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Articles 1 - 30 of 67
Full-Text Articles in Law
National Labor Relations Board V. Murphy Oil Usa, Inc.: A Test Of Might, Elizabeth Storey
National Labor Relations Board V. Murphy Oil Usa, Inc.: A Test Of Might, Elizabeth Storey
Duke Journal of Constitutional Law & Public Policy Sidebar
National Labor Relations Board v. Murphy Oil USA pits two co-equal federal statutes head-to-head. The Federal Arbitration Act mandates that all arbitration clauses be enforced. The National Labor Relations Act grants employees the right to act collectively to bring claims against employers. The Supreme Court must decide whether arbitration clauses in employment contracts, which require employees to arbitrate work-related disputes on an individual basis, contravene the interests of the NLRA. This commentary argues that the Supreme Court should recognize how these arbitration clauses undermine and subvert the protections of the NLRA by disallowing employees to act collectively. By invoking the …
A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa
Fordham Environmental Law Review
No abstract provided.
International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan
International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Laos is no stranger to international investment arbitration. Despite its status as one of Southeast Asia's least developed countries, it has had an Investment Law for more than two decades and is also a party to several bilateral and Association of South East Asian Nations (ASEAN)-related investment agreements. More recently, two investment treaty claims have been made against it, one of which has given rise to an award challenge that went all the way to Singapore's highest court. This article will examine the history, evolution and current iteration of Laos' relationship with international investment law and focus on the two …
Third-Party Funding In International Arbitration, Victoria Sahani
Third-Party Funding In International Arbitration, Victoria Sahani
Shorter Faculty Works
Third-party funding, also known as litigation funding, is a financing method in which an entity that is not a party to a particular dispute funds another party’s legal fees or pays an order, award, or judgment rendered against that party, or both. Third-party funding is a growing phenomenon that is becoming more mainstream in both the litigation and the international arbitration communities. The leading jurisdictions worldwide — in terms of volume and sophistication of third-party funding arrangements — are Australia, the U.K., the U.S. and Germany. In the past, third-party funding was a smaller niche market, but in recent years, …
International Investment Law Through The Lens Of Global Justice, Steven Ratner
International Investment Law Through The Lens Of Global Justice, Steven Ratner
Law & Economics Working Papers
The last decade has witnessed a series of criticisms from states, NGOs, and scholars of international investment law’s rules and procedures. Running in parallel, and for a longer period, political philosophers have developed theories about what would constitute a just international economic order. Yet international law and philosophy have not directly engaged with one another regarding the justice of international investment law. This article attempts to breach that gap by analyzing the key critiques of investment law from the perspective of theories of global justice. Philosophical approaches are useful for appraising investment law because they offer a rigorous framework for …
Often Wrong, Never In Doubt: How Anti-Arbitration Expectancy Bias May Limit Access To Justice, Becky L. Jacobs
Often Wrong, Never In Doubt: How Anti-Arbitration Expectancy Bias May Limit Access To Justice, Becky L. Jacobs
Maine Law Review
While there long have been “alternatives” to the traditional trial for those seeking to resolve disputes, the so-called “litigation explosion” in the 1970s inspired a campaign for reform of the administration of justice that resulted in the modern ADR movement. The movement had many disparate goals, not the least of which was to improve public access to justice. At the historic 1976 National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice (Pound Conference), Harvard Law Professor Frank E.A. Sander first posited the concept of a “comprehensive justice center,” more famously referred to as a “multi-door courthouse,” …
Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Maine Law Review
This Article explores what is and what is not in adjudication and mediation, thus illuminating the profound differences between these two processes. The Article does this work in four parts. First, it offers an analysis of cognitive mapmaking and its inevitability in constructing meaning. It then explores how adjudication defines meaning in a particular way. This Article then conducts a comparable analysis of mediation. Finally, it focuses on the bridging function attorneys play between the worlds of mediation and adjudication in light of the Author’s analysis and the practical implications of this function.
