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Articles 91 - 120 of 1013
Full-Text Articles in Dispute Resolution and Arbitration
Legislative Update, Wensdai Brooks, Connor Mcateer, Myca Sutton, Des'aire Taylor, Hannah Williams
Legislative Update, Wensdai Brooks, Connor Mcateer, Myca Sutton, Des'aire Taylor, Hannah Williams
Journal of Dispute Resolution
The Legislative Update exists to inform the reader of various state and federal laws passed during the 2021-2022 legislative sessions. More specifically, the statutes discussed below relate to alternative dispute resolution (“ADR”) in its many forms. This is an annual update compiled and written by the Journal of Dispute Resolution’s Associate Members and edited by the Associate Editor-in-Chief. This year represented a wide mix of laws passed—some related to health and safety in a post-pandemic world; others posed solutions to problems relevant before the COVID-19 pandemic. Usually, the Legislative Update is limited exclusively to state legislation. We decided to include …
Appendix A
Journal of Dispute Resolution
Appendix A for article Orienting Toward Party Choice
Home Run Or Strike Out: Can Baseball Arbitration Solve America’S Medical Debt Crisis?, Sarah Jolley
Home Run Or Strike Out: Can Baseball Arbitration Solve America’S Medical Debt Crisis?, Sarah Jolley
Journal of Dispute Resolution
In 2012, a New York woman named Claudia Knafo found herself in need of a complicated spinal surgery. She immediately began the long and arduous process of selecting a physician in her insurance network, even going so far as to interview prospective surgeons to confirm their in-network status. Claudia finally selected a well-regarded local surgeon, whose website verified his in-network status with her health insurance plan, after calling his office to confirm. Weeks after her successful spinal surgery, Claudia received notice that the doctor’s receptionist and website were incorrect—the surgeon was not actually in-network. Claudia’s health insurance plan provided $66,0000 …
Is Arbitration For Olympic Athletes Arbitrary?, Shelby Ehrmann
Is Arbitration For Olympic Athletes Arbitrary?, Shelby Ehrmann
Journal of Dispute Resolution
In December of 2021, Professional Russian Figure Skater Kamila Valieva completed a doping control test during a Russian National Figure Skating Championship. On February 7, 2022, a World Anti-Doping Agency (WADA) accredited laboratory detected the presence of a banned substance from Kamila’s December 2021 test. The Russian Anti-Doping Agency, (RUSADA) which is in charge of the application of WADA, first implemented a provisional suspension on Kamila, prohibiting her from competing in the 2022 Olympic Winter Games. The RUSADA’s Disciplinary Anti-Doping Committee (DADC) then moved to lift this provisional suspension. The International Olympic committee, the WADA and the International Skating Union …
Gig Workers: Walking A Tightrope Without A Safety Net, Joshua M. Javits, Matthew L. Luby
Gig Workers: Walking A Tightrope Without A Safety Net, Joshua M. Javits, Matthew L. Luby
Journal of Dispute Resolution
Annually every spring—until the COVID-19 pandemic which began in March 2020, professional sports teams turn to their own budding prospects. Rookie drafts garner media attention and propel the possibility of staggering salaries into the headlines. Undrafted free agents, for their part, begin searching for jobs. With a lesser celebrity profile, many American workers have themselves become free agents in an economy transformed by technology The static newspaper classified ads of the past have been joined by vast online platforms, such as TaskRabbit and Freelancer.com, that allow jobseekers to connect with individuals seeking a diverse range of services—from graphic design and …
Third Party Arbitration Funding And Islamic Shari’A: Friends Not Foes, Mohamed Sweify
Third Party Arbitration Funding And Islamic Shari’A: Friends Not Foes, Mohamed Sweify
Journal of Dispute Resolution
International arbitration exacts considerable monetary costs. In response, new mechanisms have emerged to eliminate the risks of these costs. One of these mechanisms is Third-Party Funding (TPF). Claimants may consider TPF where they cannot afford the costs of arbitration or to spread their risks and take the claim costs off their corporate balance sheets. It enables the poorly funded party to pursue its claim on an equal footing with the well-funded one. Recently, TPF has acquired great attention that made it a revolutionary development in the practice of international arbitration. The practice of TPF has moved from common law jurisdictions …
The Future Of Arbitration Law?, Kristen M. Blankley
The Future Of Arbitration Law?, Kristen M. Blankley
Journal of Dispute Resolution
This Article provides an in-depth statistical analysis of statutory interpretation of the Supreme Court’s arbitration docket. This paper follows my work in Standing on Its Own Shoulders: The Supreme Court’s Statutory Interpretation of the Federal Arbitration Act. By looking at how the Court interprets the Federal Arbitration Act (FAA), this paper makes predictions about how arbitration cases might be resolved in the future. This paper considers the reliance on and use of fourteen tools of statutory interpretation over the Court’s 52 cases and 114 separate opinions interpreting the FAA through the end of 2021. By considering four crucial sub-categories of …
Artificial Bias: The Ethical Concerns Of Ai-Driven Dispute Resolution In Family Matters, Wensdai Brooks
Artificial Bias: The Ethical Concerns Of Ai-Driven Dispute Resolution In Family Matters, Wensdai Brooks
