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Articles 1 - 30 of 77
Full-Text Articles in Law
Measures To Encourage And Reward Post-Dispute Agreements To Arbitrate Employment Discrimination Claims, Michael Z. Green
Measures To Encourage And Reward Post-Dispute Agreements To Arbitrate Employment Discrimination Claims, Michael Z. Green
Nevada Law Journal
No abstract provided.
If You Love Arbitration, Set It Free: How "Mandatory" Undermines "Arbitration", David S. Schwartz
If You Love Arbitration, Set It Free: How "Mandatory" Undermines "Arbitration", David S. Schwartz
Nevada Law Journal
No abstract provided.
Introduction: Dreaming About Arbitration Reform, Jean R. Sternlight
Introduction: Dreaming About Arbitration Reform, Jean R. Sternlight
Nevada Law Journal
No abstract provided.
Extending Owbpa Notice And Consent Protections To Arbitration Agreements Involving Employees And Consumers, Christopher J. Kippley, Richard A. Bales
Extending Owbpa Notice And Consent Protections To Arbitration Agreements Involving Employees And Consumers, Christopher J. Kippley, Richard A. Bales
Nevada Law Journal
No abstract provided.
Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz
Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz
Nevada Law Journal
No abstract provided.
Arbitration Law's Separability Doctrine After Buckeye Check Cashing, Inc. V. Cardegna, Stephen J. Ware
Arbitration Law's Separability Doctrine After Buckeye Check Cashing, Inc. V. Cardegna, Stephen J. Ware
Nevada Law Journal
No abstract provided.
In Defense Of Mandatory Binding Arbitration (If Imposed On The Company), Jean R. Sternlight
In Defense Of Mandatory Binding Arbitration (If Imposed On The Company), Jean R. Sternlight
Nevada Law Journal
No abstract provided.
Federal Common Law And Arbitral Power, Alan Scott Rau
Federal Common Law And Arbitral Power, Alan Scott Rau
Nevada Law Journal
No abstract provided.
Codifying Manifest Disregard, Christopher R. Drahozal
Codifying Manifest Disregard, Christopher R. Drahozal
Nevada Law Journal
No abstract provided.
Parties' Power To Vary Standards For Review Of International Commercial Arbitration Awards, Richard E. Speidel
Parties' Power To Vary Standards For Review Of International Commercial Arbitration Awards, Richard E. Speidel
Nevada Law Journal
No abstract provided.
The Minimal Role Of Federalism And State Law In Arbitration, Edward Brunet
The Minimal Role Of Federalism And State Law In Arbitration, Edward Brunet
Nevada Law Journal
No abstract provided.
Preserving The Federal Arbitration Act By Reigning In Judicial Expansion And Mandatory Use, Maureen A. Weston
Preserving The Federal Arbitration Act By Reigning In Judicial Expansion And Mandatory Use, Maureen A. Weston
Nevada Law Journal
No abstract provided.
Process Purity And Innovation: A Response To Professors Stempel, Cole, And Drahozal, Richard C. Reuben
Process Purity And Innovation: A Response To Professors Stempel, Cole, And Drahozal, Richard C. Reuben
Nevada Law Journal
No abstract provided.
Determining An Arbitrator's Jurisdiction: Timing And Finality In American Law, William W. Park
Determining An Arbitrator's Jurisdiction: Timing And Finality In American Law, William W. Park
Nevada Law Journal
No abstract provided.
Revising The Faa To Permit Expanded Judicial Review Of Arbitration Awards, Sarah Rudolph Cole
Revising The Faa To Permit Expanded Judicial Review Of Arbitration Awards, Sarah Rudolph Cole
Nevada Law Journal
No abstract provided.
Keeping Arbitrations From Becoming Kangaroo Courts, Jeffrey W. Stempel
Keeping Arbitrations From Becoming Kangaroo Courts, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers
The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers
Nevada Law Journal
No abstract provided.
The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich
The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich
Nevada Law Journal
No abstract provided.
