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Articles 421 - 450 of 7266
Full-Text Articles in Law
Deconstructing Business Law Center Design, Mission, And Innovation, Patricia Hureston Lee
Deconstructing Business Law Center Design, Mission, And Innovation, Patricia Hureston Lee
The Business, Entrepreneurship & Tax Law Review
This article identifies the mission, goals, and objectives in Law Centers and provides insights and a taxonomy on the distinct types of Law Center offerings. Next, the article offers a toolkit of ideas to advance stakeholder knowledge, skills, and learning outcomes. Further, the article sets forth a Law Center case study, dis-cussing the Loyola University Chicago Center for Business Law’s design, mission, goals, objectives, and programs. This article recommends that Law Centers reassess their mission, goals and objectives and re-consider enhancing their impact on corporate governance and the emerging local, national, and global issues. There is no better time for …
An Undeserved Bad Rap? Finding The Fairness In Mandatory Employment Arbitration, John G. Browning, Janey Whitney
An Undeserved Bad Rap? Finding The Fairness In Mandatory Employment Arbitration, John G. Browning, Janey Whitney
The Business, Entrepreneurship & Tax Law Review
“As many frustrated empirical scholars have noted, it is [difficult] to obtain data regarding claims brought in either litigation or arbitration, and even when data is obtained, it is very [difficult to] compare the two sets of information.” Given the private nature of arbitration proceedings, not all data is readily available. Congress enacted the Federal Arbitration Act (“FAA”) in 1925, governing and providing for “judicial facilitation of private dispute resolution through arbitration.” Since 1925, the use of mandatory employment arbitration clauses has grown dramatically. With such exponential growth has come heightened attention to the practice, resulting in robust debate on …
Tables Turning: How Companies Should Respond To The “Mass Arbitration” Phenomenon And Abernathy V. Doordash, Inc., Isaac Keller
Tables Turning: How Companies Should Respond To The “Mass Arbitration” Phenomenon And Abernathy V. Doordash, Inc., Isaac Keller
The Business, Entrepreneurship & Tax Law Review
Over the last four decades, mandatory pre-dispute arbitration has become an increasingly common method for resolving disputes between corporations and consumers or employees. Despite its harm to smaller and disadvantaged parties, the Supreme Court’s pro-arbitration stance and legislative inaction have allowed this trend to continue. Following the Supreme Court’s 2011 decision in Concepcion, this practice has expanded to include class action waivers. However, a new strategy known as “mass arbitration” is empowering plaintiffs and forcing companies to settle disputes more quickly. This article aims to advise businesses on how to respond to this development, ultimately recommending that businesses reject the …
Finding The Goldilocks Of Employment Discrimination: The Confusing Approaches To Temporal Proximity., Jordan Roling
Finding The Goldilocks Of Employment Discrimination: The Confusing Approaches To Temporal Proximity., Jordan Roling
The Business, Entrepreneurship & Tax Law Review
There has been substantial discourse between federal circuit courts in determining causality for employment discrimination cases. The article begins with a real-life case of a woman diagnosed with potentially cancerous tumors who, after filing an Equal Employment Opportunity Commission (EEOC) complaint, faced adverse actions by her employer. The central question is how temporal proximity, the time between the complaint and adverse actions, plays a role in determining causality. The article examines the varying approaches of different circuit courts, some of which rely solely on temporal proximity to establish a causal connection, while others demand additional evidence. It also discusses the …
The Wealth Of Our Commonwealth: Money, Capital, And Finance In A Productive Commercial Republic, Robert Hockett
The Wealth Of Our Commonwealth: Money, Capital, And Finance In A Productive Commercial Republic, Robert Hockett
The Business, Entrepreneurship & Tax Law Review
There is a share of the investment capital available in any society that is generated by the public. In contemporary societies with well-developed payment systems and effective public governance, this share tends to grow large in comparison to that originated by non-public sources, the latter is intermediated and thus must be pre-accumulated, while the former is generated and is the source of what is accumulated. In spite of these truths, the US outsources management of its public capital stock to private sector financial institutions. This is a practice that a host of underappreciated collective action predicaments endemic to decentralized market …
Permitting The Highs Without Addressing The Lows: Options For Struggling State-Legal Marijuana Businesses Barred From Bankruptcy, Rachel Owings
Permitting The Highs Without Addressing The Lows: Options For Struggling State-Legal Marijuana Businesses Barred From Bankruptcy, Rachel Owings
The Business, Entrepreneurship & Tax Law Review
An increasing number of states are permitting marijuana sales, and an increasing number of individuals are seizing the opportunity to start businesses in an exciting new industry. Though exciting, it is also an industry with an abundance of headwinds: complicated regulatory schemes, high tax rates, and the oversupply of marijuana products as many rush into the industry has led to some firms struggling financially. This Article will summarize the law that prevents such firms from accessing the federal bankruptcy system, analyze some relevant cases pointing at potential routes to bankruptcy for unique situations, and then address state law alternatives to …
Note From The Editor
The Business, Entrepreneurship & Tax Law Review
No abstract provided.