Journal of Dispute Resolution
From the global positioning systems (GPS) that guide our morning commute to the more complex machine learning systems used to build Spotify’s curation algorithms, artificial intelligence (AI) has become a central part of the way that society functions efficiently. AI has become increasingly integrated into our daily lives, permeating consumer and corporate worlds alike. Despite a reputation for being slow to adopt new technology, the legal field has been particularly forward in embracing the use of AI to increase docket speeds, optimize case management, and fill gaps in access to justice. An impressive array of programs now exists, creating a …
Appraisal Of The Success Of The Instruments Of International Commercial Arbitration Vis-À-Vis International Commercial Litigations And Mediation In The Harmonization Of The Rules Of Transnational Commercial Dispute Resolution, Samuel Maireg Biresaw
Journal of Dispute Resolution
This article compares the major instruments of International Commercial Arbitration (hereinafter ‘ICA’) with the instruments of International Commercial Litigation and Mediation. By so doing, the article comparatively assesses the success of ICA, litigation, and mediation as alternative mechanisms of transnational commercial dispute resolution. Accordingly, the article argues that, while the ICA is not the only means of transnational commercial dispute resolution, it will continue to be the most successful means of dispute resolution, playing the dominant role in harmonizing the rules of transnational commercial dispute resolution. However, the article also argues that, over time, transnational commercial litigation and mediation are …
Adr Provisions To Inoculate The Vaccine Industry From Governmental Ip Takings, Mark Buck
Adr Provisions To Inoculate The Vaccine Industry From Governmental Ip Takings, Mark Buck
Journal of Dispute Resolution
It started with a cough. It continued with a fever. After several days of treatment with over-the-counter medications without improvement, it became clear that Victor Villarroel Saavedra, an unvaccinated but otherwise in good health Bolivian physician, had contracted COVID-19 in the summer of 2020. By this point, Victor’s options were limited: seek at-home care or go to the hospital. After a few days of in-home care with nasal canal oxygen and nursing/physician oversight, he was eventually transferred to a hospital where he passed within the week. This all could have been avoided with a simple jab in the otherwise healthy …
Not Quite “Justice For All”: How Provisions Of Victims’ Rights Legislation Can Harm Plea Negotiations, Hannah Williams
Not Quite “Justice For All”: How Provisions Of Victims’ Rights Legislation Can Harm Plea Negotiations, Hannah Williams
Journal of Dispute Resolution
Undoubtedly, the history of our criminal justice system has been unkind to victims of crime. This demographic, if acknowledged at all, would historically sit in our nation’s courtrooms and watch as the criminal justice system happened to them. Congress fundamentally altered the role of victims in 2015 when it enacted a statute granting victims a plethora of new rights. Victims suddenly could confer with the state’s attorney and rely on protections from the government against the accused. Interspersed within victims’ newfound rights is the right to be reasonably heard at any plea proceeding and the ability to reopen a plea …
The Influence Of Foreign Jurisprudence About International Commercial Arbitration In Latin American State Courts, Björn Arp
Journal of Dispute Resolution
International commercial arbitration has become regulated in an increasingly uniform manner through texts such as the UNCITRAL Model Law and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Despite the apparent uniformity, state courts still encounter instances of unclear and incomplete regulations of arbitration-related matters. This article focuses on the practice of courts in Latin America that interpret arbitration-related regulations and fill gaps with the help of a comparative jurisprudential analysis. The article reviews this jurisprudence to determine what impact, if any, landmark cases from France, Switzerland, the United Kingdom, the United States, and other …
Abuse Just Out Of Frame: The Impact Of Online Dispute Resolution On Domestic Violence, Haley Benson
Abuse Just Out Of Frame: The Impact Of Online Dispute Resolution On Domestic Violence, Haley Benson
Journal of Dispute Resolution
“This is a[n] issue we didn’t have when we had live court.” It was a chilling day for prosecutor Deborah Davis when she discovered a victim of domestic violence was in the same apartment as her abuser during a session of Zoom court. In this case, the survivor had done the hardest part; she had made the decision to prosecute her abuser. As court began, Davis saw that her client had a similar virtual background to the alleged abuser and noticed that her client was looking away from the camera while answering questions. This prompted Davis to request that police …
Charting A Middle Course For Court-Connected Mediation, John Lande
Charting A Middle Course For Court-Connected Mediation, John Lande
Journal of Dispute Resolution
Court-connected mediation programs have produced important benefits for parties, practitioners, courts, and society generally. These programs have helped lawyers settle tough cases and generally manage their workload while their clients retain the power to litigate if they cannot reach an acceptable agreement. Courts have created and enforced rules to protect the integrity of process so that parties’ time and money in mediation are well spent.
