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Full-Text Articles in Law
When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells
When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells
Pepperdine Dispute Resolution Law Journal
The article focuses on the awards and arbitration of the resolution of the international commercial disputes with respect to the cross-border contracts and agreements. The enactment of the McCarran-Ferguson Act of the U.S. was for the prevention of the general applicability of the federal legislation in the authority of the states for the purpose of regulating the insurance industry. Information on the decision of the Supreme Court of the U.S. regarding this issue is also presented.
Pursuit Of Happiness And Resolution Of Conflict: An Agenda For The Future Of Adr, Arthur Pearlstein
Pursuit Of Happiness And Resolution Of Conflict: An Agenda For The Future Of Adr, Arthur Pearlstein
Pepperdine Dispute Resolution Law Journal
The article presents information on the study of happiness with respect to the conflict resolution and the goals of Alternative Dispute Resolution. The study of happiness with its disciplines and methodologies falls under the field of psychology. Information on the role of the American Psychological Association of the U.S. on the study and science of happiness that consists of the findings on the subject of medicine, economics, neuroscience and philosophy is also presented.
The Perfect Circle: Arbitration's Favors Become Its Flaws In An Era Of Nationalization And Regulation, Kimberly R. Wagner
The Perfect Circle: Arbitration's Favors Become Its Flaws In An Era Of Nationalization And Regulation, Kimberly R. Wagner
Pepperdine Dispute Resolution Law Journal
The article presents information on the evolution of international commercial arbitration and viability of alternative dispute resolution (ADR) process. It briefly discusses the importance of international commercial arbitration and several attributed reasons for its decline such as Americanization, nationalization, and overregulation. It reflects mediation as the replacement for arbitration, and compares the advantages of mediation and arbitration.
The Five-Tool Mediator: Game Theory, Baseball Practices, And Southpaw Scouting, Michael N. Widener
The Five-Tool Mediator: Game Theory, Baseball Practices, And Southpaw Scouting, Michael N. Widener
Pepperdine Dispute Resolution Law Journal
This essay borrows heavily from the fields of game theory, baseball business strategy and neuropsychology. Knitting these together, the author advocates that mediators become inciters and advocates for an outcome that solves problems, irrespective of the amount in controversy and the initial gap between offer and counter-offers of settlement. This is not an essay on how to do facilitator’s tasks in settlement negotiations; instead, the reader should consider how to think about the mediator’s role in the process, advancing the value proposition in negotiations. This essay does not propose that mediators become group therapists but instead urges them to relentlessly …
Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies, Heather Hojnacki
Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies, Heather Hojnacki
Pepperdine Dispute Resolution Law Journal
The article presents information on the reforms in the juvenile justice system of the U.S. through alternative dispute resolution-based strategies which has been illustrated with the U.S. Supreme Court cases Roper v. Simmons, and Graham v. Florida. It discusses rationale of the U.S. Supreme Court in Graham case and analyzes Graham's current and future impact. A proportionality standard expressed in legislative enactments and state practice was applied by the U.S. Supreme Court in Graham case.
Mediation Confidentiality: For California Litigants, Why Should Mediation Confidentiality Be A Function Of The Court In Which The Litigation Is Pending?, Rebecca Callahan
Mediation Confidentiality: For California Litigants, Why Should Mediation Confidentiality Be A Function Of The Court In Which The Litigation Is Pending?, Rebecca Callahan
Pepperdine Dispute Resolution Law Journal
The article presents information on mediation confidentiality. Confidentiality protections are available to California litigants depending on whether the litigants are in state or federal court. It depicts that California courts provide protection only when disputants utilize mediation for resolving their differences and also focuses on the evidence exclusion provision in which the privilege held by participant acts as bar to compel discovery without everyone's consent.
Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe
Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe
Pepperdine Law Review
No abstract provided.
Recent Developments In Alternative Dispute Resolution , Lee R. Petillon
Recent Developments In Alternative Dispute Resolution , Lee R. Petillon
Pepperdine Law Review
No abstract provided.
Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes , Henry H. Perritt Jr.
Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes , Henry H. Perritt Jr.
Pepperdine Law Review
No abstract provided.
Egaps - Arbitration Plans For Nonunion Employees , Charles J. Morris
Egaps - Arbitration Plans For Nonunion Employees , Charles J. Morris
Pepperdine Law Review
No abstract provided.
Negotiation From Strength: Advantage Derived From The Process And Strategy Of Preparing For Competitive Negotiation , R. Hanson Lawton
Negotiation From Strength: Advantage Derived From The Process And Strategy Of Preparing For Competitive Negotiation , R. Hanson Lawton
Pepperdine Law Review
No abstract provided.
Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan
Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan
Pepperdine Law Review
No abstract provided.
Lessons From The Hague - An Update On The Iran-United States Claims Tribunal , Richard M. Mosk
Lessons From The Hague - An Update On The Iran-United States Claims Tribunal , Richard M. Mosk
Pepperdine Law Review
No abstract provided.
Dispute Resolution In The Northwest , Bryan M. Johnston
Dispute Resolution In The Northwest , Bryan M. Johnston
Pepperdine Law Review
No abstract provided.
The Future Of Alternative Dispute Resolution, Thomas D. Lambros
The Future Of Alternative Dispute Resolution, Thomas D. Lambros
Pepperdine Law Review
No abstract provided.
The Outlook For Dispute Resolution In The United States, Mark L. Kahn
The Outlook For Dispute Resolution In The United States, Mark L. Kahn
Pepperdine Law Review
No abstract provided.
Consider Our Consumers, Thomas M. Reavley
Lawyers And Alternative Dispute Resolution Success, John S. Murray
Lawyers And Alternative Dispute Resolution Success, John S. Murray
Pepperdine Law Review
No abstract provided.
