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Full-Text Articles in Law
Measuring "Access To Justice" In The Rush To Digitize, Amy J. Schmitz
Measuring "Access To Justice" In The Rush To Digitize, Amy J. Schmitz
Faculty Publications
Access to Justice (A2J) is the hot topic of the day, energizing Twitter and judges alike. Meanwhile, professors and policymakers join in song, singing the praises of online dispute resolution (ODR) as means for expanding A21. This is because ODR uses technology to allow for online claim diagnosis, negotiation, and mediation without the time, money, and stress of traditional court processes. Indeed, courts are now moving traffic ticket, condominium, landlord/tenant, personal injury, debt collection, and even divorce claims online. The hope is that online triage and dispute resolution systems will provide means for obtaining remedies for self-represented litigants (SRLs) and …
Addressing The Class Claim Conundrum With Online Dispute Resolution, Amy J. Schmitz
Addressing The Class Claim Conundrum With Online Dispute Resolution, Amy J. Schmitz
Faculty Publications
Consumers with similar claims in the United States (U.S.) often join forces to launch representative, or "class", actions. This allows them to obtain remedies with little cost and effort and serves a "private attorney general" function by bringing light to purchase problems that public enforcement offices may not have the resources to address. This is especially important for lower dollar claims that are too costly for each consumer to pursue individually.
Nonetheless, some have criticized class actions in the U.S. for forcing settlements and padding the pockets of lawyers, while leaving consumers with minimal pay outs. At the same time, …
Glencore I: Adopting Stabilization Clauses In Investment Contracts And Seeking Non-Pecuniary Remedies In Investment Arbitration Still Makes Sense Glencore International A.G. And C.I. Prodeco S.A. V. Republic Of Colombia (Icsid, Case No. Arb/16/6), Gilberto A. Guerrero-Rocca
Glencore I: Adopting Stabilization Clauses In Investment Contracts And Seeking Non-Pecuniary Remedies In Investment Arbitration Still Makes Sense Glencore International A.G. And C.I. Prodeco S.A. V. Republic Of Colombia (Icsid, Case No. Arb/16/6), Gilberto A. Guerrero-Rocca
Faculty Publications
No abstract provided.
Ethical Compass: Celebration, Elayne E. Greenberg
Ethical Compass: Celebration, Elayne E. Greenberg
Faculty Publications
(Excerpt)
Let’s raise our glasses to toast our esteemed Chief Judge, the Honorable Janet DiFiore, for making Presumptive ADR a central part of the New York Office of Court Administration’s civil case management. In her February 26, 2019 State of the Judiciary Address, Chief Judge Janet DiFiore announced that the New York Office of Court Administration is formally adopting Presumptive ADR. Although all ADR processes such as settlement conferences, negotiations, arbitration and early neutral evaluation may be used to help settle cases, a focus will be on mediation. Presumptive ADR will apply to almost all civil cases filed in New …