The Effects Of The Global Financial Crisis On Employment Arbitration: Evidence From The Securities Industry Discrimination Complaints, Aibak Hafeez
Journal of Dispute Resolution
This paper examines how the Global Financial Crisis (GFC) 2008-09 influenced the usage and outcomes of discrimination arbitration cases for employee plaintiffs in the securities industry. It casts light on whether arbitration is able to serve as an appropriate and preferable workplace dispute resolution system during a macroeconomic crisis when aggrieved employees are most vulnerable and financially powerless. Macroeconomic recessionary periods are characterized with an increase in employment discrimination claims. As the labor market becomes slack during an economic recession, it becomes easier for firms to indulge in discriminatory behavior. In such a scenario, employee-plaintiffs desire an inexpensive, faster, and …
Questions Of Arbitrability In The World: Comparing The Jurisprudence Of The United States And India, Henry Sivils
Questions Of Arbitrability In The World: Comparing The Jurisprudence Of The United States And India, Henry Sivils
Journal of Dispute Resolution
If a matter is not arbitrable, then it may not be arbitrated.2 Arbitrability, generally, refers to the authority that an arbitrator possesses to decide a matter.3 A challenge to that authority is considered a “question of arbitrability.”4 There are three types of questions of arbitrability: (1) substantive challenges that a dispute is not arbitrable under the terms of an arbitration clause; (2) the contention that, despite substantive arbitrability, procedural circumstances exist that prevent arbitration; and (3) “post-award attacks on an arbitrator’s decision.”5 Of those three, “whether a matter is arbitrable under a given arbitration clause” has had recent developments in …
State Legislative Update, Katey Peters, Caleb Rutledge, Tim Richard, Joel Smith
State Legislative Update, Katey Peters, Caleb Rutledge, Tim Richard, Joel Smith
Journal of Dispute Resolution
The State 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. This year’s State Legislative Update is especially important because the operations of state legislatures were altered due to the COVID-19 Pandemic.**
In Words Of The Pandemic, Arbitration Jurisprudence Needs A Ventilator, Bartholomew L. Mcleay
In Words Of The Pandemic, Arbitration Jurisprudence Needs A Ventilator, Bartholomew L. Mcleay
Journal of Dispute Resolution
The COVID-19 pandemic and arbitration share a few chronic symptoms. There are conflicting opinions about the standards for governing rulemaking, a debate on whether state policy or federal authority should control, and questions about the jurisdiction and neutrality of decisionmakers responsible for providing solutions. For those seeking review of an arbitration award today, like the current health environment, the situation is disconcerting. No herd immunity or PPE exists to protect challengers against the legal contagion spreading through the arbitration review process.
Preserving The Relationship: Addressing The Covid Eviction Crisis Through Equitable Mediation, Cade Jones
Preserving The Relationship: Addressing The Covid Eviction Crisis Through Equitable Mediation, Cade Jones
Journal of Dispute Resolution
Not only has the coronavirus pandemic (“COVID-19”) has taken many lives, another substantial side effect are that many Americans are at risk of eviction because of the current COVID-19 pandemic. Since the pandemic began, more than 20 million renters have suffered job loss because of COVID-19. One particular aspect of daily life the pandemic has impacted is landlord-tenant relationships because tenants cannot make rent payments to the landlord which then leads to a landlord filing for bankruptcy. With tenants not making rent payments due to job loss, it has produced a detriment with landlord-tenant relationships that could produce a ripple …
Restorative Justice: An Alternative Dispute Resolution Approach To Criminal Behavior, Kayla Welch
Restorative Justice: An Alternative Dispute Resolution Approach To Criminal Behavior, Kayla Welch
Journal of Dispute Resolution
Beginning with the end of the Mass Prison Era in the late 1800s, Americans have looked for a better way to respond to crime and those who commit it. Since the Reformatory Era, the United States has swayed between punitive models based on either the Reformatory or Retributive theories. Despite the changes we have made, our criminal justice system suffers from long waiting periods for a trial, overburdened public defenders, overcrowded jails and prisons that often lead to unsafe conditions for the inmates and corrections officers, and many other problems.
Digital Assets & License Protections In An Age That Denies Class Actions And Mandates Arbitration, Kevin Carr
Digital Assets & License Protections In An Age That Denies Class Actions And Mandates Arbitration, Kevin Carr
Journal of Dispute Resolution
The battle of star system B-R5RB is probably a conflict and place that you have never heard of, even though an estimated £300,000 worth of property damage and loss occurred due to an interstellar battle on July 27, 2014. Hundreds of competing rival ships were destroyed, with over 7,600 individuals taking part in one of the single largest property disputes of the 21st century. The conflict lasted approximately 21 hours and had ripple effects across an entire galaxy. If this sounds like fiction, I assure you, it is not. You have likely never heard of star system B-R5RB or the …