increasingly difficult for grievants.