Law Commons^™

Wrongful Discharge: Litigation Or Arbitration, Terry A. Bethel

Journal of Dispute Resolution

Throughout the country, courts are scrambling to fill the void left by the rapid disappearance of the employment-at-will doctrine. As recently as twenty years ago, most courts accepted without question the adage that employers were free to terminate employees for a good reason, a bad reason, or no reason at alL1 If motivated to explain this rule, the most frequent defense was that employees enjoyed comparable freedom. They, too, could abandon the relationship for whatever reason they desired.

Peer Mediation Programs: Teaching Students Alternatives To Violence, Brian Koy Harper

Journal of Dispute Resolution

With the ever-rising occurrence of violence' within schools2 and the high level of both student apathy and dropout rates, many people are wondering what, if anything, can be done to stem the tidal wave that seems about to crash our nation's schools upon the rocks of failure. Increasing security measures in schools, such as metal detectors,3 armed police guards, and locker searches, may prevent the violence,4 but will probably not alleviate the underlying causes.5

Connecticut's Trail By Lawyer: Contract Disputes And The Attorney Fact-Finder - Beizer V. Goepfert, Craig R. Heidemann

Journal of Dispute Resolution

The rules of professional conduct in most states require attorneys to enter into written agreements with their clients when contracting on a contingent fee basis.2 In so doing, the parties define the existence and limits of their attorney-client relationship. In the present case, an attorney and his client agreed to a ten percent contingent fee; however, the lawyer transferred to a new firm prior to the conclusion of the case.4 Subsequently, the client signed a new, identical agreement provided by the attorney's new firm.5 In the contract, the attorney used the previously agreed-upon fee percentage instead of the standard office …

Labor Artibitration In Public Agencies: An Unconstitutional Delegation Of Power Or The Waking Of A Sleeping Giant - United Transportation Union V. Southern California Rapid Transit, Karen M. Speiser

Journal of Dispute Resolution

The use of arbitration to resolve labor disputes has become an irreplaceable method of dispute resolution in private enterprises and corporations all over the United States. Arbitration's popularity has come about partially from a realization of the utility of arbitration and partially from government pressure through the enactment of federal statutes. However, the government itself has resisted the imposition of arbitration to resolve disputes between its agencies and their employees. This Note will address some of the issues involved in private arbitration of public agency labor disputes.

Juvenile Diversion: An Alternative To Juvenile Court, S'Lee Arthur Hinshaw Ii

Journal of Dispute Resolution

The first juvenile courts in this country were created to keep children from being tried and sentenced as adults in adult criminal courts and from being subjected to the rigors of formal, public adversarial proceedings.' The reformers who created juvenile courts hoped to handle all delinquents within the community itself on an informal basis and without the trappings of due process.2 Using the concept of parens patriae3 and developing it into the idea that the state had the power to act in place of parents of deviant or dependent children,4 the juvenile courts used informal, discretionary procedures to diagnose the …

Contractual Agreements To Aribtrate Disputes: Whose Intent Controls - Skewes V. Shearson Lehman Bros., Eric M. Landoll

Journal of Dispute Resolution

With the enactment of the Federal Arbitration Act [hereinafter F.A.A.]2 in 1925, Congress attempted to place arbitration agreements "upon the same footing as other contracts."3 This Act, later described as a "liberal federal policy favoring arbitration, "' creates a presumption in favor of arbitration where ambiguities arise as to the scope of an agreement.5 Under this interpretation, it appears that the intent of the parties can be overlooked in favor of the federal policy favoring arbitration. This is contrary to general principles of contract interpretation and would appear to be a trap for those unfamiliar with this area of the …

Labor Contract And External Law: Revisiting The Arbitrator's Scope Of Authority, The, Stephen L. Hayford, Anthony V. Sinicropi

Journal of Dispute Resolution

This article examines the impact of Misco and the attendant body of case law emerging from the U.S. circuit courts of appeals on the labor arbitration process. The ultimate goal of this study is to ascertain whether the public policy exception warrants a rethinking of traditional views of the relationship between collective bargaining agreements and external law, and the manner in which labor arbitrators should juxtapose the two in resolving contractual disputes. The Authors assert that it does.

