Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Pepperdine University (219)
- Penn State Law (43)
- University of Missouri School of Law (24)
- Loyola University Chicago, School of Law (6)
- Maurer School of Law: Indiana University (5)
-
- University of Arkansas at Little Rock William H. Bowen School of Law (4)
- University of Michigan Law School (4)
- Brigham Young University Law School (2)
- Northwestern Pritzker School of Law (2)
- Pace University (2)
- University of Miami Law School (2)
- Washington and Lee University School of Law (2)
- Cleveland State University (1)
- Marquette University Law School (1)
- New York Law School (1)
- Osgoode Hall Law School of York University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Kentucky (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Oklahoma College of Law (1)
- University of Richmond (1)
- University of San Diego (1)
- University of Washington School of Law (1)
- Keyword
-
- Mediation (68)
- Dispute resolution (66)
- Arbitration (53)
- Alternative dispute resolution (35)
- Negotiation (30)
-
- Litigation (22)
- Mediators (15)
- Dispute Resolution (11)
- Lawyers (11)
- Arbitration contracts (10)
- International (10)
- Arbitration agreements (9)
- Commercial arbitration (9)
- International commercial arbitration (9)
- International arbitration (8)
- Conflict management (7)
- Federal Arbitration Act (FAA) (7)
- Labor arbitration (7)
- Arbitration clauses (6)
- California (6)
- Collaborative law (6)
- Federal Arbitration Act (6)
- Judicial review (6)
- Medical malpractice (6)
- Vacatur (6)
- Arbitration & award (5)
- Arbitrators (5)
- Compromise (5)
- Conflict (5)
- Constitutional law (5)
- Publication
-
- Pepperdine Dispute Resolution Law Journal (196)
- Arbitration Law Review (43)
- Journal of Dispute Resolution (24)
- Pepperdine Law Review (21)
- Loyola University Chicago International Law Review (6)
-
- Indiana Law Journal (5)
- University of Arkansas at Little Rock Law Review (4)
- Northwestern Journal of International Law & Business (2)
- Pace Law Review (2)
- The Journal of Business, Entrepreneurship & the Law (2)
- University of Miami Inter-American Law Review (2)
- University of Michigan Journal of Law Reform Caveat (2)
- BYU Law Review (1)
- Brigham Young University Education and Law Journal (1)
- Cleveland State Law Review (1)
- Kentucky Journal of Equine, Agriculture, & Natural Resources Law (1)
- Marquette Law Review (1)
- Michigan Business & Entrepreneurial Law Review (1)
- Michigan Journal of International Law (1)
- NYLS Law Review (1)
- Nevada Law Journal (1)
- Oklahoma Law Review (1)
- Osgoode Hall Law Journal (1)
- Richmond Journal of Global Law & Business (1)
- San Diego Law Review (1)
- Touro Law Review (1)
- Washington International Law Journal (1)
- Washington and Lee Journal of Civil Rights and Social Justice (1)
- Washington and Lee Law Review (1)
Articles 1 - 30 of 326
Full-Text Articles in Law
Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller
Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller
Pepperdine Law Review
No abstract provided.
Contracting Employment Disputes Out Of The Jury System: An Analysis Of The Implementation Of Binding Arbitration In The Non-Union Workplace And Proposals To Reduce The Harsh Effects Of A Non-Appealable Award, Michele M. Buse
Pepperdine Law Review
No abstract provided.
"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright
"Riding With The Cops And Cheering For The Robbers:" Employee Speech, Doctrinal Cubbyholes, And The Duty Of Loyalty, Marvin F. Hill Jr., James A. Wright
Pepperdine Law Review
No abstract provided.
Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration , John P. Cleary
Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration , John P. Cleary
Pepperdine Law Review
No abstract provided.
Preemption: The United States Arbitration Act, The Manifest Disregard Of The Law Test For Vacating An Arbitration Award, And State Courts, Paul Turner
Pepperdine Law Review
No abstract provided.
Compulsory Employment Arbitration And The Eeoc, Richard A. Bales
Compulsory Employment Arbitration And The Eeoc, Richard A. Bales
Pepperdine Law Review
No abstract provided.
Travel Abroad, Sue At Home 2012: Forum Non Conveniens & The Enforcement Of Forum Selection And Mandatory Arbitration Clauses, Thomas A. Dickerson
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.
The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington
The Wizard And Dorothy, Patton And Rommel: Negotiation Parables In Fiction And Fact, H. Lee Hetherington
Pepperdine Law Review
No abstract provided.
