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Articles 61 - 90 of 6834
Full-Text Articles in Law
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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.
Len Riskin Pulls It All Together In Managing Conflict Mindfully, John Lande
Len Riskin Pulls It All Together In Managing Conflict Mindfully, John Lande
Faculty Blogs
This post describes Len Riskin’s impressive career and summarizes themes in his book, Managing Conflict Mindfully: Don’t Believe Everything You Think. He argues that people can wisely manage conflict by learning to use and integrate three sets of ideas and techniques – negotiation, mindfulness, and internal family systems (IFS). You can think of IFS as the conversation or negotiation between different voices in our heads. Rather than conceiving people as having only a single “unitary” self, IFS recognizes the “multiplicity” of our selves.
The Filming Dilemma: The Potential Speech Cost Presented By Camera Coverage Of Defamation Cases, Alexandra M. Gutierrez
The Filming Dilemma: The Potential Speech Cost Presented By Camera Coverage Of Defamation Cases, Alexandra M. Gutierrez
Missouri Law Review
For the better part of the last century, journalists have used free press and free-speech principles to advocate for camera access to newsworthy trials. But it was not until 2022 that news organizations succeeded in broadcasting defamation proceedings, and—in the process—gave libel litigants a novel opportunity to present their stories both to jurors and to the public at large. Because news organizations are themselves frequent targets of defamation lawsuits, this development may not be a categorical good for the press. The filming of defamation proceedings could provide motivated litigants with one more incentive to sue real and perceived critics, insofar …
Untangling Defamation Law: Guideposts For Reform, Lyrissa Lidsky
Untangling Defamation Law: Guideposts For Reform, Lyrissa Lidsky
Missouri Law Review
This article, which is based on a keynote address given at the 2023 Missouri Law Review Symposium, addresses the past and predicted future of defamation law in hopes of galvanizing needed reforms. As a necessary backdrop, this article explains why today’s defamation law remains so complex, tracks reforms over the last half century, and explains why the common law of defamation has not adapted adequately to the challenges posed by cheap speech in the digital era. The article then turns to assessing the complaints of defamation law’s most prominent would-be reformers and finds them to rest on an incomplete understanding …
Internet Famous: Are Online Influencers And Micro-Celebrities Public Figures Under Defamation Law?, Frank D. Lomonte, Stephanie J. Leibert
Internet Famous: Are Online Influencers And Micro-Celebrities Public Figures Under Defamation Law?, Frank D. Lomonte, Stephanie J. Leibert
Missouri Law Review
Social media and video-sharing sites have introduced the concept of “micro-celebrity,” a person who attains fame – rapidly, and potentially fleetingly – among a niche audience of internet users for doing something colorful. As with anyone who participates in the sometimes sharp-elbowed give-and-take of online discourse, these niche celebrities are increasingly being drawn into controversies that can result in litigation. For nearly 60 years, the Supreme Court’s Sullivan standard has afforded critics an extra measure of breathing space when they comment on the conduct of “public” personalities –people with outsized influence, and the ability to defend themselves effectively through counterspeech. …
All The Rumors Are True: Verification, Actual Malice, And Celebrity Gossip, Jasmine E. Mcnealy
All The Rumors Are True: Verification, Actual Malice, And Celebrity Gossip, Jasmine E. Mcnealy
Missouri Law Review
More than half of Americans get their news from social media. These spaces – social media platforms, video and audio recommender systems, social news and gossip boards – have their own fact-checking and editorial cultures that, although not the exact same as those found in newsrooms, offer similar controls for the distribution of information. While imperfect, just like the controls of traditional media, these fact-checking cultures may offer a response to recent US judicial rejection of actual malice and provide a route of inquiry for courts examining evidence to determine if a defamation plaintiff has met the heightened standard. This …
Revisiting Rosenbloom: Can A Return To The “Matter Of Public Concern” Standard In Defamation Cases Quiet Sullivan’S Skeptics?, Amy Kristin Sanders
Revisiting Rosenbloom: Can A Return To The “Matter Of Public Concern” Standard In Defamation Cases Quiet Sullivan’S Skeptics?, Amy Kristin Sanders
Missouri Law Review
As a vocal minority increasingly airs their displeasure with the actual malice rule the U.S. Supreme Court established in New York Times v. Sullivan, media defense attorneys find themselves searching for way to pushback against the possible erosion of a key First Amendment protection for free speech. This article calls for a reconsideration of the “matter of public concern” standard that a plurality of the Court promulgated in Rosenbloom v. Metromedia. The article outlines the chief concerns brought by those who wish to reconsider the requirement that public officials and public figures prove reckless disregard for the truth to recover …