The End Of An “Eras?” Antitrust Law And Policy Making A Drastic Change In Live Entertainment Ticketing?, Tyler J. Miller
The End Of An “Eras?” Antitrust Law And Policy Making A Drastic Change In Live Entertainment Ticketing?, Tyler J. Miller
The Business, Entrepreneurship & Tax Law Review
Disaster struck for many Taylor Swift fans as Ticketmaster’s system crashed, causing turmoil amongst consumers searching for tickets to Swift’s Eras Tour. This crash led to an outcry for change to create a better live entertainment industry. Congress, courts, consumers, competitors, and legal scholars have responded by proposing numerous potential solutions. Bipartisan and public perception have pointed primarily in one direction: antitrust law and policy. In the wake of over 100 years of antitrust legislation and jurisprudence, Live Nation Entertainment, Inc. has sparked a call for the use of Title 15 of the United States Code to remedy problems in …
Advice About Written Advocacy From The Washington Court Of Appeals, Douglas E. Abrams
Advice About Written Advocacy From The Washington Court Of Appeals, Douglas E. Abrams
Faculty Publications
No abstract provided.
Training Your Mediator Bot, John Lande
Training Your Mediator Bot, John Lande
Faculty Blogs
This somewhat tongue-in-cheek post discusses biases in AI systems. Noting that AI bots need to be “trained,” this post suggests that untrained mediator bots may spew out unwanted interventions such as providing undesired evaluations of BATNA values – or failing to provide desired evaluations. So mediators probably will need to co-mediate with their bots for a while to observe and correct its biases. Ironically, bots may produce language that normal humans understand much better than the confusing jargon we habitually use. So the mediator bots may need to train human mediators.
Teaching Students To Focus On Party Decision-Making, John Lande
Teaching Students To Focus On Party Decision-Making, John Lande
Faculty Blogs
This post describes why law schools don’t teach students very much about helping clients make decisions and suggests techniques for doing so. It suggests (1) focusing on parties’ roles throughout relevant courses, (2) including meaningful party roles in simulations and competitions, (3) using simulations focusing solely on preparation, (4) using multi-stage simulations, (5) helping students focus on parties’ intangible interests in simulations and Stone Soup interviews, (6) using the terms “pre-mediation-session” or “before mediation sessions,” (7) taking advantage of the litigation interest and risk assessment framework and materials, and (8) recommending that schools offer a course on strategic case evaluation …
Focus On Party Decision-Making, John M. Lande
Focus On Party Decision-Making, John M. Lande
Faculty Blogs
A major motivation in the modern dispute resolution movement has been to increase and improve parties’ decision-making in their legal disputes. Parties can participate more effectively in negotiation and mediation if they engage in decision-making early in disputes. This suggests the importance of good preparation before negotiation and mediation sessions. When parties are well-prepared in advance, they are as knowledgeable, confident, and assertive as possible in making decisions in their cases
Charlie Irvine's Challenge To Mediators To Describe Your Mediation System, John M. Lande
Charlie Irvine's Challenge To Mediators To Describe Your Mediation System, John M. Lande
Faculty Blogs
Charlie Irvine is the Course Leader on the University of Strathclyde’s (Scotland) MSc/LLM in Mediation and Conflict Resolution and the Director of the Strathclyde Mediation Clinic. The Clinic provides a free mediation service in which experienced practitioners work alongside trainee mediators to help people resolve disputes without going to court or tribunal. The following is Charlie’s Director’s Column published in Mediation Matters!, the Clinic’s quarterly newsletter. Irvine wrote an account of his own mediation system that was one of ten real mediation systems Lande analyzed in Real Mediation Systems to Help Parties and Mediators Achieve Their Goals.
