Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 9 of 9
Full-Text Articles in Law
International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales
International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales
Touro Law Review
Standard-essential patent royalty disputes have typically been litigated in U.S. federal district courts, but patent owners have recently started to file suit in courts across the globe, leading to issues of comity, anti-suit injunctions, and increased litigation costs. International arbitration provides a unique forum for parties to litigate these royalty disputes and avoid, or at least lessen the burden, of these issues. This Article explores the advantages and disadvantages of using international arbitration to resolve standard-essential patent royalty disputes.
The Litigation Landscape Of Fraternity And Sorority Hazing: Defenses, Evidence, And Damages, Gregory S. Parks, Elizabeth Grindell
The Litigation Landscape Of Fraternity And Sorority Hazing: Defenses, Evidence, And Damages, Gregory S. Parks, Elizabeth Grindell
Washington and Lee Law Review
In recent years, increasing public and media attention has focused on hazing, especially in collegiate fraternities and sororities. Whether it is because of the deaths, major injuries, or litigation, both criminal and civil, collegiate fraternities and sororities have received increased scrutiny. In this Article, we explore a range of tactical considerations that lawyers must consider—from defenses to evidentiary concerns. We also explore how damages are contemplated in the context of hazing litigation.
A Constitutional Right To Discovery? Creating And Reinforcing Due Process Norms Through The Procedural Laboratory Of Arbitration, Imre Stephen Szalai
A Constitutional Right To Discovery? Creating And Reinforcing Due Process Norms Through The Procedural Laboratory Of Arbitration, Imre Stephen Szalai
Pepperdine Dispute Resolution Law Journal
This article explores an overlooked dynamic between arbitration and the more formal court system. As developed in more detail below, this article's thesis is that arbitration can help define and reinforce due process norms applicable in court, and a due process-like norm regarding discovery is beginning to develop. Courts often review arbitration agreements for fairness, and through this judicial review, courts have developed a body of law discussing and defining whether certain procedures (or the lack thereof) violate fairness norms in connection with the resolution of a particular dispute. Through this body of law exploring procedural fairness, one can identify …
Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley
Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley
Georgia Journal of International & Comparative Law
No abstract provided.
How To Avoid The Death Of Your Case By Two Billion Paper Cuts: Encouraging Arbitration As An Alternative Way To Resolve Costly Discovery Disputes, Tzipora Goodfriend-Gelernter
How To Avoid The Death Of Your Case By Two Billion Paper Cuts: Encouraging Arbitration As An Alternative Way To Resolve Costly Discovery Disputes, Tzipora Goodfriend-Gelernter
Pepperdine Dispute Resolution Law Journal
This article analyzes the costly effect of electronic information on discovery practice and advocates for the arbitration of discovery disputes. Part II discusses the background of electronic discovery, the evolution of our reliance on ESI (electronically stored information) as part of our modern day discovery practice, and the benefits and detriments of electronic discovery. Part III discusses the effects of our reliance on electronic discovery and the implications of those effects on litigating parties. It examines how the increasingly computer-based world of discovery has increased the cost of litigation disputes significantly and proposes using the patent arbitration model as a …
Mediation Confidentiality: For California Litigants, Why Should Mediation Confidentiality Be A Function Of The Court In Which The Litigation Is Pending?, Rebecca Callahan
Mediation Confidentiality: For California Litigants, Why Should Mediation Confidentiality Be A Function Of The Court In Which The Litigation Is Pending?, Rebecca Callahan
Pepperdine Dispute Resolution Law Journal
The article presents information on mediation confidentiality. Confidentiality protections are available to California litigants depending on whether the litigants are in state or federal court. It depicts that California courts provide protection only when disputants utilize mediation for resolving their differences and also focuses on the evidence exclusion provision in which the privilege held by participant acts as bar to compel discovery without everyone's consent.
Arbitral Discovery Of Non-Parties, Jason F. Darnall, Richard Bales
Arbitral Discovery Of Non-Parties, Jason F. Darnall, Richard Bales
Journal of Dispute Resolution
This article argues that the broad power approach is the better reasoned of the two. Timely discovery of important information is vital in any dispute. Further, fair results should be the goal of any dispute resolution process. The possessor of the pertinent information, i.e., whether it is held by parties or non-parties, should be irrelevant. Part II of this article describes the differences between discovery in litigation and discovery in arbitration. Part III examines the limited power approach to prehearing discovery, which restricts the power of an arbitrator to compel non-party participation in discovery to the actual hearing. Part IV …
Trial By Ambush Or Avalanche - The Discovery Debacle, Walter E. Oberer
Trial By Ambush Or Avalanche - The Discovery Debacle, Walter E. Oberer
Journal of Dispute Resolution
I fell in love with the law in 1946, during my first week in law school. It has been a torrid affair ever since. "Ever since" has entailed seven years of law practice followed by thirty-two years of law professing, eight of these as a dean. Against this backdrop of fealty, I had occasion recently to encounter the legal process as it presently, honest-to-God, exists. This encounter was not as a lawyer, not as a law professor, not as a consultant, not, that is, as a professional impersonally involved, but as the father of the mother in a child-custody case. …
The Two-Way Mirror: International Arbitration As Comparative Procedure, Andreas F. Lowenfeld
The Two-Way Mirror: International Arbitration As Comparative Procedure, Andreas F. Lowenfeld
Michigan Journal of International Law
In particular, by focusing on selected aspects of the international procedure of international arbitration, as well as on different approaches to the problem of choosing the source of the law to be applied, the author hopes to give the outsider some feeling for the process, and some perception of how international arbitration is different both from domestic arbitration and from litigation in national courts. The author has an additional purpose, as well, however, though: to be sure not to sound too pretentious about it. Focusing on the record, on discovery, on examination of witnesses, and on choosing a choice of …