A Duty To Impeach: Libel And Modern Liberalism After Dobbs, Matthew L. Schafer
A Duty To Impeach: Libel And Modern Liberalism After Dobbs, Matthew L. Schafer
Missouri Law Review
The conservative legal establishment is waging war on modern liberalism with Dobbs v. Jackson Women’s Health Organization marking its most recent victory. Against this backdrop, this Article contends that attacks from the right on New York Times Co. v. Sullivan—the Court’s defining First Amendment decision that places political speech at the center of free speech doctrine—are motivated not by bona fide doctrinal disagreements but rather the cynical belief that the specter of defamation liability unrestrained by Sullivan will silence political opponents and, in turn, hasten the end of modern liberalism. So while the battle over Sullivan may not have the …
Half Past Inexcusable: The Lanham Act Needs To Disassociate With The Doctrine Of Laches, Jared Gillen
Half Past Inexcusable: The Lanham Act Needs To Disassociate With The Doctrine Of Laches, Jared Gillen
Missouri Law Review
Who condones time’s ability to place such an incessant stranglehold on one’s emotions? Well, no one, but it is inevitable: time dictates every facet of life. For example, a brief glance at the clock elicits a myriad of potential responses. One possibility is anticipation: painstakingly watching the clock count down the hours, minutes, and seconds until the weekend. The feeling is excruciating. However, the instant the minute hand aligns with that pesky 12 provides an instantaneous, captivating sense of relief. There is no feeling like 5 PM. Conversely, no amount of begging or pleading with Father Time can change the …
Form Over Substance: How Tort Reform Policy Prevailed Over Constitutional Protection, Kate Frerking
Form Over Substance: How Tort Reform Policy Prevailed Over Constitutional Protection, Kate Frerking
Missouri Law Review
Tort reform has become a prominent and contested issue as legislatures around the country are seeking to reconsider and rewrite the rules of civil tort litigation. Missouri, like many other states, focuses its effort on legislative remedy limitations in the form of statutory caps on noneconomic damages—attractive targets for nationwide reform efforts. There is uncertainty as to whether, and to what extent, this reform measure implicates the constitutional right to trial by jury. The Missouri Supreme Court addressed this issue in Ordinola v. University Physician Associates, and it affirmed the statutory caps on noneconomic damages imposed by the Missouri General …
Let’S Not Talk About It: How Courts Apply Constitutional Avoidance And Qualified Immunity As A Shield For Law Enforcement Officers, Hanna M. Metzler
Let’S Not Talk About It: How Courts Apply Constitutional Avoidance And Qualified Immunity As A Shield For Law Enforcement Officers, Hanna M. Metzler
Missouri Law Review
On the night of December 8, 2015, Nicholas Gilbert was pronounced dead following a tragic incident at the St. Louis Metropolitan Police Department (“SLMPD”) station. Was the cause of death excessive force by SLMPD officers? Well, it is wishful thinking to expect a straightforward answer. It is no secret that recent actions of law enforcement officers have garnered unfettered attention from activist movements across the country. Despite the force of movements like Black Lives Matter and Defund the Police, qualified immunity works to protect law enforcement officers against claims that may arise in their line of duty and consistently prevails …
What Lawyers Can Teach Their Employed Law Students About 'Impactful Legal Writing', Douglas E. Abrams
What Lawyers Can Teach Their Employed Law Students About 'Impactful Legal Writing', Douglas E. Abrams
Faculty Publications
This article concerns the value of teaching employed law students about the potency of “impactful legal writing” – legal writing that can have a substantial impact on someone other than the student writer. Much of the employer’s most instructive teaching about impactful legal writing occurs at the beginning of an assignment, rather than solely during review after the student has completed the assignment. This article identifies four ways an employed law student’s impactful writing when fulfilling assignments differs from the effect of students’ academic writing in law school. Each of the four ways enables the employer to deliver practical lessons …
Problem-Resolution Lawyering Across The Twenty-First Century Law Curriculum, John Lande
Problem-Resolution Lawyering Across The Twenty-First Century Law Curriculum, John Lande
Faculty Blogs
This post highlights an article by Kris Franklin and F. Peter Phillips. They argue, “Framing lawyers’ professional role as helping clients resolve problems – and therefore in turn, conceiving law school coursework as preparation for that role – should alter teaching, learning, and law practice in ways that inevitably improves each.” The article includes “exemplars” of ways to shift the legal curriculum to focus on lawyers as problem resolution partners.
