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Dispute Resolution and Arbitration Commons™
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Articles 181 - 210 of 1013
Full-Text Articles in Dispute Resolution and Arbitration
Designing And Implementing A State Court Odr System: From Disappointment To Celebration, David Allen Larson
Designing And Implementing A State Court Odr System: From Disappointment To Celebration, David Allen Larson
Journal of Dispute Resolution
State court systems rather suddenly are showing a tremendous interest in adopting court-integrated ODR systems. I have been involved with ODR system design for almost twenty years, and for the great majority of that time all the significant progress came from independent private sector alternative dispute resolution providers such as Modria (now part of Tyler Technologies Inc) and SmartSettle, or business-specific embedded systems like the one for eBay. Courts systems now are increasingly interested in ODR, which is significant because sustainability has been one of the greatest challenges for private independent ODR providers. The financial support that a judicial system …
Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule
Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule
Journal of Dispute Resolution
Smart contracts built in the blockchain are quietly revolutionizing traditional transactions despite their questionable status under current law. At the same time, disputes regarding smart contracts are inevitable, and parties will need means for dealing with smart contract issues. This Article tackles this challenge, and proposes that parties turn to online dispute resolution (“ODR”) to efficiently and fairly resolve smart contract disputes. Furthermore, the Article acknowledges the benefits and challenges of current blockchain ODR start-ups, and proposes specific ideas for how designers could address those challenges and incorporate ODR to provide just resolutions that will not stymie efficiencies of smart …
Mandatory Arbitration Clauses For Shareholders: An Efficient Solution Or An Unconscionable Change?, George Fowler
Mandatory Arbitration Clauses For Shareholders: An Efficient Solution Or An Unconscionable Change?, George Fowler
Journal of Dispute Resolution
While speaking before the Heritage Foundation in the summer of 2017, Michael Piwowar, Commissioner of the SEC, sparked controversy when he mentioned that companies undertaking IPOs may have an option to include mandatory shareholder arbitration provisions. Following this statement, he went as far as suggesting that companies that have considered undertaking IPOs should “come to us to ask for relief to put in mandatory arbitration into their charters.” This “relief” refers to “the SEC … revers[ing] its position that arbitration violates the Securities and Exchange Act of 1934, bringing the commission back in line with current Supreme Court precedent.” While …
Teaching Democracy Through Practice: Collaborative Governance On Campus, Lisa Blomgren Amsler, Elise Boruvka
Teaching Democracy Through Practice: Collaborative Governance On Campus, Lisa Blomgren Amsler, Elise Boruvka
Journal of Dispute Resolution
No abstract provided.
Federal Common Law Versus Agency Power: An Essay On Epic Systems Corporation V. Lewis, Daniel T. Deacon
Federal Common Law Versus Agency Power: An Essay On Epic Systems Corporation V. Lewis, Daniel T. Deacon
Journal of Dispute Resolution
No abstract provided.
Vade Mecum: Mediators And Disputes Involving Insurance, Robert H. Jerry Ii
Vade Mecum: Mediators And Disputes Involving Insurance, Robert H. Jerry Ii
Journal of Dispute Resolution
No abstract provided.
Introduction To An Epic Trilogy: Implications For Class Arbitration, Regulatory Administration, And Labor Law In Epic Systems Corp. V. Lewis, Robert L. Temple
Introduction To An Epic Trilogy: Implications For Class Arbitration, Regulatory Administration, And Labor Law In Epic Systems Corp. V. Lewis, Robert L. Temple
Journal of Dispute Resolution
No abstract provided.
Reducing The Impact Of Racial Discrimination In Policing, Brittain Mcclurg
Reducing The Impact Of Racial Discrimination In Policing, Brittain Mcclurg
Journal of Dispute Resolution
No abstract provided.
The Role Of Lawyers In Removing Economic Activity From State Supervision, W. Mark C. Weidemaier
The Role Of Lawyers In Removing Economic Activity From State Supervision, W. Mark C. Weidemaier
Journal of Dispute Resolution
No abstract provided.
Private Ordering And Commercial Arbitration: Lasting Lessons From Mentschikoff, Stephen J. Ware
Private Ordering And Commercial Arbitration: Lasting Lessons From Mentschikoff, Stephen J. Ware
Journal of Dispute Resolution
No abstract provided.
All Balls And No Strikes: The Roberts Court’S Anti-Worker Activism, Maria Glover
All Balls And No Strikes: The Roberts Court’S Anti-Worker Activism, Maria Glover
Journal of Dispute Resolution
No abstract provided.
Arbitration And Diplomacy In The South China Sea: Forging A Solution, Andrew Johnson
Arbitration And Diplomacy In The South China Sea: Forging A Solution, Andrew Johnson
Journal of Dispute Resolution
No abstract provided.
The Regressive Effect Of Legal Uncertainty, Uri Weiss
The Regressive Effect Of Legal Uncertainty, Uri Weiss
Journal of Dispute Resolution
No abstract provided.
Apartheid And Jim Crow: Drawing Lessons From South Africa’S Truth And Reconciliation, Benjamin Zinkel
Apartheid And Jim Crow: Drawing Lessons From South Africa’S Truth And Reconciliation, Benjamin Zinkel
Journal of Dispute Resolution
No abstract provided.
