Law Commons^™

How To Negotiate Better Than Donald Trump, Peter R. Reilly

Peter R. Reilly

No abstract provided.

Arbitration And International Institutions, Hugh Ault

Hugh J. Ault

Justice Or Just Between Us? Empirical Evidence Of The Trade-Off Between Procedural And Interactional Justice In Workplace Dispute Resolution, Zev Eigen, Adam Seth Litwin

Adam Seth Litwin

In this article, the authors examine the relationship between an employer’s implementation of a typical dispute resolution system (DRS) and organizational justice, perceived compliance with the law, and organizational commitment. They draw on unique data from a single, geographically expansive, U.S. firm with more than 100,000 employees in more than 1,000 locations. Holding all time-constant, location-level variables in place, they find that the introduction of a DRS is associated with elevated perceptions of interactional justice but diminished perceptions of procedural justice. They also find no discernible effect on organizational commitment, but a significant boost to perceived legal compliance by the …

The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough, Kati Griffith

Kati Griffith

[Excerpt] This Article explores an underappreciated and promising NLRA protection of collective activity. It elaborates the NLRA’s role as a defense in state defamation cases. Specifically, this Article explains how the “NLRA defamation defense” frees defendants from some forms of defamation liability when the allegedly defamatory statements are made during labor disputes. The defense has no effect on defamation liability in what this Article refers to as “more egregious” state defamation law cases. However, the defense forecloses liability in “less egregious” state defamation law cases. It makes it harder for defamation plaintiffs to win their cases because it requires them …

Saturns And Rickshaws Revisited: What Kind Of Employment Arbitration System Has Developed?, Alexander Colvin, Kell Pike

Alexander Colvin

[Excerpt] In this article, we examine a new, more detailed dataset of employment arbitration cases administered by the American Arbitration Association (AAA), which includes information on many important aspects of these cases that are not included in the California Code of Civil Procedure disclosure requirements. With the availability of this new data, we are able to revisit Estreicher's argument and look at the question of whether employment arbitration has become a new Saturn system of justice providing better access to employees and to what degree it is different from the Cadillac-Rickshaw system of justice in employment litigation. We begin by …

Students' Union Courts As Arbitral Tribunals In Nigerian Law: The Case Of The University Of Nigeria, Obiora Okafor

Obiora Chinedu Okafor

No abstract provided.

The Political And Economic Roots Of The Adversary System Of Justice And Alternative Dispute Resolution, 9 Ohio St. J. On Disp. Resol. 203 (1994), Paul Wangerin

Paul Wangerin

No abstract provided.

Arbitration As A Means Of Resolving Sovereign Debt Disputes, 17 Am. Rev. Int'l Arb. 335 (2006), Karen Cross

Karen Halverson Cross

No abstract provided.

Getting To Yes In Specialized Courts: The Unique Role Of Adr In Business Court Cases, Benjamin Tennille, Lee Applebaum, Anne Tucker

Anne Tucker

No abstract provided.

Securities Arbitration: A Need For Continued Reform, William Gregory, William Schneider

William A. Gregory

No abstract provided.

Auctioning Class Settlements, Jay Tidmarsh

Jay Tidmarsh

Although they promise better deterrence at a lower cost, class actions are infected with problems that can keep them from delivering on this promise. One of these problems is the issue of agency cost, in which the agents of the class (the class representative and class counsel) advance their own interests at the expense of the class. Controlling agency cost, which often manifests itself at the time of settlement, has been the impetus behind a number of class-action reform proposals.

This Essay develops an idea that, in conjunction with reforms in fee structure and opt-out rights, controls agency costs at …

Resurrecting Trial By Statistics, Jay Tidmarsh

Jay Tidmarsh

“Trial by statistics” was one means by which a court could resolve a large number of aggregated claims: a court could try a random sample of claim, and extrapolate the average result to the remainder. In Wal-Mart, Inc. v. Dukes, the Supreme Court seemingly ended the practice at the federal level, thus removing from judges a tool that made mass aggregation more feasible.

After examining the benefits and drawbacks of trial by statistics, this Article suggests an alternative that harnesses many of the positive features of the technique while avoiding its major difficulties. The technique is the “presumptive judgment”: …

Without Precedent: Legal Analysis In The Age Of Non-Judicial Dispute Resolution, Mark Burge

Mark Edwin Burge

No abstract provided.

Recommendations On Public Policy In The Enforcement Of Arbitral Awards, Winnie Ma

Winnie Ma

Extract: Unruly applications of the inherently unruly public-policy exception persist, primarily because the public-policy paradox of the New York Convention persists - that is, the public-policy exception to the pro-enforcement public policy. Consequently, the concept of international public policy remains problematic.

