Dispute Resolution and Arbitration Commons^™

Collaboration In Mexico: Renewed Hope For The Colorado River Delta, Francisco Zamora-Arroyo, Osvel Hinojosa-Huerta, Edith Santiago, Emily Brott, Peter Culp

Nevada Law Journal

No abstract provided.

Collaboration And The Colorado River Compact, Patricia Mulroy

Nevada Law Journal

No abstract provided.

Collaborative Management Of The Glen Canyon Dam: The Elevation Of Social Engineering Over Law, Joseph M. Feller

Nevada Law Journal

The operation of Glen Canyon Dam on the Colorado River affects several downstream resources and water uses including water supply for consumptive uses in Arizona, California, and Nevada, hydroelectric power production, endangered species of native fish, recreational angling for non-native fish, and recreational boating in the Grand Canyon. Decisions about the magnitude and timing of water releases through the dam involve trade-offs between these resources and uses. The numerous laws affecting dam operations create a hierarchy of legal priorities that should govern these decisions. At the top of the hierarchy are mandatory requirements for water storage and delivery and for …

Beyond Conjecture: Learning About Ecosystem Management From The Glen Canyon Dam Experiment, Alejandro E. Camacho

Nevada Law Journal

No abstract provided.

Collaborative Solutions To Colorado River Water Shortages: The Basin States' Proposal And Beyond, Douglas L. Grant

Nevada Law Journal

No abstract provided.

The Anti-Speculation Doctrine And Its Implications For Collaborative Water Management, Sandra Zellmer

Nevada Law Journal

No abstract provided.

Summary Of Torrealba V. Kesmetis, 124 Nev. Adv. Op. No. 10, Barbara Mcdonald

Nevada Supreme Court Summaries

Appeal from a district court summary judgment in a tort action.

Summary Of Loomis V. Whitehead, 124 Nev. Adv. Op. No. 7, Charles R. Peterson

Nevada Supreme Court Summaries

Appeal from an order granting partial summary judgment in a contract action. Summary judgment was based on NRS 602.070, barring persons who fail to file a fictitious name certificate from suing on any contract or agreement made under the fictitious name. Nevada Supreme Court (the “Court”) reversed and remanded.

Summary Of Dancer V. Golden Coin, Ltd., 124 Nev. Adv. Op. No.2, Tyler Ure

Nevada Supreme Court Summaries

Appeal from Eighth Judicial District Court’s order dismissing claims and counterclaims in a labor law dispute.

Summary Of Lioce V. Cohen, 124 Nev. Adv. Op. No. 1, Nevada Law Journal

Nevada Supreme Court Summaries

This is an en banc rehearing of Lioce v. Cohen.1 This case involves the consolidated appeals of four district court orders, two granting new trials because of attorney misconduct and two denying new trials because of attorney misconduct.

Mandating Minimum Quality In Mass Arbitration, Jeffrey W. Stempel

Scholarly Works

The Supreme Court's decision in McMahon and its progeny has led many businesses and employers to embrace what was once deemed a localized, industry-specific practice. The "new" or "mass arbitration" only mildly resembles the traditional system employed by niches in industry for settling commercial matters among commercial actors. While the "old" system involved parties who were relatively equal in bargaining power and knowledge, these systems for mass arbitration lack a freely entered bargain and resemble more closely, contracts of adhesion. Privatized arbitration resolves issues of both statutory and substantive law, and there is a strong argument, given the inexperience of …

Introduction: Collaboration Good Or Bad: How Is It Working On The Colorado River?, Jean R. Sternlight

Scholarly Works

This is an introduction to articles submitted as part of the Saltman Center for Conflict Resolution’s Symposium, Collaboration and the Colorado River. The Symposium focused on the uses of collaboration to resolve environmental and natural resource disputes pertaining to the Colorado River.

