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Articles 1 - 20 of 20
Full-Text Articles in Law
The Severability Of Arbitrable And Nonarbitrable Securities Claims
The Severability Of Arbitrable And Nonarbitrable Securities Claims
Washington and Lee Law Review
No abstract provided.
Self-Help: Extrajudicial Rights, Privileges And Remedies In Contemporary American Society, Douglas I. Brandon, Melinda L. Cooper, Jeremy H. Greshin, Alvin L. Harris, James M. Head, Jr., Keith R. Jacques, Lea Wiggins
Self-Help: Extrajudicial Rights, Privileges And Remedies In Contemporary American Society, Douglas I. Brandon, Melinda L. Cooper, Jeremy H. Greshin, Alvin L. Harris, James M. Head, Jr., Keith R. Jacques, Lea Wiggins
Vanderbilt Law Review
This Special Project examines the myriad forms of self-help currently available to persons in American society. It groups and discusses notable self-help rights, privileges, and remedies under topical classifications that parallel traditional jurisprudential categories. Parts H through VI of the Special Project sketch the legally fashioned contours and explore the legal, social, and political consequences of self-help methods in tort law, criminal law and law enforcement, commercial transactions, landlord-tenant relations,and family law matters. Part VII explores the attorney's role in the development and implementation of curative self-help procedures such as mediation. Special Project concludes by examining the function, mechanisms, and …
Recent Developments: The Uniform Arbitration Act
Recent Developments: The Uniform Arbitration Act
Journal of Dispute Resolution
The Uniform Arbitration Act (UAA), 1 proposed by the National Conference on Uniform State Laws in 1955, has been adopted by slightly more than half the states.' The purpose of this survey is to explain the principles underlying court decisions interpreting the UAA, and provide a framework for analyzing future cases.
The Pitfalls Of International Commercial Arbitration, James M. Rhodes, Lisa Sloan
The Pitfalls Of International Commercial Arbitration, James M. Rhodes, Lisa Sloan
Vanderbilt Journal of Transnational Law
The purpose of this Article is to examine the pitfalls of international arbitration on a broad scale. These pitfalls can be roughly grouped into two categories: (1) those endemic to the process of dispute resolution by a "private extra-judicial tribunal which derives its power from the agreement of the parties,"2 including difficulties unforeseen in the drafting of the agreement that add delay, complications, and expense to the proceedings; and (2) those related to using the rules of a particular institution. Ideally, planning and skillful drafting can eliminate both types of pitfalls and preserve the advantages of arbitration over other available …
The Need To Utilize International Arbitration, Gerald Aksen
The Need To Utilize International Arbitration, Gerald Aksen
Vanderbilt Journal of Transnational Law
I have been asked to discuss how to convince United States businessmen of the need for utilizing international arbitration. Basically, however, there is a realistic need for this well recognized form of alternative dispute settlement. Primarily, international arbitration affords companies the ability to avoid the uncertainties and complexities of foreign litigation. I found it interesting that Professor Vagts used the word "paradox" in referring to the existence of both the lack of effective treaties on the enforcement of foreign judgments and the host of treaties on the enforcement of foreign arbitral awards. Why is it a paradox? International arbitration was …
Cuba's System Of International Commercial Arbitration: A Convergence Of Soviet And Latin American Trends, Enrique Dahl, Alejandro M. Garro
Cuba's System Of International Commercial Arbitration: A Convergence Of Soviet And Latin American Trends, Enrique Dahl, Alejandro M. Garro
University of Miami Inter-American Law Review
No abstract provided.
Introduction, Leonard L. Riskin
Dispute Resolution In Commodities Futures, Dorothy Matthews Freeburg
Dispute Resolution In Commodities Futures, Dorothy Matthews Freeburg
Fordham Urban Law Journal
The commodities futures industry is experiencing rapid growth and a consequential rise in disputes between industry professionals and customers. In response to the growing number of disputes, the industry offers customers several methods for resolution, including the recently added National Futures Association (NFA). The NFA fills a gap in previously available forums, as it offers a much needed uniform and nationwide system of arbitration with jurisdiction over multi-exchange disputes. This Note suggests that requiring the exchanges to refer disputes to NFA and to include NFA as the forum for arbitration in pre-dispute arbitration agreements would greatly enhance the effectiveness of …
Preface By The Dean, Dale A. Whitman
Preface By The Dean, Dale A. Whitman
Journal of Dispute Resolution
No abstract provided.
