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Full-Text Articles in Law
Legal Lying?, Robert Angyal, Nicholas Saady
Legal Lying?, Robert Angyal, Nicholas Saady
Pepperdine Dispute Resolution Law Journal
Mediation has become very common in the USA and Australia—at least partly because of court-mandated mediation initiatives. Lawyers often represent clients at mediations, so the increased use of mediation makes it important to understand how both jurisdictions regulate lawyers’ advocacy on behalf of their clients during mediation. This article comparatively analyzes how professional standards regulate the truthfulness of lawyers’ advocacy during mediation in Australia and the United States. It focuses on uniform regulation in those jurisdictions. Part One will comparatively analyze the relevant regulations in Australia and the United States, and the types of obligations contained in those regulations—for example, …
Environmental Restorative Justice, Aiden Stark
Environmental Restorative Justice, Aiden Stark
Pepperdine Dispute Resolution Law Journal
Section I briefly introduces this article. Section II discusses the gravity of environmental crimes. Section III highlights the history of environmental criminal prosecution. Section IV explains how environmental crimes are currently prosecuted. Section V demonstrates how restorative justice procedures work. Section VI critiques the only previous analysis applying restorative justice to environmental crimes in the United States. Section Vll walks through Australian Justice Preston's analysis, which provides a proper foundation for applying restorative justice to environmental crimes. Section VIII applies Justice Preston's framework to criminal procedures in the United States. Section IX discusses criticisms that will be raised by bringing …
International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason
International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason
Pepperdine Dispute Resolution Law Journal
This article will explore the advantages of instituting appellate mechanisms in investor-state disputes and international commercial arbitration. Part II begins with a review of the WTO Appellate Body's development and workings, followed by an analysis of other appellate procedures for international trade law arbitration, including the MERCOSUR system's Permanent Court and the Grain and Feed Trade Association's appeals process. Part III examines the current methods for reviewing investor-state arbitration awards under ICSID and NAFTA. Part III goes on to advocate for the creation of an Appeals Facility, separate from current arbitral institutions, which would be empowered to hear appeals in …
To Certify, Or Not To Certify: A Comparison Of Australia And The U.S. In Achieving National Mediator Certification, Mandy Zhang
To Certify, Or Not To Certify: A Comparison Of Australia And The U.S. In Achieving National Mediator Certification, Mandy Zhang
Pepperdine Dispute Resolution Law Journal
This article aims to trace the progress of establishing mediation accreditation in Australia and the United States. Part II briefly describes how each country came to the decision of exploring the necessity of national mediator certification, and also illustrates the proposed designs for the Australian certification program and U.S. certification program recommended by the ACR. Part III suggests possible reasons for why the U.S. has failed to implement the mediator certification program proposed by the ACR while Australia is moving forward to establish their system. Part IV concludes with why the U.S. should continue to push for national mediator accreditation …