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Articles 1 - 30 of 34
Full-Text Articles in Law
Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges
Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges
BYU Law Review
No abstract provided.
Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela A. Kentra
BYU Law Review
No abstract provided.
A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole
A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole
BYU Law Review
No abstract provided.
Adr In Youth And Intercollegiate Athletics, Gil Fried
Adr In Youth And Intercollegiate Athletics, Gil Fried
BYU Law Review
No abstract provided.
Thinking Of Mediation As A Complex Adaptive System, J. B. Ruhl
Thinking Of Mediation As A Complex Adaptive System, J. B. Ruhl
BYU Law Review
No abstract provided.
Wait A Minute. This Is Where I Came In. A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg
Wait A Minute. This Is Where I Came In. A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg
BYU Law Review
No abstract provided.
Recent Developments: The Uniform Arbitration Act, Patrick Fanning, Diana; Farr, Matthew S. Mcbride, Jared Wayne
Recent Developments: The Uniform Arbitration Act, Patrick Fanning, Diana; Farr, Matthew S. Mcbride, Jared Wayne
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A."). Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia. The goal of this project is to promote uniformity in the interpretation of the U.A.A. by analyzing the various underlying policies and rationales of recent court decisions interpreting the U.A.A.
G.L. V. Stangler: A Case Study In Court-Ordered Child Welfare Reform, Ellen Borgersen, Stephen Shapiro
G.L. V. Stangler: A Case Study In Court-Ordered Child Welfare Reform, Ellen Borgersen, Stephen Shapiro
Journal of Dispute Resolution
This paper is the product of an unusual collaboration, in terms of both people and process. Data for this study was gathered through interviews conducted during the Fall of 1994 and Spring of 1995.' It was conceived by the Center for the Study of Social Policy ("CSSP"), whose expertise in human services management and financing has often been called upon in class action lawsuits against child welfare agencies across the country. CSSP has served as a plaintiffs expert, court-appointed neutral expert, court-appointed monitor, and neutral settlement facilitator in seven cases, and its experiences differed considerably in each case and role. …
Continuing The Downward Spiral For Unions - Carpenters V. Zcon Builders, Jeffery W. Fields
Continuing The Downward Spiral For Unions - Carpenters V. Zcon Builders, Jeffery W. Fields
Journal of Dispute Resolution
Since their inception during the post-war years, collective bargaining agreements have been the primary method used by unions to get employers to deal with issues of importance to their labor force. However, the past few decades have seen a rapid decline in union membership as well as union effectiveness. 3 This casenote will look at whether or not the instant decision, Zcon, will be a contributing factor in the continuing downward spiral for unions.
Alternative Dispute Resolution In The Federal Tax Arena: The Internal Revenue Service Opens Its Doors To Mediation, Tonya M. Scherer
Alternative Dispute Resolution In The Federal Tax Arena: The Internal Revenue Service Opens Its Doors To Mediation, Tonya M. Scherer
Journal of Dispute Resolution
This Comment examines the development of the new tax mediation program, its procedures and application, and its current status. Part II reviews the Appeals process leading up to and including the choice of an avenue to resolution of taxpayer disputes other than litigation. Part III explores the new mediation program including the scope of the cases allowed, the requirements for initiating the process and the procedures for implementing the program. Part IV discusses the policy reasons behind the IRS' implementation of the specific procedures and criteria into the new tax mediation program. Finally, Part V is an update of the …
Rethinking Appeal Of Arbitrability Decisions: When To Review That Which Long Process Could Not Arbitrate - F.C. Schaffer & (And) Associates, Inc. V. Demech Contractors, Ltd., Brian T. Mccartney
Rethinking Appeal Of Arbitrability Decisions: When To Review That Which Long Process Could Not Arbitrate - F.C. Schaffer & (And) Associates, Inc. V. Demech Contractors, Ltd., Brian T. Mccartney
Journal of Dispute Resolution
This Note will proceed in five sections. Section II will set forth the factual framework of the Schaffer case and the holding of the Fifth Circuit Section III will briefly examine the legal background behind the appeal of arbitrability rulings.9 Section IV will explore the analysis and decision of the Fifth Circuit in Schaffer.0 Finally, Section V will comment on the Schaffer court's holding and discuss its policy implications. This Note will conclude that 9 U.S.C. section 16 must be carefully examined and refined in order to meet the policy goals of arbitration.
Modifying The Standard Of Judicial Review Of Labor Arbitration Awards: A Comparison To Administrative Review Hearings - Osram Sylvania, Inc. V. Teamsters Local Union No. 528, Elizabeth Tenorio
Journal of Dispute Resolution
Since their inception during the post-war years, collective bargaining agreements have been the primary method used by unions to get employers to deal with issues of importance to their labor force. However, the past few decades have seen a rapid decline in union membership as well as union effectiveness. 3 This casenote will look at whether or not the instant decision, Zcon, will be a contributing factor in the continuing downward spiral for unions.