Uber Hitches A Ride With Arbitration: How Pro-Arbitration Attitudes And Uber Will Prevail In California And The Ninth Circuit, Neil Eddington
Uber Hitches A Ride With Arbitration: How Pro-Arbitration Attitudes And Uber Will Prevail In California And The Ninth Circuit, Neil Eddington
Pepperdine Dispute Resolution Law Journal
Part I of this article will introduce Uber and describe how the sharing economy functions. This section will explain Uber’s current conflict with their drivers regarding arbitration agreements and why the stakes are so high. Part II will explore the FAA—its history, original legislative intent and purpose—in order to provide a baseline from which to contrast its current broad application. Part III will highlight Supreme Court jurisprudence on arbitration to illustrate how the FAA is now expansively interpreted contrary to its original limited scope. This Part will culminate in an examination of the Concepcion and American Express majority and dissenting …
The Need For Implementation Of A Consolidation Provision In Institutional Arbitration Rules, Ioannis Giakoumelos
The Need For Implementation Of A Consolidation Provision In Institutional Arbitration Rules, Ioannis Giakoumelos
Pepperdine Dispute Resolution Law Journal
This article deals with the question whether arbitration institutions should introduce a consolidation provision in their respective rules, and if so, under what conditions consolidation should be ordered. It stresses the general advantages and potential disadvantages which consolidation may have. It further investigates whether the parties’ interests regarding consolidation are sufficiently respected in the absence of an express consolidation rule. In this regard, it argues that interpretation of arbitration agreements can have a detrimental outcome, and therefore, the introduction of a consolidation provision in institutional rules is recommended. The article goes on to compare various consolidation provisions of different arbitration …
Resolving Time Sensitive Construction Disputes: Are Attorneys Just Getting In The Way?, Jeremy Winter
Resolving Time Sensitive Construction Disputes: Are Attorneys Just Getting In The Way?, Jeremy Winter
Pepperdine Dispute Resolution Law Journal
In addition to promoting the usage of other compelling dispute resolution alternatives such as dispute review boards, this Article advances the argument for marginalizing the over-involvement of and dependence upon zealous adversarial attorneys when attempting to resolve time sensitive construction disputes. More specifically, the remainder of this Article is divided into four main sections. Part II will introduce the construction industry's transactional system through the lens of principal construction professionals, examine the different types of construction contracts, and outline some common time sensitive construction disputes. Part III will provide an overview of alternative dispute resolution's rich connection to the construction …
Religious Arbitration And Its Struggles With American Law & Judicial Review, Sukhsimranjit Singh
Religious Arbitration And Its Struggles With American Law & Judicial Review, Sukhsimranjit Singh
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Our Courts, Ourselves: How The Alternative Dispute Resolution Movement Is Re-Shaping Our Legal System, Deborah R. Hensler
Our Courts, Ourselves: How The Alternative Dispute Resolution Movement Is Re-Shaping Our Legal System, Deborah R. Hensler
Dickinson Law Review (2017-Present)
Twenty-seven years ago, Professor Frank Sander urged American lawyers and judges to re-imagine the civil courts as a collection of dispute resolution procedures tailored to fit the variety of disputes that parties bring to the justice system. Professor Sander’s vision of the justice system encompassed traditional litigation leading to trial, but his speech at the 1976 Roscoe Pound Conference drew attention to alternatives to traditional dispute resolution that he argued would better serve disputants and society than traditional adversarial processes.
Today, interest in dispute resolution is high. This interest cuts across many domains, ranging from the family, to the schoolyard, …
Use Of Mediation To Recover Rights To Our Genes, Rachel Albert
Use Of Mediation To Recover Rights To Our Genes, Rachel Albert
Pepperdine Dispute Resolution Law Journal
No abstract provided.
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Can Nfl Players Obtain Judicial Review Of Arbitration Decisions On The Merits When A Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?, Michael Z. Green, Kyle T. Carney
Can Nfl Players Obtain Judicial Review Of Arbitration Decisions On The Merits When A Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?, Michael Z. Green, Kyle T. Carney
Faculty Scholarship
Several recent court cases, brought on behalf of National Football League (NFL) players by their union, the NFL Players Association (NFLPA), have increased media and public attention to the challenges of labor arbitrator decisions in federal courts. The Supreme Court has established a body of federal common law that places a high premium on deferring to labor arbitrator decisions and counseling against judges deciding the merits of disputes covered by a collective bargaining agreement (CBA). A recent trend suggests federal judges have ignored this body of law and analyzed the merits of labor arbitration decisions in the NFL setting.
NFL …
The South China Sea Arbitration Award, Bernard H. Oxman
The South China Sea Arbitration Award, Bernard H. Oxman
University of Miami International and Comparative Law Review
No abstract provided.
The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea
The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea
Arbitration Law Review
No abstract provided.
Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg
Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg
Arbitration Law Review
No abstract provided.
You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz
You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz
Arbitration Law Review
No abstract provided.
Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson
Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson
Arbitration Law Review
No abstract provided.
The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College
The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College
Arbitration Law Review
No abstract provided.
The Uberization Of Arbitration Clauses, Jill I. Gross
The Uberization Of Arbitration Clauses, Jill I. Gross
Arbitration Law Review
No abstract provided.
Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska
Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska
Arbitration Law Review
No abstract provided.
Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich
Arbitration Law Review
No abstract provided.
Arbitration In Wills And Trusts: From George Washington To An Uncertain Present, Edward F. Sherman
Arbitration In Wills And Trusts: From George Washington To An Uncertain Present, Edward F. Sherman
Arbitration Law Review
No abstract provided.
Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel
Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel
Arbitration Law Review
No abstract provided.
Patent Arbitration: The Underutilized Process For Resolving International Patent Disputes In The Pharmaceutical And Biotechnology Industries, Alessandra Emini
Patent Arbitration: The Underutilized Process For Resolving International Patent Disputes In The Pharmaceutical And Biotechnology Industries, Alessandra Emini
Arbitration Law Review
No abstract provided.
Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods, Jeffrey W. Stempel
Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods, Jeffrey W. Stempel
Arbitration Law Review
No abstract provided.
Soft Law And Transnational Standards In Arbitration: The Challenge Of Res Judicata, William W. Park
Soft Law And Transnational Standards In Arbitration: The Challenge Of Res Judicata, William W. Park
Faculty Scholarship
In international proceedings, a transnational “soft law” often finds expression in rules, guidelines and canons of professional associations which serve to supplement the “hard law” of national statutes and court decisions. Memorializing the experience of those who sit as arbitrators or serve as counsel, such standards contain a degree of circularity, in that relevant norms both derive from and apply to cross-border arbitration. Neither the nature nor the limits of “soft law” always present themselves with clarity. Often the litigants’ agreement fails to provide standards on controverted questions whose answers fall beyond common practice. In such instances, the integrity of …
Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian
Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian
Arbitration Law Review
No abstract provided.