The Impact Of Epic Systems In The Labor And Employment Context, Lisa Gelernter
The Impact Of Epic Systems In The Labor And Employment Context, Lisa Gelernter
Journal of Dispute Resolution
No abstract provided.
State Legislative Update, Ryan Blansett, Ashlyn Calhoun, Catherine Picht, Grant Simon
State Legislative Update, Ryan Blansett, Ashlyn Calhoun, Catherine Picht, Grant Simon
Journal of Dispute Resolution
No abstract provided.
The Jury Is Out: Mandating Pre-Treatment Arbitration Clauses In Patient Intake Contracts, Sarah Sachs
The Jury Is Out: Mandating Pre-Treatment Arbitration Clauses In Patient Intake Contracts, Sarah Sachs
Journal of Dispute Resolution
This Comment advocates against the use of mandatory arbitration clauses in healthcare providers’ patient intake contracts and discusses the interplay between federal and state statutes that create disparities in enforceability and unenforceability of mandatory arbitration clauses in state courts. Part II discusses the history of mandatory arbitration and its development in healthcare providers’ patient intake contracts. Part III examines state statutory limitations on pre-treatment arbitration clauses. Finally, Part IV addresses how courts analyze these agreements and possible approaches to avoid mandatory arbitration arising in healthcare providers’ patient intake contracts.
Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff
Resolving Conflict On Campus: A Case Study On Free Speech And Controversial Speakers, Benson Clayton T., J. Huff
Journal of Dispute Resolution
By their very charge, institutions of higher education are intended to serve as venues for exploring personal ideologies, promoting intellectual curiosity, and en-couraging vigorous debate about contested issues. However, when an institution and its core values come into direct conflict with viewpoints that are fundamentally inconsistent with those values, the dissonance created by the clash of perspectives can be profound. Fundamental differences in perspective on highly charged issues and topics have become recurring themes for universities in the United States. From campus speakers, to speaker protests, to demonstrations in support of free speech and a range of other inclusion and …
The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells
The First Amendment, The University And Conflict: An Introduction To The Symposium, Christina E. Wells
Journal of Dispute Resolution
This Symposium addresses our continuing issues with campus speech conflicts. It aims to help us recognize that speech conflicts are not abstract disputes between ideas – Justice Holmes’s famous rhetoric notwithstanding. Rather our words and ideas represent underlying conflicts between very real people and groups. The speech we use may cause, exacerbate, or resolve conflicts. Sometimes the Supreme Court’s free speech doctrine can aid our understanding and resolution of these conflicts. Other times it cannot. Regardless, simply relying on a First Amendment frame – i.e., claiming that it is one’s right to express oneself in a par-ticular way – may …
Beyond The Narratives: How Free Speech In Higher Education Is Truly Restricted, Azhar Majeed
Beyond The Narratives: How Free Speech In Higher Education Is Truly Restricted, Azhar Majeed
Journal of Dispute Resolution
Over the past year, much of the national conversation surrounding freedom of speech on college campuses has focused on controversial speakers, including those invited by students or student groups as well as those appearing on campus without an invitation. The debate continues to rage on as to whether university communities should allow allegedly offensive speakers to come to campus and spew their hateful views; whether universities have an obligation to foot the bill for the security they deem necessary to host such an event; and whether disruptions of speaker events are indicative of decreased tolerance on the part of today’s …
Free Speech Conflict: What We Learned At Middlebury College, Baishakhi Taylor
Free Speech Conflict: What We Learned At Middlebury College, Baishakhi Taylor
Journal of Dispute Resolution
On February 16, Middlebury’s President, Dr. Laurie L. Patton, received an invitation from a student group called the American Enterprise Institute Club (AEI) to give opening remarks at a lecture by a speaker they had invited to campus. The Club was Middlebury’s student chapter of the AEI,8 a conservative think-tank based in Washington, D.C., which has student clubs all across the coun-try. The speaker was Dr. Charles Murray, an American political scientist who is now an AEI emeritus scholar. This was not Dr. Murray’s first visit to the College. He had previously visited the campus for a lecture in 2007, …
The Centrality Of Ongoing Relationships, Jacob Appelsmith
The Centrality Of Ongoing Relationships, Jacob Appelsmith
Journal of Dispute Resolution
Should anyone feel positive after a day of discussing the First Amendment in the context of threats to American universities and colleges from Nazis, white su-premacists, anarchists, and others using the campus as the staging ground for disruption and violence? Yes, because it was clear from the Center for the Study of Dispute Resolution’s (“CSDR”) Symposium, at the University of Missouri School of Law, that the evolution in thought over the past year on how institutions of higher education should handle these challenges is truly remarkable. The speakers as a body demonstrated that if an institution is thoughtful in its …
Generating A Dissolution Process At The University Of Missouri: A Student Perspective, Evonnia S. Woods
Generating A Dissolution Process At The University Of Missouri: A Student Perspective, Evonnia S. Woods
Journal of Dispute Resolution
Although student protests and campus politics during the Fall of 2015 on the University of Missouri’s flagship campus were far more complex than depicted in the media, the point remains that student protests revealed many shortcomings of the University. One of these shortcomings was the lack of a policy-driven dissolution process which, amongst other things, resulted in national critique of how student protests and student demands were handled.