Arbitration Agreements: Standard Of Review, Interpretation And Who Is Bound - Kenamerican Resources, Inc. V. International Union, United Mine Workers Of America, Shea Welch
Journal of Dispute Resolution
In KenAmerican Resources, Inc. v. International Union, United Mine Workers of America, the United States Court of Appeals for the District of Columbia Circuit found that a corporation which did not sign an arbitration agreement entered into by an individual who owned both that company, KenAmerican Resources, Inc., and the company that was clearly bound to the arbitration agreement, Ohio Valley Resources, Inc., was not bound by the arbitration agreement. 2 This was because the agent who signed the agreement, Robert Murray, was not acting on KenAmerican's behalf.3
Of Substantial Interest: Third Parties Under Gatt, Chi Carmody
Of Substantial Interest: Third Parties Under Gatt, Chi Carmody
Michigan Journal of International Law
This article's examination of the status of third parties under GATT is important for several reasons, one of which is the proliferation of third party participation as demonstrated by Bananas III. A second reason for its importance is that there has been little written about third parties under GATT. This neglect stands in sharp contrast to ample literature on the related subject of greater public participation in the WTO. The oversight could be a function of GATT dispute resolution, which did not always enjoy the level of public attention it garners today. Until recently the GATT system handled no …
Faa And Arbitration Clauses - How Far Can It Reach? The Effect Of Allied-Bruce Terminix, Inc. V. Dobson, Edmond Seferi
Faa And Arbitration Clauses - How Far Can It Reach? The Effect Of Allied-Bruce Terminix, Inc. V. Dobson, Edmond Seferi
Campbell Law Review
This note discusses Allied-Bruce Terminix, Inc. v. Dobson, which solidified the Supreme Court's rationale in favor of arbitration. The Court specifically held that the FAA governs all arbitration provisions in contracts "affecting commerce and that the phrase "affecting commerce signals a Congressional intent to exercise its Commerce Clause powers in full. This note will first provide a short background of the interpretation of the FAA in connection with the enforceability of the arbitration clauses, and then discuss Allied-Bruce and its potential effect on the future of arbitration clauses.
Arbitration: Kentucky Courts Should Not Liberally Vacate Awards--Carrs Fork V. Kodak Mining, William G. Fowler Ii
Arbitration: Kentucky Courts Should Not Liberally Vacate Awards--Carrs Fork V. Kodak Mining, William G. Fowler Ii
Kentucky Law Journal
No abstract provided.
An Island In The Net: Domain Naming And English Administrative Law, 15 J. Marshall J. Computer & Info. L. 493 (1997), Mark Gould
UIC John Marshall Journal of Information Technology & Privacy Law
The United Kingdom's system for assigning domain names is privately run and follows some Internet standard for assignments and revocations. However, there are some internal restrictions that reflect the policy of accommodating existing domains and avoiding DNS lock up, which might occur with badly configured domain name servers. Nominet does not easily fit into definitions of a private function since it does have some public characteristics. In addition, no British counterpart to the Internet Service OC exists. The policies followed by Nominet in allocating domain names reflects conventions established prior to its existence. These policies do not appear to take …
The Limits Of Economic Power: Section 301 And The World Trade Organization Dispute Settlement System, C. O'Neal Taylor
The Limits Of Economic Power: Section 301 And The World Trade Organization Dispute Settlement System, C. O'Neal Taylor
Vanderbilt Journal of Transnational Law
Since World War 1I, the United States has sought trade liberalization through the use of multilateral and unilateral actions under the General Agreement on Tariffs and Trade (GATT) and Section 301 of the Trade Act of 1974, respectively. Unilateralism by the United States has involved the forceful opening of foreign markets by the threat of sanctions, such as blocking access to the U.S. market. Such unilateral actions led the world trading system into the most recent multilateral negotiations, the Uruguay Round. As a result, the United States conceded to an effort to achieve trade liberalization through the expansion of GATT …
Expanding Judicial Review To Encourage Employers And Employees To Enter The Arbitration Arena, 30 J. Marshall L. Rev. 1099 (1997), Anthony J. Jacob
Expanding Judicial Review To Encourage Employers And Employees To Enter The Arbitration Arena, 30 J. Marshall L. Rev. 1099 (1997), Anthony J. Jacob
UIC Law Review
No abstract provided.
When Ignorance Of The Law Is No Excuse: Judicial Review Of Arbitration Awards, Kenneth R. Davis
When Ignorance Of The Law Is No Excuse: Judicial Review Of Arbitration Awards, Kenneth R. Davis
Buffalo Law Review
No abstract provided.