Summary Jury Trial: A Summary Of Issues In Dispute Resolution - Day V. Nlo, Inc., The, T. Robert Cook

Journal of Dispute Resolution

The summary jury trial has proven to be an effective tool in the fight against the explosion of litigation in federal courts.2 In the thirteen years since its inception,3 many issues involving the summary jury trial have been disputed. Day v. NLO, Inc.4 provides an excellent example of this area of law as it raises three such issues in dispute. The case law is divided over: 1) whether the federal courts have power to compel parties to participate in summary jury trial proceedings; 2) whether the courts have the power to compel certain representatives to attend such proceedings; and 3) …

Monetary Damages Against States - Arbitrators Have Power To Award, But Federal Courts Cannot Enforce - Tennessee Department Of Human Services V. United States Department Of Education, R. Scott Reid

Journal of Dispute Resolution

Legislation is usually interpreted by examining statutory language and legislative history.2 However, the United States Supreme Court has considered strict guidelines for interpreting statutes that potentially interfere with Eleventh Amendment immunity rights.3 Application of these guidelines can lead to peculiar court decisions, an example of which is provided in Tennessee Department of Human Services v. United States Department of Education.4

Recent Developments: The Uniform Arbitration Act, Dan Coughlin, Laura Kintz, John Moore, Melissa Morrow

Journal of Dispute Resolution

This annual Article2 has been prepared since 1983 as a survey of recent developments in the case law interpreting and analyzing various versions of the Uniform Arbitration Act (U.A.A.). 3 Currently, thirty-four states and the District of Columbia have adopted arbitration statutes patterned after the U.A.N 4 The purpose of this analysis is to promote uniformity in interpreting the U.A.A. by explaining the underlying policies and rationales that have developed from recent court decisions.

Lawyer's Agenda For Understanding Alternative Dispute Resolution, Edwin H. Greenebaum

Indiana Law Journal

No abstract provided.

Risky Business: Courts, Culture, And The Marketplace, Tahirih V. Lee

University of Miami Law Review

No abstract provided.

Statistical Adjudication: Rights, Justice, And Utility In A World Of Process Scarcity, Robert G. Bone

Vanderbilt Law Review

The institution of adjudication is in a state of great upheaval to- day. Mounting case backlogs and the litigation challenge posed by mass torts are pressuring Congress and courts to experiment with novel adjudication techniques. Some of the results are well-known-case tracking, alternative dispute resolution, greater reliance on settlement, and tighter pretrial screening of cases. Taken together, these changes fore- shadow a major transformation in the practice and theory of adjudication.

This Article focuses on one particularly remarkable proposal for handling large-scale litigation: adjudication by sampling. This approach uses statistical methods to adjudicate a large population of similarly situated cases. …

Recent Mexican Arbitration Reform: The Continued Influence Of The "Publicistas", Jeffrey J. Mayer

University of Miami Law Review

No abstract provided.

On The Growth And Development Of Dispute Resolution, Patrick Fn'piere, Linda Work

Kentucky Law Journal

No abstract provided.

Training Interveners For Adr Processes, Joseph B. Stulberg

Kentucky Law Journal

No abstract provided.

State Offices Of Mediation: Thoughts On The Evolution Of A National Network, Peter S. Adler

Kentucky Law Journal

No abstract provided.

The Quiet Revolution Comes To Kentucky: A Case Study In Community Mediation, Thomas J. Stipanowich

Kentucky Law Journal

No abstract provided.

Establishing A Joint State Bar Association And Supreme Court Commission On Alternative Dispute Resolution, Jack P. Etheridge

Kentucky Law Journal

No abstract provided.

Building And Maintaining A Statewide Mediation Program: A View From The Field, Sharon Press

Kentucky Law Journal

No abstract provided.

The Neighborhood Justice Center Movement, Edith B. Primm

Kentucky Law Journal

No abstract provided.

Running Statewide Dispute Resolution Programs--The New York Experience, Thomas F. Christian

Kentucky Law Journal

No abstract provided.

Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

The Development And Organization Of Domestic Relations Mediation In A Multi-Function Mediation Center In Kentucky, Gary W. Paquin

Kentucky Law Journal

No abstract provided.

Reflections On The Role Of The Neutral Lawyer: The Lawyer As Mediator, Karen A. Zerhusen

Kentucky Law Journal

No abstract provided.

Court-Annexed Arbitration--The Northern Kentucky Experience, Christopher J. Mehling, Donald Stepner

Kentucky Law Journal

No abstract provided.

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

Title Page

Journal of Dispute Resolution

No abstract provided.

Arbitration - Sure, But Only On Our Terms: Escape Clauses In Uninsured Motorist Policies - Schaefer V. Allstate Ins. Co., Steven R. Leppard

Journal of Dispute Resolution

Historically, the insurance industry has widely used arbitration to resolve disputes.2 Insurance companies have increasingly included "escape clauses" in their policies.' These clauses allow an insurance company to ignore an arbitrator's award and have a claim directly heard in a trial court if the award exceeds a pre-determined amount.' The Ohio Supreme Court in Schaefer v. Allstate Insurance Co. addressed this issue and decided that the escape clause was unenforceable due to public policy.'

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.