The Immediate Future Of Alternative Dispute Resolution, Dorothy W. Nelson
The Immediate Future Of Alternative Dispute Resolution, Dorothy W. Nelson
Pepperdine Law Review
No abstract provided.
The Immediate Future Of Alternative Dispute Resolution, Robert Coulson
The Immediate Future Of Alternative Dispute Resolution, Robert Coulson
Pepperdine Law Review
No abstract provided.
Essays On The Future Of Alternative Dispute Resolution: Introduction, L. Randolph Lowry
Essays On The Future Of Alternative Dispute Resolution: Introduction, L. Randolph Lowry
Pepperdine Law Review
No abstract provided.
Mediation Of Marital Disputes Before It Is Too Late: A Proposal For Premarital Contract Provisions For Mediation Of Disputes Within The Intact Family And At Separation , Robert F. Cochran Jr.
Mediation Of Marital Disputes Before It Is Too Late: A Proposal For Premarital Contract Provisions For Mediation Of Disputes Within The Intact Family And At Separation , Robert F. Cochran Jr.
Pepperdine Law Review
No abstract provided.
Preemption: The United States Arbitration Act, The Manifest Disregard Of The Law Test For Vacating An Arbitration Award, And State Courts, Paul Turner
Pepperdine Law Review
No abstract provided.
Construction Partnering: Can These Protocols Build A Stronger Labor-Management Community?, Jim Stott, Juan Carlos Gonzalez
Construction Partnering: Can These Protocols Build A Stronger Labor-Management Community?, Jim Stott, Juan Carlos Gonzalez
Pepperdine Dispute Resolution Law Journal
In an expansive marketplace where large organizations in the construction, manufacturing, service and union industries are facing increased global competition, collaborative labor relations are essential to maximizing efficiency and productivity. It is for this reason that developing collaboration between labor and management is highly researched and consulted by academics and professionals throughout the world. Although various models of collaboration have been developed, none have been found to clearly overcome that insidious conflict and paradigm of "Labor vs. Management." The purpose of this paper is to provide academics and consultants (mediators/facilitators) an additional perspective for designing, developing and implementing the best …
Eliminating The Mandatory Trade-Off: Should Employees Have The Right To Choose Arbitration ?, Michael Peabody
Eliminating The Mandatory Trade-Off: Should Employees Have The Right To Choose Arbitration ?, Michael Peabody
Pepperdine Dispute Resolution Law Journal
As more employers include mandatory arbitration provisions in their employment contracts, policy-makers are becoming concerned that employees are being forced to trade their civil and statutory rights for their jobs. The California Legislature is considering legislation designed to combat this tendency and to provide legal protection for employees who might otherwise be forced to waive the right for redress of grievances, legal protections against discrimination, and other rights. Although the legislation was designed to protect the constitutional rights of employees, there are legal considerations and policy concerns that challenge the viability of this type of legislation. The primary question is …
Judicial Policing Of Consumer Arbitration , Edward A. Dauer
Judicial Policing Of Consumer Arbitration , Edward A. Dauer
Pepperdine Dispute Resolution Law Journal
Adhesive consumer arbitration agreements pose questions that go beyond the problems of adhesion contracting generally. This essay describes why standard-form consumer arbitration requirements may be particularly troublesome. Despite its superficial neutrality, arbitration between individual consumers and business entities may be systematically more favorable to the business entities. The rules of arbitration law, however, inhibit effective judicial policing of the consequences of those inequalities. The federal sources of arbitration law further diminish the ability of state-based contract law to police the more subtle abuses. The result is a particularly difficult jurisprudential problem with a specially weakened legal solution. This essay offers, …
Medical Malpractice Arbitration In The New Millennium: Much Ado About Nothing ?, Ann H. Nevers
Medical Malpractice Arbitration In The New Millennium: Much Ado About Nothing ?, Ann H. Nevers
Pepperdine Dispute Resolution Law Journal
This paper reviews the constitutional issues surrounding medical malpractice arbitration clauses and the implementation of arbitration contracts, and the existing medical malpractice process. Federal preemption issues under the Federal Arbitration Act, enterprise liability and ERISA preemption, and cybermalpractice will be discussed. Finally, dispute resolution industry standards implemented by the American Arbitration Association and American Health Lawyers Association will be reviewed as well as current medical malpractice mediation practices in industry. While the past has shown that arbitration has not been used a great deal future trends may increase use. Emerging medical malpractice arbitration issues arising in the new millennium include …
Images Of Justice , Lela P. Love
Images Of Justice , Lela P. Love
Pepperdine Dispute Resolution Law Journal
This Essay crystallizes core elements of the major dispute resolution processes: litigation, arbitration and mediation. The purpose is both to clarify essential characteristics of and the role of the neutral in each process and to identify the relation of those characteristics and that role to a conception of "justice." The piece explores whether certain shifts in process characteristics or the neutral's role (for example, arbitration that is not voluntary or a mediator adopting an evaluative orientation) so fundamentally change the particular process as to compromise its relation to a compelling conception of fairness and justice.
Alternative Dispute Resolution In The New Millennium , Journal Editors
Alternative Dispute Resolution In The New Millennium , Journal Editors
Pepperdine Dispute Resolution Law Journal
Introduction to the inaugural issue of the Pepperdine Dispute Resolution Law Journal
The Future Of Adr, Edward A. Dauer
The Future Of Adr, Edward A. Dauer
Pepperdine Dispute Resolution Law Journal
This article addresses the use of alternative dispute resolution in health care.The article provides a historical analysis of medical malpractice and traces the development of ADR in healthcare. The article discusses the benefits that ADR can and will bring to health care in the future.