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Full-Text Articles in Law

Mediation And Millennials: A Generational Shift In Dispute System Preferences, Shawna Benston, Brian Farkas Sep 2019

Mediation And Millennials: A Generational Shift In Dispute System Preferences, Shawna Benston, Brian Farkas

Pace Law Review

Millennials have been the subject of intense media scrutiny for more than a decade. Studies have examined their social, financial, technological, and work habits. However, few studies have examined this generation’s attitudes or proclivities towards civil litigation. Such an examination presents two problems: First, the absence of data on litigants’ age makes an empirical study virtually impossible. Second, generalizations about an entire generation are inherently problematic, glossing over countless cultural, economic, familial, and demographic differences. Nevertheless, this Article argues that millennials’ experiences and educations have primed them, at the margins, to avoid litigation more than prior generations. Instead, this generation …


The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan Apr 2016

The Elimination Of Child “Custody” Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan

Pace Law Review

This article discusses how rebranding principles, already being used to alter social behavior in other non-consumer contexts, could be utilized to accomplish the legislative goal to reduce litigation as well as diminish animosity in custody cases. Part II of this article discusses the impetus for a transformation in the way parents view custody disputes. Part III discusses basic branding principles and how companies establish a brand and can successfully change their branding. Part IV explores the evolution of the current custody brand, identifies eight states that have eliminated “custody” and, in some cases, “visitation” from their vernacular, and discusses, in …


Managed Cooperation In A Post-Sago Mine Disaster World, Patrick R. Baker Jul 2013

Managed Cooperation In A Post-Sago Mine Disaster World, Patrick R. Baker

Pace Law Review

This article proposes a Commission mandated mediation process that will offer a solution to the case backlog that prevents regulatory capture while promoting managed cooperation and communication toward a common goal: safety. While the Commission has implemented new rules, procedures, and steps that have helped the backlog, these improvements have only addressed the symptoms and not the cause. Currently, the solutions have focused on how to reduce the case backlog, instead of creating a system that allows for communication and cooperation, while ensuring compliance and safety. While there has been disagreement as to whether or not the case backlog undermines …


Travel Abroad, Sue At Home 2012: Forum Non Conveniens & The Enforcement Of Forum Selection And Mandatory Arbitration Clauses, Thomas A. Dickerson Oct 2012

Travel Abroad, Sue At Home 2012: Forum Non Conveniens & The Enforcement Of Forum Selection And Mandatory Arbitration Clauses, Thomas A. Dickerson

Pace Law Review

A common litigation strategy is to sue in the U.S. in federal or state court against a solvent defendant subject to long-arm jurisdiction and the application of U.S. common law or statutory law. Such cases raise a variety of complex liability and procedural issues including liability shifting, jurisdiction, forum non conveniens, and choice of law. This Article will identify various types of travel accidents abroad, and discuss the doctrine of forum non conveniens and the enforceability of forum selection and mandatory arbitration clauses in travel consumer contracts.


Private Resolution Of Public Disputes: Employment, Arbitration, And The Statutory Cause Of Action, Griffin Toronjo Pivateau Jun 2012

Private Resolution Of Public Disputes: Employment, Arbitration, And The Statutory Cause Of Action, Griffin Toronjo Pivateau

Pace Law Review

In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/contract continuum. My understanding of the nature of arbitration agreements relies on a previously existing area of employment law. There is a particular aspect of the employment relationship that, while open to contract, remains subject to constraints imposed by the law. A noncompete agreement permits an employee to contract with his employer to not work for a competitor following the termination of the employment relationship. This right to contract away the right to compete is, however, narrowly construed by the court system. A court may …


The End Of Mandatory Securities Arbitration?, Jill I. Gross Nov 2010

The End Of Mandatory Securities Arbitration?, Jill I. Gross

Pace Law Review

No abstract provided.


Kramer Vs. Kramer Revisited: A Comment On The Miller Commission Report And The Obligation Of Divorce Lawyers For Parents To Discuss Alternative Dispute Resolution With Their Clients, Andrew Schepard Jun 2007

Kramer Vs. Kramer Revisited: A Comment On The Miller Commission Report And The Obligation Of Divorce Lawyers For Parents To Discuss Alternative Dispute Resolution With Their Clients, Andrew Schepard

Pace Law Review

No abstract provided.


Is There A Compelling Interest To Compel ? Examining Pre-Hearing Subpoenas Under The Federal Arbitration Act, Dean W. Sattler Sep 2006

Is There A Compelling Interest To Compel ? Examining Pre-Hearing Subpoenas Under The Federal Arbitration Act, Dean W. Sattler

Pace Law Review

No abstract provided.