Rhetoric And Reality In The Dispute Settlement Movement, Frederick E. Snyder
Rhetoric And Reality In The Dispute Settlement Movement, Frederick E. Snyder
Journal of Dispute Resolution
Efforts to demystify and simplify the way disputes are settled in American society seem to have congealed into a nationwide movement within less than a decade: neighborhood justice centers, arbitration, divorce mediation, no-fault auto insurance, do-it-yourself probate, "plain English" land and rental agreements, government ombudsmen, consumer hot lines, community mediation of minor criminal cases. A growth industry, if there ever was one
Arbitral Decisions: A Social Science Analog, John E. Drotning, Bruce Fortado
Arbitral Decisions: A Social Science Analog, John E. Drotning, Bruce Fortado
Journal of Dispute Resolution
This paper develops the idea that arbitral decision making has an analog in social science research.1 It asserts that the hypothesis testing procedure in social sciences is directly analogous to the arbitral process. The research format of an economist, sociologist, or psychologist might be as follows: 1. Generate the null (H.) and alternate (H) hypotheses to be tested. 2. Collect reliable and valid data relative to the hypothesis. 3. Evaluate and analyze this data by subjecting it to statistical tests. 4. Arrive at conclusions by accepting or rejecting the null hypothesis after statistical testing. 5. Explain and discuss findings
Guideposts For An Institutional Framework Of Consensual Dispute Processing, John S. Murray
Guideposts For An Institutional Framework Of Consensual Dispute Processing, John S. Murray
Journal of Dispute Resolution
The purpose of this Article is to outline a set of characteristics which can serve as initial guideposts for the eventual development of a framework for a comprehensive institution to assist disputing parties in more effectively resolving their conflicts. Consensual dispute processing appears to be at the point in its growth where it needs to be liberated from its present "alternatives" status and allowed to mature as a separate, full-fledged institution.
Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith
Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith
Journal of Dispute Resolution
In the early nineteenth century Alexis de Tocqueville predicted that the law would become a secular religion in the United States, and that every important political question would be turned into a matter for law and litigation.' History once again has proven de Tocqueville's remarkable prescience. Over the past two decades, there has been a staggering increase in litigation.2 Americans now are filing more lawsuits than ever before, and are litigating a wide variety of disputes that previously had been resolved through other means.
Judicial Participation In Settlement, James A. Wall, Dale E. Rude, Lawrence F. Schiller
Judicial Participation In Settlement, James A. Wall, Dale E. Rude, Lawrence F. Schiller
Journal of Dispute Resolution
In the following pages, we will briefly delineate the settlement process, enumerate the techniques currently utilized by judges to facilitate settlement, and discuss the perceived ethics of these techniques. Finally, we will consider the circumstances under which judges typically participate in settlement.
Training Lawyers To Be More Effective Dispute Preventers And Dispute Settlers: Advocating For Non-Adversarial Skills, Paul L. Tractenberg
Training Lawyers To Be More Effective Dispute Preventers And Dispute Settlers: Advocating For Non-Adversarial Skills, Paul L. Tractenberg
Journal of Dispute Resolution
After briefly recounting some milestones in the history of legal education, and especially efforts to train lawyers in non-Langdellian techniques, I will explore re-orientation of lawyer training, first globally and then more specifically. Most of the ideas in this article are not new. Many of them date back 50 years and more. Articles by Llewellyn and Frank in the 1920's and 1930's could be reprinted with modest changes and seem totally relevant. 3 This in itself bears serious pondering. We do have the advantage of some relatively recent studies which, in the main, tend to support Llewellyn's and Frank's intuitions. …
Federal Preemption Of Arbitration - Southland Corp. V. Keating, Ronald A. Conway
Federal Preemption Of Arbitration - Southland Corp. V. Keating, Ronald A. Conway
Journal of Dispute Resolution
Arbitration agreements have traditionally been viewed with disfavor.2 Many states have refused to enforce arbitration clauses to the same extent as other agreements, either under the common law or by statute.8 This hostility towards arbitration agreements was the result of an attempt to preserve the courts' jurisdiction. Any agreement which deprived courts of jurisdiction was frowned upon.' The United States Supreme Court recently held that the Federal Arbitration Act5 (FAA) preempts state law and must be applied in state courts. This decision is in accord with a trend throughout the nation to make arbitration agreements specifically enforceable.6 The effect of …
Lawyer's Skills In Negotiations: Justice In Unseen Hands, Jeffrey H. Hartje
Lawyer's Skills In Negotiations: Justice In Unseen Hands, Jeffrey H. Hartje
Journal of Dispute Resolution
The purpose of this article is to identify and explore the processes and dynamics of lawyer negotiation at the skill level. Part I, Operational Skills in Preparation for Negotiation, examines processes and subprocesses of negotiation to develop a background for understanding the potential areas of lawyer skill involved in the operation of negotiation in Section A. Section B explores the preparation skills involved including the analysis and development of a negotiation theory of the case which requires an understanding of the substance of the negotiation, norms, precedent and power combined with fact management and effective characterization of the facts of …
Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins
Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins
Fordham Urban Law Journal
This Article reviews the concept of just cause as a test for termination of employment and its applicability to the nonunion workforce. It addresses the feasibility of applying dispute resolution mechanisms found workable in labor-management relations under union contracts to employment-at-will disputes. It further outlines the standards and criteria utilized in the arbitration process and recognizes some problems of proof, evidence, remedy and procedure that will arise from the application of alternative methods of resolution to nonunion disputes. Finally, this Article identifies a substantial number of issues that need to be resolved if arbitration of just cause for termination of …