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Articles 1 - 30 of 960
Full-Text Articles in Law
Zf Automotive V. Luxshare: The Supreme Court’S New Gloss On 28 U.S. Code § 1782 And What It Means For International Commercial Arbitration, Madina Lokova
Journal of Dispute Resolution
The federal statute 28 U.S.C. § 1782 (“Section 1782”) allows litigants in foreign proceedings to obtain discovery in the United States, under the broad US discovery rules, for use in such proceedings. Although Section 1782’s use by parties to foreign proceedings has been expanding, there was a split in authority regarding whether the statute was broad enough to permit United States’ courts to authorize discovery for use in private arbitration proceedings overseas.
Strategies For Successful Negotiation Of International Disputes: Positional Bargaining Vs. Principled Negotiation In The Indus Water Treaty Negotiations, Sushant Mahajan
Strategies For Successful Negotiation Of International Disputes: Positional Bargaining Vs. Principled Negotiation In The Indus Water Treaty Negotiations, Sushant Mahajan
Journal of Dispute Resolution
Water is the root of all civilization. Great empires of the past arose around lakes and river systems, from the Yangtze to the Nile to the Tiber. While water resources bolstered the power of world leaders, water mismanagement had the potential to lead to their downfall. Even in modern times, water availability is a significant constraint on development – the magnitude of this constraint is particularly felt in arid and semi-arid regions especially as climate change takes effect. This importance has made water supply a great source of conflict. Though it has been a cause of conflict for centuries, transboundary …
Sunny Days Ahead: Using Adr To Fuel The Future Of Green Energy, Matthew Graham
Sunny Days Ahead: Using Adr To Fuel The Future Of Green Energy, Matthew Graham
Journal of Dispute Resolution
The energy landscape in the United States (“U.S.”) has undergone significant changes in the last few centuries. Energy consumption has increased dramatically as more energy sources have been developed. As one of the world’s leading energy consumers, the U.S. has a large incentive to develop energy solutions that are both sustainable, dependable, and independent of foreign powers. For these reasons, Congress has spent the last few decades passing numerous pieces of legislation encouraging investment in energy solutions that will benefit the U.S. for centuries. With the enactment of the Inflation Reduction Act (“IRA”) of 2022, the U.S. has made its …
Why Removing Institutional Discretion And Applying Restorative Justice To Mediation Could Prove Beneficial To Title Ix Dispute Resolution, Clare Hensley
Journal of Dispute Resolution
University students have often voiced concern that their institution did not do enough in addressing sexual assaults on campus. There is a perception among students and potential victims that there is a culture of ignoring and underreacting to sexual violence on campus. As many as one in five female undergraduate students experience sexual violence during college, but few feel confident enough to report it.
A “Rule Making” Class: The Federal Trade Commission’S Expansive Per Se Ban On Noncompete Clauses: Authority, Enforceability, And The Need For Congressional Action, Nolan Johnson
Journal of Dispute Resolution
A non-compete clause is “an agreement or contract not to interfere or compete with a former employer (as by working with a competitor).” The Federal Trade Commission (“FTC”) has proposed a per se ban on non-compete provisions in employment contracts. This would arguably be the FTC’s second substantive rule under the FTC Act. This substantive rule making departs from the traditional common law style rule-making process in which the courts create antitrust jurisprudence standards. In this way, the FTC has challenged the practice by exploring a new avenue of power under Section 5 of the FTC Act.
Odd One Out: Inconsistency In The Federal Arbitration Act’S Jurisdictional Language, Joshua Long
Odd One Out: Inconsistency In The Federal Arbitration Act’S Jurisdictional Language, Joshua Long
Journal of Dispute Resolution
After almost a century, the Federal Arbitration Act (FAA) continues to guide and change the arbitration landscape. While greater focus has been placed on the FAA’s substantive merits and evolution, the act’s procedural role in outlining the relationship between arbitration and the federal court system plays an equally important role in alternate dispute resolution. Notably, recent concerns regarding inconsistencies in the act’s jurisdictional language may undermine the FAA’s ability to provide a clear, efficient, and fair process for arbitration.
Mandatory Arbitration And Lgbtq+ Hostile Workplace Protections: A Review Of The Ending Forced Arbitration Act, Its Impact, And Implications, Jared E. Munster
Mandatory Arbitration And Lgbtq+ Hostile Workplace Protections: A Review Of The Ending Forced Arbitration Act, Its Impact, And Implications, Jared E. Munster
Journal of Dispute Resolution
In 2022, the 117th Congress amended the Federal Arbitration Act (FAA) in response to widespread public pressure to change the culture of American employment. After years of pervasive sexual harassment across industries, supported by the growth of mandatory, adhesive arbitral agreements in employment contracts, Congress adopted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Ending Forced Arbitration Act”) which rendered unenforceable pre-dispute arbitral agreements for claims of sexual harassment or sexual assault. 1
Legislative Update, Katherine Albers, Lauren Bean, Dillon Dewey, Hannah Jackson, Victoria Mantel
Legislative Update, Katherine Albers, Lauren Bean, Dillon Dewey, Hannah Jackson, Victoria Mantel
Journal of Dispute Resolution
The Legislative Update is compiled and written annually by the Journal of Dispute Resolution’s Associate Members under the direction of the Associate Editor in Chief. It is designed to provide readers with a listing of pertinent legislation affecting the field of alternative dispute resolution (“ADR”) and a more detailed look at certain bills because of their importance or novelty within the field.
Ending The Epidemic Of Accidental Personality Disorder Discrimination By Well-Meaning Mediators, Dan Berstein, Hannah Diamond, Philip T. Yanos
Ending The Epidemic Of Accidental Personality Disorder Discrimination By Well-Meaning Mediators, Dan Berstein, Hannah Diamond, Philip T. Yanos
Journal of Dispute Resolution
People who have or appear to have mental disorders encounter rampant bias and stigma, including from mediators. This article focuses on some of the most heavily stigmatized mental health problems - personality disorders - and how some mediators discriminate against parties based on their guesses and assumptions that those parties may have these conditions.
Climate Diplomacy: Can Mediating Climate Considerations Into Peace Agreements Create A Sustainable Future?, Kayla Fowler
Climate Diplomacy: Can Mediating Climate Considerations Into Peace Agreements Create A Sustainable Future?, Kayla Fowler
Journal of Dispute Resolution
The Earth’s temperature has risen on average 0.14 degrees Fahrenheit per decade since 1880—a total of 2 degrees. Since 1981, the rate of warming has been over twice as fast at 0.32 degrees Fahrenheit per decade. 2022 was the sixth-warmest year on record, and the 10 warmest years have all occurred since 2010. These long-term shifts in temperature exemplify the changes to our climate due to the increasing accumulation of gases caused by human activity on Earth, more commonly referred to as climate change. While it is abundantly clear that climate change is negatively affecting our environment, it is also …
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.
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 …
Analyzing The Anatomy Of Innovative Investment Treaty Drafting: The Quest To Safeguard The Right To Regulate, Naimeh Masumy, Carrie Shu Shang
Analyzing The Anatomy Of Innovative Investment Treaty Drafting: The Quest To Safeguard The Right To Regulate, Naimeh Masumy, Carrie Shu Shang
Journal of Dispute Resolution
No abstract provided.
Why Missouri State Courts Should Implement An Online Dispute Resolution Platform To Resolve Traffic Tickets, Warrants And Please, And Misdemeanors, Emma Wormington
Why Missouri State Courts Should Implement An Online Dispute Resolution Platform To Resolve Traffic Tickets, Warrants And Please, And Misdemeanors, Emma Wormington
Journal of Dispute Resolution
No abstract provided.