This written version of the conference now builds upon the live event. We are most fortunate that many (unfortunately not all) of the speakers were able to contribute articles to comprise this written version of the Symposium. In their papers, presenters have expanded on their oral remarks and responded to points made by others during the conference.

Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen

Nevada Supreme Court Summaries

Appeal for writ of prohibition to determine if a district court can retain jurisdiction over disputes from a settlement agreement between parties, after the district court previously dismissed the case with prejudice.ve-flas

Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch

Nevada Supreme Court Summaries

This case is an appeal from a district court order, entered on remand, dismissing an inverse condemnation action. While the current appeal was pending, the Nevada Supreme Court decided an intervening case with substantively similar facts which changed Nevada law when analyzing airspace takings.

Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller

Nevada Supreme Court Summaries

This appeal clarifies the procedure and standard for judgment renewal, under NRS 17.214. The Nevada Supreme Court held that an individual must show timely filing of an affidavit, timely recording of the affidavit (if the judgment to be renewed was recorded), and timely service of the affidavit. Furthermore, the statutory language requires strict compliance.

Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu

Nevada Supreme Court Summaries

Appeal from judgment awarding $225,000 to Richardson Construction and order imposing sanctions upon Clark County School District (hereinafter “CCSD”).

Introduction: Dreaming About Arbitration Reform, Jean R. Sternlight

Nevada Law Journal

No abstract provided.

Parties' Power To Vary Standards For Review Of International Commercial Arbitration Awards, Richard E. Speidel

Nevada Law Journal

No abstract provided.

Extending Owbpa Notice And Consent Protections To Arbitration Agreements Involving Employees And Consumers, Christopher J. Kippley, Richard A. Bales

Nevada Law Journal

The Federal Arbitration Act (“FAA”) was created in 1925 to permit judicial enforcement of arbitration agreements covering commercial contract disputes between parties with roughly equal bargaining power. Today, however, the FAA is the legal authority for judicial enforcement of arbitration agreements covering not only contractual claims but also statutory claims, and not only of disputes between commercial entities but also disputes involving parties with grossly disparate bargaining power such as companies and employees/consumers. Moreover, the Supreme Court has interpreted the FAA as strongly favoring arbitration, and the Court has used preemption analysis to restrict the ability of states to regulate …

Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz

Nevada Law Journal

This Article is part of my larger project exploring what I call “contracting culture,” which borrows from legal realism and relational contract theory by considering contextual factors such as negotiators’ relations, understandings, and values. As part of this project, I am pursuing various threads, including empirical studies of how contracting realities impact arbitration. In this Article, however, I focus on how these realities in business to consumer contracts combine with the Federal Arbitration Act and formulaic contract law to foster dangerous deference to form arbitration provisions. The Article then invites procedural reforms and offers suggestions for regulations aimed to temper …

Measures To Encourage And Reward Post-Dispute Agreements To Arbitrate Employment Discrimination Claims, Michael Z. Green

Nevada Law Journal

No abstract provided.

In Defense Of Mandatory Binding Arbitration (If Imposed On The Company), Jean R. Sternlight

Nevada Law Journal

No abstract provided.

Arbitration Law's Separability Doctrine After Buckeye Check Cashing, Inc. V. Cardegna, Stephen J. Ware

Nevada Law Journal

No abstract provided.

Determining An Arbitrator's Jurisdiction: Timing And Finality In American Law, William W. Park

Nevada Law Journal

No abstract provided.

Federal Common Law And Arbitral Power, Alan Scott Rau

Nevada Law Journal

No abstract provided.

Revising The Faa To Permit Expanded Judicial Review Of Arbitration Awards, Sarah Rudolph Cole

Nevada Law Journal

No abstract provided.

Codifying Manifest Disregard, Christopher R. Drahozal

Nevada Law Journal

No abstract provided.

Keeping Arbitrations From Becoming Kangaroo Courts, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

Process Purity And Innovation: A Response To Professors Stempel, Cole, And Drahozal, Richard C. Reuben

Nevada Law Journal

No abstract provided.