Dispute Resolution and Arbitration Commons^™

Agenda: Outdoor Recreation: Promise And Peril In The New West, University Of Colorado Boulder. Natural Resources Law Center, Colorado. Bureau Of Land Management

Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)

Co-sponsored by the Natural Resources Law Center and the Colorado Bureau of Land Management.

The conference will explore several components of the “promise and peril” of the ongoing outdoor recreation explosion. The conference will begin on the morning of June 8 with a series of introductory presentations designed to place the outdoor recreation movement in a useful historical and socioeconomic context. This material will be followed in the afternoon session by a discussion of environmental impacts of outdoor recreation, recognizing that the diversity and magnitude of impacts is as broad as the industry itself. This discussion will be followed on …

Specific Performance: Exploring The Roots Of 'Settled Practice', Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

The recent House of Lords decision in Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd' is destined to become a landmark in the law relating to specific performance.

Failing Faith In Litigation? A Survey Of Business Lawyers' And Executives' Opinions, John M. Lande

Faculty Publications

To provide a more systematic assessment of contemporary faith in litigation, this article looks at a particular context-- business litigation--and analyzes the opinions of three groups of respondents: lawyers in private law firms who do commercial litigation (“outside counsel”), lawyers employed in business firms who do some litigation (“inside counsel”), and nonlawyer executives in business firms (“executives”). These groups have the greatest exposure to litigation in the corporate setting; furthermore, because they play powerful roles in our political, economic, and social life as well as the legal system, their opinions influence public opinion more generally.

Introduction: Current Issues In Arbitration, Shannon E. Pinkston

Vanderbilt Law Review

"[An incompetent attorney can delay a case for years, while a competent attorney can delay it for even longer."'

This oft-repeated joke illustrates the public perception of the delays and expense that accompany courtroom litigation. Indeed, growing frustration with crowded courts and exorbitant legal costs fuels the widespread Alternative Dispute Resolution ("ADR") movement. Notwithstanding the dramatic increase in its use, ADR, defined as "procedures for settling disputes by means other than litigation," is not a novel idea. In fact, ADR was present in America as early as the seventeenth century. In certain parts of colonial America, voluntary arbitration was a …

A "Party Satisfaction" Perspective On A Comprehensive Mediation Statute, Chris Guthrie, James Levine

Vanderbilt Law School Faculty Publications

During the past fifteen years, the alternative dispute resolution movement has greatly altered the legal landscape. Courts, legislatures and administrative agencies have enacted more than 2000 laws dealing with mediation and other dispute resolution processes. The National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Bar Association Section of Dispute Resolution have recently formed a unique partnership to assess whether a model or uniform mediation statute might remedy some of the problems caused by the current patchwork of often confusing and conflicting mediation laws. The task of drafting a comprehensive mediation statute poses many challenges. The drafters …

De Re And De Dicto, Robert E. Rodes

Journal Articles

Statements involving knowledge, intent, and the like may often be interpreted either de re (about a thing) or de dicto (about a statement). For instance, A knowingly took B's car can mean either A knowingly took a car that turned out to be B's, the de re interpretation, or A knowingly caused it to be the case that he took B's car, the de dicto interpretation. This paper takes up twelve cases whose outcome depends on which interpretation one gives to a governing principle. It suggests that since the two alternative interpretations are equally supported by the applicable language policy …

Nsu Launches A Distance Doctoral Program In Dispute Resolution October 1998, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

Graduate Student Review June 1998 Vol.1, No. 1, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

Sovereignty And Delegation Issues Regarding U.S. Commitment To The World Trade Organization's Dispute Settlement Process, Mari Presley

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Cchlp: Original Public Interface, Eastern Illinois University Department Of History

Coles County Legal History

The Coles County Legal History Project (CCLHP) was began as a grant-supported project in 1999. The database covers civil and criminal cases from 1830 to 1906. The records were originally in a postgres database with a two tables. The public interface was written in Perl. The interface and data were served by Solaris hardware. The Cases table contains 1602 records, the Parties table contains 4487 records. The Solaris system was retired in 2009 and the database was transferred to Booth Library.

Cclhp: Parties As Csv, Newton Key, Mark Voss-Hubbard, Michael Kroll, Chris Waldrep

Coles County Legal History

Fields included: Record Number case_number Actor (P D W or J) Last Name First Name Sex Occupation Literate Location Additional Information Marked Last Modified

Cclhp: Case Types As Csv, Newton Key, Mark Voss-Hubbard, Michael Kroll, Chris Waldrep

Coles County Legal History

Single column, controlled vocabulary for case types

Cclhp: Cases As Csv, Newton Key, Mark Voss-Hubbard, Chris Waldrep, Michael Kroll

Coles County Legal History

Fields included: case_number Incident Date File Date Settlement Date Location Case Type Dollar Amount Issue Outcome Ancillary Matters Memo Transcribed Additional Information Marked Last Modified

Integrating Alternative Dispute Resolution Into The Bankruptcy Curriculum, Peter C. Alexander, Peter N. Kutulakis, Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.

The Protection Of International Investment At The Start Of The Twenty-First Century: Will Anachronistic Notions Of Business Render Irrelevant The Oecd's Multilateral Agreement On Investment, 31 J. Marshall L. Rev. 1201 (1998), Michael P. Avramovich

UIC Law Review

No abstract provided.

Involuntary Sale: Banishing An Owner From The Condominium Community, 31 J. Marshall L. Rev. 429 (1998), Michael C. Kim

UIC Law Review

No abstract provided.

Choppy Waters, Richard C. Reuben, Nancy H. Rogers

Faculty Publications

The movement toward a uniform standard for confidentiality in mediation among the states is one that from the outset casts off into choppy waters, marked by pitching cross-currents of remarkable force.

Preliminary Injunction Of Arbitration Proceedings - Six Clinics Holding Corporation, Ii V. Cafcomp Systems, Inc., