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Litigation

2009

Articles 1 - 2 of 2

Full-Text Articles in Law

Fixing The Mandatory Arbitration Problem: We Need The Arbitration Fairness Act Of 2009, Jean R. Sternlight Jan 2009

Fixing The Mandatory Arbitration Problem: We Need The Arbitration Fairness Act Of 2009, Jean R. Sternlight

Scholarly Works

No abstract provided.


Dispute Resolution And The Quest For Justice, Jean R. Sternlight Jan 2009

Dispute Resolution And The Quest For Justice, Jean R. Sternlight

Scholarly Works

During and since the 1976 Pound conference, the rise of nonlitigation approaches has sparked an intense debate as to whether negotiation, mediation, and arbitration are consistent with justice or rule of law, and whether litigation itself is sufficiently accessible to support a quest for justice. This article offers observations on questions related to this debate, including whether procedure matters, the limits of procedural reform, whether some processes are more just than others, and how procedural reforms enhance justice.