Returning To The Circle: The Reemergence Of Traditional Dispute Resolution In Native American Communities, Jessica Metoui
Returning To The Circle: The Reemergence Of Traditional Dispute Resolution In Native American Communities, Jessica Metoui
Journal of Dispute Resolution
An examination of Native American cultural definitions of justice illustrates the cultural relevance of traditional dispute resolution processes. Because these alternative processes focus largely on community inclusion and the importance of party healing after a crime, concepts central to Native American worldview, traditional dispute resolution is superior to the mainstream adversarial court system for handling many criminal matters in the Native American context. The successes of traditional dispute resolution processes in Native American communities are also evidence of the potential cross cultural applications of such processes within the mainstream criminal justice system
From Darfur To Sinai To Kashmir: Ethno-Religious Conflicts And Legalization, Sandeep Gopalan
From Darfur To Sinai To Kashmir: Ethno-Religious Conflicts And Legalization, Sandeep Gopalan
Buffalo Law Review
No abstract provided.
Mediation, Improvisations, And All That Jazz, John W. Cooley
Mediation, Improvisations, And All That Jazz, John W. Cooley
Journal of Dispute Resolution
In the present article, we will be exploring the subject of improvisation generally from the perspective of mediation and jazz as performance arts; the roles of the jazz musician, the mediator, and the mediation advocate as creative problem solvers; the elements of jazz in mediation; and the collective conversation in jazz as compared with the collective conversation in mediation.
Community Lawyering In The Juvenile Cellblock: Creative Uses Of Legal Problems Solving To Reconcile Competing Narratives On Prosecutorial Abuse, Juvenile Criminality, And Public Safety, David Dominguez
Journal of Dispute Resolution
The power imbalance in juvenile legal proceedings is so lopsided that children and families are routinely overpowered and intimidated by administratively convenient processes and outcomes. I fully understand (and at times envy) the zealous legal advocate who champions his young client's cause and "makes the system pay." But I have found over my years of Community Lawyering that zealous advocacy can become so critical of institutional error that it bums problem solving relationships and destroys the chance to negotiate for mutual gain and structural reform. Zealous advocacy can win at the detention hearing and force the juvenile justice system to …
State Legislative Update, J. Matthew Belz, Caleb Lewis, Remington Smith, Peter Wilder
State Legislative Update, J. Matthew Belz, Caleb Lewis, Remington Smith, Peter Wilder
Journal of Dispute Resolution
Collaborative law is a relatively new dispute resolution method by which parties mutually agree to negotiate a settlement in good faith. Either party may terminate the collaborative process at will and present the matter to a court for a decision. Upon termination of the collaborative process, both attorneys must withdraw and cease all participation in the case. The continuing saturation of court dockets and the expense of litigation require the promotion of viable, alternative means to resolve disputes. Collaborative law as authorized under Texas Senate Bill 942 is an especially attractive process because it demands cooperation between the disputing parties …
Beyond Let Them Eat Cake: An Argument For The Armendariz Method Of Cost Allocation In Mandatory Employment And Consumer Arbitration, Dan O'Hearn
Journal of Dispute Resolution
Jane Doe is a twenty-two year old young woman who recently has been experiencing problems at work. About two years ago, Jane took a job at a local fast food establishment, Bubba's, which is a subsidiary of a larger corporation. The job has provided barely enough income for Jane to support herself and her two year old daughter while she has been earning an associate teaching degree at the local junior college. Jane planned to continue working at Bubba's while finishing her degree, but the recent behavior of her supervisor has made her question whether she will be able to …
Sacrificing Settlement Agreements In The Name Of Mediation Confidentiality: The California Supreme Court's Narrow Holding Has Harsh Consequence, Laura J. Bettenhausen
Sacrificing Settlement Agreements In The Name Of Mediation Confidentiality: The California Supreme Court's Narrow Holding Has Harsh Consequence, Laura J. Bettenhausen
Journal of Dispute Resolution
