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Full-Text Articles in Law
The Testamentary Foundations Of Commercial Arbitration, Peter B. Rutledge
The Testamentary Foundations Of Commercial Arbitration, Peter B. Rutledge
Scholarly Works
This Article offers the first systematic treatment of the relationship between commercial arbitration and testamentary arbitration. (By testamentary arbitration, I mean an arbitration clause contained in a will requiring beneficiaries to resolve differences over the estate by means of an enforceable decision by a private party rather than judicial resolution in a probate court.) Recent scholarship and jurisprudence have questioned the enforceability of these arrangements as incompatible with the requirement of a written "agreement" between parties to the arbitration. Contrary to these views, close examination of the historical record of testamentary arbitration leading to the Federal Arbitration Act's enactment reveals …
All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez
All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez
Georgia Journal of International & Comparative Law
No abstract provided.
The Limits Of Procedural Private Ordering, Jaime L. Dodge
The Limits Of Procedural Private Ordering, Jaime L. Dodge
Scholarly Works
Civil procedure is traditionally conceived of as a body of publicly-set rules, with limited carve-outs – most commonly, forum selection and choice of law provisions. I argue that these terms are mere instantiations of a broader, unified phenomenon of procedural private ordering, in which civil procedure is no longer irrevocably defined by law, but instead is a mere default that can be waived or modified by contract. Parties are no longer merely selecting between publicly-created procedural regimes but customizing the rules of procedure to be applied by the court – from statutes of limitations, discovery obligations and the admissibility of …
The Ongoing Role Of Alternative Dispute Resolution In Federal Government Litigation, Peter R. Steenland, Jr., Peter A. Appel
The Ongoing Role Of Alternative Dispute Resolution In Federal Government Litigation, Peter R. Steenland, Jr., Peter A. Appel
Scholarly Works
This essay demonstrates that within appropriate guidelines, ADR has an important and growing role in the conduct of government litigation. To the extent that ADR can help the government save resources, this alone is of considerable public interest. More importantly ADR can help the government settle entire disputes rather than those pieces of disputes that become litigation events. ADR also involves the parties more directly in shaping the resolution of a dispute, and can often provide a result that is beyond the capacity of a court to provide. Because of the direct participation by the parties in mediation processes, ADR …