The Privatization Of Civil Justice: An Exposition On New York's Prompt Payment Law And Its Imposition Of Mandatory Arbitration, James M. Tsimis
The Privatization Of Civil Justice: An Exposition On New York's Prompt Payment Law And Its Imposition Of Mandatory Arbitration, James M. Tsimis
Touro Law Review
No abstract provided.
Interim Measures , Marianne Roth
Interim Measures , Marianne Roth
Journal of Dispute Resolution
Traditionally, requests for interim relief have been a construct of courts. However, arbitrators are increasingly being asked to make such rulings themselves. Requesting interim relief from an arbitrator, as opposed to the court, is particularly appealing in international arbitration, where parties often engage in arbitration as a way of avoiding local courts and any home court advantage that may be associated with them. Sometimes, though, interim relief may be unavailable from the arbitral tribunal; for example, when coercion is associated with the requested measure. In such situations, the powers to grant interim measures are shared between arbitral tribunals and courts. …
Evaluating Public Access Ombuds Programs: An Analysis Of The Experiences Of Virginia, Iowa And Arizona In Creating And Implementing Ombuds Offices To Handle Disputes Arising Under Open Government Laws , Daxton R. Stewart
Journal of Dispute Resolution
The article begins with a review of literature regarding ombuds, public access laws, and dispute systems design. It follows with case studies of the development of public access ombuds offices in Virginia, Iowa, and Arizona. Finally, this article draws conclusions from those experiences, offering guidance to aid other jurisdictions in designing their own ombuds programs.
State Legislative Update , Lacy Cansler, Daniel Levy, Kelisen Molloy, Henry Tanner
State Legislative Update , Lacy Cansler, Daniel Levy, Kelisen Molloy, Henry Tanner
Journal of Dispute Resolution
While on the surface it seems like any legislation helping Americans keep their homes is a good idea, some critics question the effectiveness of these laws. They cite evidence (to be discussed below) showing foreclosure rates do not improve in states with foreclosure mediation laws. Others argue that while it may only be a short-term fix towards the larger problems that ail our economy, foreclosure mediation has shown to be a positive measure that helps many Americans, especially when the law is properly written. This paper will analyze the recent foreclosure mediation laws, and will explore the effectiveness of this …
From Noise To Music: The Potential Of The Multi-Door Courthouse (Casas De Justicia) Model To Advance Systemic Inclusion And Participation As A Foundation For Sustainable Rule Of Law In Latin America , Mariana Hernandez-Crespo
From Noise To Music: The Potential Of The Multi-Door Courthouse (Casas De Justicia) Model To Advance Systemic Inclusion And Participation As A Foundation For Sustainable Rule Of Law In Latin America , Mariana Hernandez-Crespo
Journal of Dispute Resolution
International bodies have attempted to provide a more sustainable response to instability through legal reform with an emphasis on rule of law, access to justice, and the use of alternative or appropriate dispute resolution. Yet, in Latin America of yesterday and today, there is a marked gap between law on the books and law in action, due in part to lack of citizen engagement.
Bit Unfair: An Illustration Of The Backlash Against International Arbitration In Latin America, A, David Ma
Bit Unfair: An Illustration Of The Backlash Against International Arbitration In Latin America, A, David Ma
Journal of Dispute Resolution
With the survival of BITs at fulcrum, the Second Circuit recently decided a highly publicized and notorious case applying international arbitration in Chevron Corp. v. Republic of Ecuador. This comment will discuss Chevron and its effects within the wider corpus of BIT international arbitration to provide an illustration of the current debate and status of the BIT framework. The purported benefits BITs provide to signatory countries exist theoretically, and to test these theoretical underpinnings, this comment will discuss Chevron for the purpose of providing real context to a predominately academic debate. Chevron shall demonstrate that theoretical effects and practical effects …
Property Insurance Appraisal: Is Determining Causation Essential To Evaluating The Amount Of Loss , Ashley Smith
Property Insurance Appraisal: Is Determining Causation Essential To Evaluating The Amount Of Loss , Ashley Smith
Journal of Dispute Resolution
While the appraisal procedure is commonly used in property insurance claims, the scope of an appraisal is contested. Courts are divided on whether to allow the determination of causation within an appraisal process. Whether or not to allow the determination of causation in appraisal and the reasoning behind each position can be influential for the majority of state and federal courts who have yet to confront this issue. Outlined below is an overview of the appraisal process within the property insurance context, a distinction of causation from coverage, and courts’ reasoning for allowing or forbidding the determination of causation in …
Supreme Court Issues Notice To Courts: Bifurcated Proceedings Still Required, Valerie Dixon
Supreme Court Issues Notice To Courts: Bifurcated Proceedings Still Required, Valerie Dixon
Journal of Dispute Resolution
The United States Supreme Court has made its preference for arbitration widely known through continued declarations of its policy to that effect. In KPMG v. Cocchi, the Supreme Court reaffirmed that preference once again. In that case, however, the Court also found a need to issue a reminder to lower courts that its decision in Dean Witter v. Byrd was still the law of the land. One of the most interesting questions arising from this clear reminder to adhere to precedent is why the Supreme Court felt the need to articulate it at all.