Confidentiality is regarded as one of the primary benefits of mediation. For parties who wish to avoid the public eye, mediation is often preferable to court. However, when parties reach some form of a settlement agreement during mediation, and subsequently disagree as to the terms of that agreement, the parties may find themselves in court. In court, the issue of whether the settlement agreement is admissible arises. In Fair v. Bakhtiari, the California Supreme Court addressed the question of whether an arbitration provision listed in a settlement agreement renders the agreement admissible under the California Evidence Code. The court emphasized …
Arbitration By Accident: The Consequence Of Unintentionally Meeting The Clear And Unmistakable Evidence Standard, Mark A. Mulchek
Arbitration By Accident: The Consequence Of Unintentionally Meeting The Clear And Unmistakable Evidence Standard, Mark A. Mulchek
Journal of Dispute Resolution
A fundamental principle of arbitration law is that parties may only be compelled to submit an issue to arbitration if they agreed to do so. The question of when an arbitrator, instead of a district court, can decide the arbitrability of an issue has been taken up by the courts in recent years. In First Options of Chicago, Inc. v. Kaplan, the Supreme Court stated that an arbitrator may decide questions of arbitrability only when the parties have "clearly and unmistakably" agreed to defer such questions to an arbitrator. Since First Options, the lower courts have attempted to define when …
Only The Rich Can Afford A Remedy: The Unconscionable Enforcement Of Arbitration Provisions Against The Indigent, Ryan M. Turley
Only The Rich Can Afford A Remedy: The Unconscionable Enforcement Of Arbitration Provisions Against The Indigent, Ryan M. Turley
Journal of Dispute Resolution
In Overstreet v. Contigroup Cos., Inc.,2 the Fifth Circuit Court of Appeals held that neither economic disadvantage nor undisclosed arbitration fees may form the basis for striking down an arbitration provision on the grounds of unconscionability.3 While the Supreme Court and the Federal Arbitration Act (FAA) expressly authorize the use of the doctrine of unconscionability to invalidate arbitration provisions, courts are sharply divided on its proper application. 4 The difficult juxtaposition of the Supreme Court's interpretation of the FAA as a "liberal federal policy favoring arbitration" and the traditional application of unconscionability as a means of policing unfair contracts has …
Application Of Due Process To Arbitration Awards Of Punitive Damages - Where Is The State Action, The, Charles Smith
Application Of Due Process To Arbitration Awards Of Punitive Damages - Where Is The State Action, The, Charles Smith
Journal of Dispute Resolution
This article will analyze why the position of the courts-no state action-is correct. Specifically, this article will take the position that the policy of finality traditionally found in arbitration law must trump any constitutional inquiries. This is because arbitration is ultimately based on the parties' agreement, which inevitably recites that the arbitrator's decision shall be final and, in any event, this finality is generally implied.
Mediator As Cook: Mediation Metaphors At The Movies, The, Jennifer L. Schulz
Mediator As Cook: Mediation Metaphors At The Movies, The, Jennifer L. Schulz
Journal of Dispute Resolution
In this article I will explore the vitality of the metaphor of the mediator as cook by tracing it through other food and conflict resolution related films. In so doing, I hope to achieve two things: first, to continue to insist that non-adversarial processes like mediation be included in the study of Law & Film, and second, to show that the metaphor suggested for mediators based on one film, resonates in other films and suggests new insights about mediator style and practice. Through a Law & Film analysis of two films, Soul Food and Mostly Martha, I will argue that …
Low-Value &(And) Predictably Small: When Should Class-Arbitration Waivers Be Invalidated As Unconscionable, Christopher B. Mckinney
Low-Value &(And) Predictably Small: When Should Class-Arbitration Waivers Be Invalidated As Unconscionable, Christopher B. Mckinney
Journal of Dispute Resolution
In Muhammad v. County Bank of Rehoboth Beach, the New Jersey Supreme Court chose the interests of consumers over liberally construed Federal Arbitration Act (FAA) policies in deciding that a no class-arbitration provision contained within a payday loan contract was unconscionable. The court used state law contract principles to invalidate the clause, finding that the clause violated several state public policies. Particularly important to the court was the fact that individual claims for damages would be nominal, and thus individual vindication of statutory rights would prove too costly to be practical. In making this distinction, the court suggested a preference …