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Dispute Resolution and Arbitration

University of Missouri School of Law

Activism

Articles 1 - 2 of 2

Full-Text Articles in Law

Faa Law, Without The Activism: What If The Bellwether Cases Were Decided By A Truly Conservative Court, Richard C. Reuben Jan 2012

Faa Law, Without The Activism: What If The Bellwether Cases Were Decided By A Truly Conservative Court, Richard C. Reuben

Faculty Publications

The U.S. Supreme Court has decided an extraordinary number of cases under the Federal Arbitration Act in the last half century, a pattern that continues today at the pace of a case or two a year. During this time, Republican presidential candidates have made much political hay out of the Supreme Court, running against the Warren Court’s “liberal activism” by promising to appoint judges who would decide cases more conservatively. In this article, I analyze whether this promise has been fulfilled in the context of the Supreme Court’s FAA jurisprudence by identifying the core principles of judicial conservatism – restraint, …


Mediator As Peacemaker: The Case For Activist Transformative-Narrative Mediation, Christopher Harper Jul 2006

Mediator As Peacemaker: The Case For Activist Transformative-Narrative Mediation, Christopher Harper

Journal of Dispute Resolution

This article proposes an approach to mediation encompassing aspects of both of these takes on mediation, something one might loosely think of as "activist transformative-narrative mediation." Essentially, this approach assumes the aspirations and ideology of Professor Gunning's "activist" take on transformative mediation and achieves those aspirations using techniques from narrative mediation. By employing this approach, mediators can actively assist parties to identify and achieve reconciliation, peace, and justice.