Peace And The Press: Media Rules During U.N. Peacekeeping Operations, Jennifer Lee
Peace And The Press: Media Rules During U.N. Peacekeeping Operations, Jennifer Lee
Vanderbilt Journal of Transnational Law
In recent years, U.N. peacekeeping operations have become an increasing focus of international military action and media coverage. While the military and the media have maintained a precarious balance in the United States between the military's objective of operational success and the media's call for uncensored reporting, the evolution and growing importance of U.N. peacekeeping offers new considerations to this balance. This Note examines the ability of the United Nations to affect the balance between the military and the media through the implementation of U.N. media rules during peacekeeping operations. This Note begins by reviewing the history of media coverage …
Decisionmaking And Dispute Resolution In The Free Trade Area Of The Americas: An Essay In Trade Governance, Frank J. Garcia
Decisionmaking And Dispute Resolution In The Free Trade Area Of The Americas: An Essay In Trade Governance, Frank J. Garcia
Michigan Journal of International Law
This Article examines certain theoretical and structural issues to be resolved in creation of the FTAA's governing institutions, and proposes an outline for these institutions, drawing upon regime theory's analysis of international organizations, the range of existing trade institutions found among the hemisphere's RTAs, and indications of the Summit countries' present goals and interests. The Article begins by summarizing Kenneth Abbott and Duncan Snidal's concept of "mesoinstitutions," a new regime theory tool for identifying the roles played and benefits conferred by 1Os in international relations. Parts I.B and I.C then apply mesoinstitutions theory to the primary governance mechanisms of the …
Arbitration: Shaffer V. Jeffery: The Oklahoma Supreme Court Rejects The Separability Doctrine And Takes A Step Back In The Enforcement Of Arbitration Clauses Under Oklahoma Law, John Douglas Stiner
Arbitration: Shaffer V. Jeffery: The Oklahoma Supreme Court Rejects The Separability Doctrine And Takes A Step Back In The Enforcement Of Arbitration Clauses Under Oklahoma Law, John Douglas Stiner
Oklahoma Law Review
No abstract provided.
Arbitrator Or Private Investigator: Should The Arbitrator's Duty To Disclose Include A Duty To Investigate - Abudullah E. Al-Harbi V. Citibank, N.A. And Citibank, A.S., R. Travis Jacobs
Journal of Dispute Resolution
Arbitration and other forms of dispute resolution are replacing courtroom litigation as a means of resolving problems because they are less time consuming, less expensive and promote a friendlier atmosphere. In the case of arbitration, if people are to continue to use arbitration and give arbitrator's decisions credibility, there must be faith that the arbitrator is fair. There must also be a channel to challenge the arbitrator's decision if it was not reached in a fair manner.' This channel is provided statutorily by the Federal Arbitration Act (FAA) which allows a decision to be reversed if the arbitrator displayed partiality …
Messenger As The Medium Of Communication: The Use Of Interpreters In Mediation, The, Ileana Dominguez-Urban
Messenger As The Medium Of Communication: The Use Of Interpreters In Mediation, The, Ileana Dominguez-Urban
Journal of Dispute Resolution
Merely adding one more person to the mediation process adds greater complexity to the dynamics of the mediation than most lawyers and mediators would anticipate. As Part I of this article indicates, mediators must understand the complexities of interpreted mediation because the need for interpreted mediation is increasing due to national demographics, legal requirements, and international market forces. Part II examines the skills needed for interpretation and the probable structure of an interpreted mediation. Part III considers who might possess those interpretation skills as well as the additional skills required of one who will serve as an auxiliary to the …
Freeing The Parties From The Law: Designing An Interest And Rights Focused Model Of Landlord/Tenant Mediation, Joel Kurtzberg, Jamie Henikoff
Freeing The Parties From The Law: Designing An Interest And Rights Focused Model Of Landlord/Tenant Mediation, Joel Kurtzberg, Jamie Henikoff
Journal of Dispute Resolution
In this article, we point out two fundamental flaws of the critique. First, the critique compares mediation to an idealized view of adjudication instead of comparing mediation to its real-life alternatives. Second, it takes a narrow view of the role of law in mediation, erroneously assuming that mediators must either ignore the law or impose it on the parties. Part I of this article spells out the critics' claim that mediation generally harms the poor and disempowered by failing to adequately incorporate formal legal protections into the process. Part II examines the critique as it is applied to the landlord-tenant …
Inferred Explicit Standard - Waiver Of Sovereign Immunity Via An Arbitration Clause - Sokaogon Gaming Enter. Corp. Et Al V. Tushie-Montgomery Assoc., Inc., The, Michael Stoffregen
Inferred Explicit Standard - Waiver Of Sovereign Immunity Via An Arbitration Clause - Sokaogon Gaming Enter. Corp. Et Al V. Tushie-Montgomery Assoc., Inc., The, Michael Stoffregen
Journal of Dispute Resolution
The judicially created doctrine of tribal sovereign immunity was recognized as part of the unique relationship between the United States and these domestic dependent sovereigns. 2 As tribes and tribal organizations enter into more commercial transactions in an effort to promote their self-determination and economic development, they have used sovereign immunity as a "trap for the unsuspecting", leaving the business they enter into an agreement with, without a judicially enforceable remedy for breach of contract.' To remedy this inequity, courts have chipped away at the doctrine of tribal sovereign immunity, finding waivers in commercial contexts where none existed before. In …