A Proposal For The Joint Development Of Generative Ai For The Dispute Resolution Profession, John Lande
A Proposal For The Joint Development Of Generative Ai For The Dispute Resolution Profession, John Lande
Faculty Blogs
This post by Gary Doernhoefer proposes the development of a data set for the dispute resolution profession as the basis for AI systems. The ideal model would be for a collaboration in the dispute resolution field to create the refined data set, establish guardrails, and set privacy parameters for the use of the data. This would involve a centralized advisory board to address concerns such as (1) privacy requirements for how the queries are received, stored, and used, (2) the expertise needed to curate additional training materials, (3) shared costs of development, and (4) gaining the cooperation of industry authors …
Intersectional Management: An Analysis Of Cooperation And Competition On American Public Lands, Robin M. Rotman, Abigail M. Hunt
Intersectional Management: An Analysis Of Cooperation And Competition On American Public Lands, Robin M. Rotman, Abigail M. Hunt
Faculty Publications
The United States government holds public lands in trust for the whole of the American people. This article focuses on National Monuments under the Antiquities Act. It argues that the federal government should renew its approach to the management of these lands by incorporating principles of environmental justice and long- term environmental viability. The article begins by examining the historical and legal foundations of federal lands in the United States, with a focus on the Antiquities Act. It then reflects on recent litigation and political controversy surrounding Bears Ears National Monument and Grand Staircase–Escalante National Monument, to illustrate how the …
Real Mediation Systems To Help Parties And Mediators Achieve Their Goals, John M. Lande
Real Mediation Systems To Help Parties And Mediators Achieve Their Goals, John M. Lande
Faculty Publications
This article argues that it is time for a paradigm shift in our current general mediation theory because of numerous problems. Our current theory is incomplete at best and seriously misleading at worst. The traditional mediation models are oversimplified, poorly mapping onto the reality of practice. They combine multiple elements that are not necessarily correlated. Many practitioners ignore them because they are confusing or not helpful. People do not understand the theoretical meanings because the terms are not consistent with commonly understood language. Arguments about what is or is not real or good mediation have spawned unhelpful ideological divisions in …
Pay-For-Play(Ers): Missouri’S Recent Nil Amendment Is A Solid Blueprint For Federal Nil Regulation, Tyler Kraft
Pay-For-Play(Ers): Missouri’S Recent Nil Amendment Is A Solid Blueprint For Federal Nil Regulation, Tyler Kraft
Missouri Law Review
The issues facing the national name, image, and likeness (“NIL”) debate came to a head on January 17, 2023. On that day, Jaden Rashada—the No. 27 rated high school football recruit in the country—decommitted from Florida when a $13 million NIL deal failed to materialize as promised. The story prompted questions about how schools handle NIL initiatives, the amounts of money thrown at collegiate athletes, and the business model at large for college athletics. It also reveals the challenges states face as they attempt to develop regulatory frameworks for NIL.