If It Only Had A Heart: Supreme Court Eschews Compassion For Cash-Strapped Consumers In Upholding The Validity Of Arbitration Clauses In Credit Repair Contracts, Collin Koenig
Journal of Dispute Resolution
in CompuCredit Corp. v. Greenwood, the Supreme Court was faced with the issue of whether consumers' claims under the CROA can be resolved through contractually required arbitration, or whether the language of the statute requires resolution between credit repair organizations and consumers may include enforceable arbitration agreements. This note criticizes the Supreme Court's reasoning, partly inspired by Justice Ginsburg's dissent. In enforcing arbitrability of CROA disputes, the Court has acted contrary to Congress' purposes of the Act: to ensure that consumers are making an "informed decision" when dealing with CROs and to protect consumers from deceptive credit repair services. In …
Faa Versus The Magnuson - Moss Warranty Act: Which Warrants Precedence, The, Tyler Beckerle
Faa Versus The Magnuson - Moss Warranty Act: Which Warrants Precedence, The, Tyler Beckerle
Journal of Dispute Resolution
These questions have proven to be a formidable foe for the judiciary. Moreover, courts and commentators have been divided as to what answer will produce the best policy. In 2002, the discussion seemed to be headed toward conclusion after the Fifth and Eleventh Circuits found that the FAA should trump the MMWA in the event of statutory conflict. However, with the Ninth Circuit’s decision in Kolev v. Euromotors West/The Auto Gallery, this polarizing issue has once again become a focus in American jurisprudence. While the Ninth Circuit has recently withdrawn Kolev sua sponte, it is doubtful that the Ninth Circuit …
A Defense Of Dissents In Investment Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra
A Defense Of Dissents In Investment Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra
University of Miami Inter-American Law Review
No abstract provided.
The Applicability Of Arbitration In The Americas: An Avant-Garde Approach To The Panama Convention, Elizabeth A. Briggs
The Applicability Of Arbitration In The Americas: An Avant-Garde Approach To The Panama Convention, Elizabeth A. Briggs
University of Miami Inter-American Law Review
No abstract provided.
Introduction, Thomas Carbonneau
Concepcion And Preemption Under The Federal Arbitration Act, Ian D. Mitchell, Richard A. Bales
Concepcion And Preemption Under The Federal Arbitration Act, Ian D. Mitchell, Richard A. Bales
Arbitration Law Review
The Supreme Court held in AT&T Mobility v. Concepcion that a California law declaring class arbitration waivers unconscionable was preempted because it stood as an "obstacle to the accomplishment and execution of the full purposes and objectives" of the Federal Arbitration Act. The Court's Concepcion decision was necessarily based on implied preemption, because the FAA contains no express preemption clause and because there was no textual conflict between the FAA and the California law. Concepcion
At&T Mobility V. Concepcion And The Antidiscrimination Theory Of Faa Preemption, Hiro N. Aragaki
At&T; Mobility V. Concepcion And The Antidiscrimination Theory Of Faa Preemption, Hiro N. Aragaki
Arbitration Law Review
No abstract provided.
Arbitration Innumeracy, Christopher R. Drahozal
Arbitration Innumeracy, Christopher R. Drahozal
Arbitration Law Review
No abstract provided.
The Fallout From At&T Mobility V. Concepcion: Parameters Established By The Interpretation Of Lower Courts, Terry F. Moritz
The Fallout From At&T; Mobility V. Concepcion: Parameters Established By The Interpretation Of Lower Courts, Terry F. Moritz
Arbitration Law Review
No abstract provided.
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand
Arbitration Law Review
No abstract provided.