Does The Community Choice Aggregation Approach Advance Distributed Generation Development? A Case Study Of Municipalities In California, Robin M. Rotman, Jun Deng
Does The Community Choice Aggregation Approach Advance Distributed Generation Development? A Case Study Of Municipalities In California, Robin M. Rotman, Jun Deng
Faculty Publications
Globally, decentralized energy systems are gaining popularity due to their potential for energy accessibility, energy resilience, and sustainability benefits. Existing research on an energy system decentralization approach, community choice aggregation (CCA), shows its ability to lower energy costs and increase renewable electricity consumption for U.S. communities. Nevertheless, research on the relationship between CCA and distributed electricity generation development is lacking. This paper fills this gap by investigating if the CCA approach associates with distributed generation capacity interconnection in California municipalities. The finding shows that although the average capacity has increased for all municipalities throughout the study period, contrary to proponents’ …
References To Beatles Songs In Advocacy And Judicial Opinions, Douglas E. Abrams
References To Beatles Songs In Advocacy And Judicial Opinions, Douglas E. Abrams
Faculty Publications
This article surveys the indelible mark that the Beatles (Paul McCartney, John Lennon, George Harrison, and Ringo Starr) continue to leave on courts in the United States more than half a century after the quartet burst onto the American scene with their three television appearances on the Ed Sullivan Show in February of 1964, six years before the band’s breakup.
The Mindful First Amendment, Gary Myers
The Mindful First Amendment, Gary Myers
Faculty Publications
The mindfulness movement has begun to play an expanding role in personal well-being and in society more generally. Although there is an active push for mindfulness in law, its primary focus is on ways in which mindfulness techniques can help lawyers in their personal and professional lives. This article explores the possible contributions of mindfulness to the widely recognized challenges facing freedom of speech and freedom of the press in an era of severe cultural and political polarization.
How Can International Commercial Courts Become An Attractive Option For The Resolution Of International Commercial Disputes?, Shahar Avraham-Giller, Rabeea Assy
How Can International Commercial Courts Become An Attractive Option For The Resolution Of International Commercial Disputes?, Shahar Avraham-Giller, Rabeea Assy
Journal of Dispute Resolution
Arbitration has dominated the landscape of the resolution of international commercial disputes (that is, private disputes involving transnational connections). Nevertheless, the last fifteen years have witnessed a proliferation in the establishment of new commercial courts in several countries, with the aim of attracting international commercial disputes. This article makes the novel argument that such attempts are unlikely to render adjudication an attractive alternative to arbitration. For the new international commercial courts to fully realize their potential and produce a sustainable market of adjudication, some mechanism is needed to secure the enforceability of jurisdiction clauses and the judgments delivered by courts …
Where’S The First Tee And What’S The Course Record?: The Pros And Cons Of Using Adr In The Pga Tour-Liv Golf Antitrust Suit, Sean Mcdowell
Where’S The First Tee And What’S The Course Record?: The Pros And Cons Of Using Adr In The Pga Tour-Liv Golf Antitrust Suit, Sean Mcdowell
Journal of Dispute Resolution
LIV Golf has taken the professional golfing world by storm. Started by golfing legend Greg Norman and funded by the Saudi Arabia Public Fund, LIV golf has brought a new league with a new format to golf, but it has also drawn its fair share of criticism due to its sources of funding. In response to the rise of LIV Golf, the PGA TOUR, professional golf’s principal league, announced it would suspend any player that signed a contract to play for LIV Golf. Recently, eleven LIV Golf players and LIV Golf itself have filed an antitrust suit against the PGA …
Player Discipline In The Nfl: Arbitration Or Arbitrary?, Adam Walker
Player Discipline In The Nfl: Arbitration Or Arbitrary?, Adam Walker
Journal of Dispute Resolution
Since the Houston Texans drafted him in 2017, Deshaun Watson has statistically been one of the best quarterbacks in the National Football League (“NFL”). Watson led the Texans to the playoffs in both the 2018 and 2019 seasons before internal organizational issues led to Watson requesting a trade after the 2020 season. By the end of March 2021, twenty-one women had filed civil lawsuits alleging Watson of sexual assault and sexual misconduct. Watson did not immediately face any discipline from the NFL, but the Texans made Watson inactive for every week of the 2021 season in light of the accusations …
In Praise Of Reconciliation: The In-Court Settlement As A Global Outreach For Appropriate Dispute Resolution, Cesare Cavallini, Stefania Cirillo