Procedures For Challenging Arbitrators: Lessons For And From Taiwan, Winnie Ma

Winnie Ma

The parties to arbitration may challenge their arbitrators for genuine reasons, such as lack of impartiality, independence or competence. However, the parties may also misuse or abuse the challenge procedures as dilatory (and even as guerrilla) tactics. Ideally, the procedures for challenging arbitrators should uphold arbitral integrity and legitimacy without unduly compromising arbitral expediency and efficiency. This article explores two controversies concerning the arbitrator challenge procedures. First, who should decide on the challenge - the arbitral tribunal including or excluding the challenged arbitrators, or a separate and neutral entity such as an arbitral institution? Second, should the arbitral proceedings continue …

Parallel Proceedings And International Commercial Arbitration: The International Law Association's Recommendations For Arbitrators, Winnie Ma

Winnie Ma

In 2006 the International Law Association adopted various recommendations to facilitate consistency in the arbitrators' approach to parallel proceedings. The ILA confirms the possibility of parallel judicial and arbitral proceedings notwithstanding the persistent debate on whether the arbitral tribunals or the state courts should have priority in determining arbitral jurisdictions. By widening the definition of parallel proceedings to include related proceedings involving substantially the same parties and issues, the ILA provides different recommendations for different types of parallel proceedings. These recommendations advise arbitrators to consider the interests of arbitral efficiency and the possibility of annulment when deciding whether to exercise …

Cle Lecture On Negotiation, Peter Reilly

Peter R. Reilly

No abstract provided.

Speaker, “Between Law And Religion: Procedural Challenges To Religious Arbitration Awards”, Michael Helfand

Michael A Helfand

No abstract provided.

Law And Negotiation: Necessary Partners Or Strange Bedfellows?, Nancy Schultz

Nancy Schultz

To what degree does legal authority dictate the outcomes of negotiations? Scholars have discussed the issue, and law students argue about it in their negotiation classes. A survey of practicing lawyers reveals that knowing the law is an important part of the preparation for negotiation, but that legal authority is not the primary determinant of negotiated outcomes in practice. Financial constraints, bargaining power, and negotiating skill are all reported as having a greater effect on negotiated outcomes than the law.

Speaker, “Religion’S Footnote Four: Church Autonomy As Arbitration”, Michael Helfand

Michael A Helfand

No abstract provided.

Speaker, “Religion’S Footnote Four: Church Autonomy As Arbitration”, Michael Helfand

Michael A Helfand

No abstract provided.

Speaker, “Religion’S Footnote Four: Church Autonomy As Arbitration”, Michael Helfand

Michael A Helfand

No abstract provided.

Speaker, “Church Autonomy And Religious Arbitration: Two Models Of Legal Pluralism”, Michael Helfand

Michael A Helfand

No abstract provided.

Speaker, “Church Autonomy And Religious Arbitration: Two Models Of Legal Pluralism”, Michael Helfand

Michael A Helfand

No abstract provided.

Die Mediation Der Geschichte: Von Der Wiedergutmachung Bis Zur Bürgerlichen Identität, Kenneth Ian Macduff

Ian Macduff

In states experiencing post-colonial processes of reconciliation and compensation for historical wrongs, mediators can find that their work with indigenous peoples and the states involves the mediation of history and memory. Such mediations have a further dimension: historical claims by indigenous peoples can also involve claims to a distinctive and identity-based citizenship. Mediations about the memory of past relations thus also deal with the prospects for a political future, including forms of sovereignty. Mediatoren werden bei ihrer Arbeit in Staaten, die sich in von Wiedergutmachung und Kompensation geprägten post-kolonialen Prozessen befinden, feststellen, dass ihre Arbeit mit den Eingeborenen und dem …

From Digital Deals To Cyber Citizens: Ict, Online Dispute Resolution, And Civic Dialogue, Kenneth Ian Macduff

Ian Macduff

No abstract provided.

Decision-Making And Commitments: The Impact Of Power Distance In Mediation, Kenneth Ian Macduff

Ian Macduff

No abstract provided.

Contradiction And Conflict: High- And Low-Context Communication In Mediation, Kenneth Ian Macduff

Ian Macduff

No abstract provided.

Book Review: Arbitration In China - A Practical Guide, Kam Wai, Warren Bartholomew Chik

Warren Bartholomew Chik

No abstract provided.

Recent Developments In Singapore On International Commercial Arbitration, Warren B. Chik

Warren Bartholomew Chik

No abstract provided.