Law Commons^™

Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure

University of Arkansas at Little Rock Law Review

No abstract provided.

Arbitration Agreements In Arkansas After Concepcion, John C. Williams

University of Arkansas at Little Rock Law Review

No abstract provided.

Quantifying The Economic Benefits Of Effective Redress: Large E-Commerce Data Sets And The Cost-Benefit Case For Investing In Dispute Resolution, Colin Rule

University of Arkansas at Little Rock Law Review

Demonstrating the economic benefit of investments in fair and effective redress systems has been one of the greatest challenges for dispute resolution. This article uses results from large e-commerce data sets to demonstrate the quantifiable benefit in of investments in effective dispute resolution processes. Specifically, the data is based not on user-reported satisfaction, which can be unreliable, but instead on an analysis of the actual behavior of users before and after a dispute event. The result is hard evidence of the economic benefits from the deployment of effective redress processes, which is relevant to e-commerce service providers, as well as …

Leveling Up To Immersive Dispute Resolution (Idr) In 3-D Virtual Worlds: Learning And Employing Key Idr Skills To Resolve In-World Developer-Participant Conflicts, Lucille M. Ponte

University of Arkansas at Little Rock Law Review

This article proposes a new conflict resolution approach called "immersive dispute resolution" (IDR) through the use of existing communication and graphical technology in 3-D virtual worlds as well as the collaborative and strategic thinking skills virtual world participants acquire in digital experiences. Specifically, this article begins by discussing research on learning in virtual worlds, with an emphasis on key collaborative conflict resolution skills accumulated through play in virtual environments. Next, this article discusses current dispute resolution processes available in certain 3-D worlds which fail to leverage the technology or collaborative skills available in these environments, and finishes with a call …

An Empirical Study Of Predispute Mandatory Arbitration Clauses In Social Media Terms Of Service Agreements, Michael L. Rustad, Richard Buckingham, Diane D’Angelo, Katherine Durlacher

University of Arkansas at Little Rock Law Review

This Article is the first empirical study of the use of predispute mandatory arbitration clauses by social networking sites (SNSs) and sheds light on whether SNSs are using arbitration clauses strategically in order to complete a "liability-free" zone in cyberspace. Our empirical findings reveal that SNS arbitration clauses contravene many of the basic principles deemed indispensable for a fundamentally fair process for consumers to obtain civil recourse for recognized torts and remedies for contract disputes. Congress needs to prohibit predispute mandatory arbitration clauses in terms of service agreements and privacy policies.

Building Bridges To Remedies For Consumers In International Conflicts, Amy J. Schmitz

University of Arkansas at Little Rock Law Review

This essay addresses the lack of consumer remedy mechanism, and attempts to open consideration of expanded use of online processes for resolving business-to-consumer (B2C) eConflicts. Specifically, the essay attempts to highlight the problems created by problematic and uncertain enforcement of B2C arbitration, and proposes the use of the Internet to create fair and globally enforceable Online Dispute Resolution and Online Arbitration (OArb) mechanisms. These mechanisms would capitalize on the growth and efficiency of the Internet while protecting consumers from burdensome and/or expensive procedures that render existing remedies meaningless.

The essay begins by discussing the importance of fair and accepted B2C …

Arbitration After Hall Street V. Mattel: What Happens Next?, Stanley A. Leasure

University of Arkansas at Little Rock Law Review

No abstract provided.

Vacatur Of Arbitration Awards: The Poor Loser Problem Or Loser Pays?, Stanley A. Leasure

University of Arkansas at Little Rock Law Review

In B. L. Harbert International, LLC. v. Hercules Steel Co., decided in February 2006, the Eleventh Circuit Court of Appeals took the opportunity to express its "exasperation" with the growing tendency of losing parties in arbitration disputes to take a "never-say-die attitude" in the pursuit of vacatur of arbitral decisions "without any real legal basis for doing so" and its concern for the concomitant threat to the underlying purposes of the Federal Arbitration Act (FAA).

Applying the Harbert "any real legal basis" requirement raises several concerns that can be assuaged only by courts' commitment to focus on balancing following two …

Finality Versus Consistency: Does Investor-State Arbitration Need An Appellate System, Ian Laird, Rebecca Askew

The Journal of Appellate Practice and Process

No abstract provided.

Pre-Argument Settlement At The Michigan Court Of Appeals: A Secret Too Well Kept, Jeremy L. Fetty

The Journal of Appellate Practice and Process

No abstract provided.

Appellate Mediation In Pennsylvania: Looking Back At The History And Forward To The Future, Sandra Schultz Newman, Scott E. Friedman

The Journal of Appellate Practice and Process

No abstract provided.

Appellate Mediation In New Mexico: An Evaluation, Roger A. Hanson, Richard Becker

The Journal of Appellate Practice and Process

No abstract provided.

Mediation In The New Mexico Court Of Appeals, Richard Becker

The Journal of Appellate Practice and Process

A mediator gives a summary of the implementation of, procedure relating to, and role of lawyers in the New Mexico Court of Appeals’s mediation program.

Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine

The Journal of Appellate Practice and Process

The Civil Justice Reform Act of 1990 encouraged all federal district courts to implement alternative dispute resolution programs. Federal Courts of Appeals implemented alternative dispute resolution programs as early as 1974. This article surveys federal alternative dispute resolution programsthen takes an in-depth look at the Eleventh Circuit’s program. The article provides advice for appellate advocacy during mediation.

Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner

University of Arkansas at Little Rock Law Review

No abstract provided.

Arbitration Of A Securities Dispute—An Overview For The Practitioner, Richard C. Downing, Patrick R. James

University of Arkansas at Little Rock Law Review

No abstract provided.

Securities—Arbitration—Agreements To Arbitrate Are Valid, John P. Neihouse

University of Arkansas at Little Rock Law Review

No abstract provided.