In Praise Of Reconciliation: The In-Court Settlement As A Global Outreach For Appropriate Dispute Resolution, Cesare Cavallini, Stefania Cirillo
Journal of Dispute Resolution
A sense of crisis in the administration of civil justice is widespread. Whether the typical difficulties faced by many countries unfold in excessive costs and delays, they have stark implications for the effectiveness of the procedural systems and access to justice. Several new institutions evolved to deal with this state of crisis. Amongst them, the judicially-led settlement, which has the peculiarity of being an alternative tool, despite being performed in the courtroom, made inroads worldwide. However, the pro-adjudication rhetoric raised and continue to raise severe qualms of parties’ coercion and judicial partiality resulting from the judge’s dual role as conciliator …
Asean Dispute Settlement And The Temple Of Preah Vihear, David Y.K. Kwok
Asean Dispute Settlement And The Temple Of Preah Vihear, David Y.K. Kwok
Journal of Dispute Resolution
The Association of Southeast Asian Nations (“ASEAN”) was established in 1967. The founding members of ASEAN are Indonesia, Malaysia, Philippines, Singapore and Thailand. Five other countries have since joined ASEAN, including Brunei, Laos, Vietnam, Cambodia and Myanmar. Today, ASEAN represents a strong economic organization which has Gross Domestic Product ranking top ten in the world. As to why the founding members decided to establish such an organization, Piris and Woon take the view that it was for the purpose of combating communism during the 1960s. In 2007, a milestone event for ASEAN was the adoption of the ASEAN Charter (“the …
New Update Available: How The Doordash And Tiktok Cases Will Change The Way Arbitration Is Utilized In Class Actions, Allison Garrett
New Update Available: How The Doordash And Tiktok Cases Will Change The Way Arbitration Is Utilized In Class Actions, Allison Garrett
Journal of Dispute Resolution
In the commercialized and technology-driven world we live in today, it is astonishingly easy to find an area where an arbitration clause has influenced our lives. If you have purchased a smart phone, applied for a credit card, downloaded an app, or ordered takeout, you have likely signed an arbitration clause. Arbitration claims can be a powerful tool for suppressing collective action and contributed to the steady decrease of class action filings for decades, particularly against large corporations. With the strengthening of arbitration clauses in the past several decades and the court’s tricky relationship with their enforcement, arbitration claims have …
Missouri’S Ultimate Dead Hand Control: The Development And Relationship Between Donative Arbitration Provisions And No-Contest Clauses In Wills & Trusts, Hunter Hummell
Journal of Dispute Resolution
In Epigrams of a Cynic, Ambrose Bierce wrote “death is not the end; there remains the litigation over the estate.” As true as that statement was in 1912, it does not take a cynic to see the role that probate and litigation play in our world today. In 2022, Americans will spend over two billion dollars on probate. The probate system has always been one the most important foundations of the U.S modern legal system. In Missouri alone, there were over 15,000 cases filed in the probate court in 2021. It seems that death and conflict are inseparable. The idea …
Fault Lines & Fractured Foundations: A Paradigm Shift For Equal Pay For Professional Women Athletes, Emily Tompkins
Fault Lines & Fractured Foundations: A Paradigm Shift For Equal Pay For Professional Women Athletes, Emily Tompkins
Journal of Dispute Resolution
In the face of adversity, professional female athletes have championed the fight for equal pay and brought the issue to the national stage. Testifying in front of the Congressional House Oversight Committee, Megan Rapinoe, a professional soccer player for the United States Women’s National Team, articulates that “one cannot simply outperform inequality or be excellent enough to escape discrimination of any kind.” Megan Rapinoe’s message has touched the hearts of not only Americans but also people all over the world, and her leadership has brought visibility to the realities of gender-based discrimination of female athletes in the United States.
Party Self-Empowerment From Preparation For Mediation Sessions, John Lande
Party Self-Empowerment From Preparation For Mediation Sessions, John Lande
Faculty Blogs
If parties are well-prepared before mediation sessions, they will be knowledgeable, confident, and assertive so that they can exercise their decision-making authority as well as possible. Well-prepared parties can make decisions before and during mediation sessions rather than simply relying on mediators to promote their self-determination. In other words, they will feel more empowered to participate productively. Depending on the circumstances, mediators, lawyers, courts, and/or mediation programs may help parties get prepared.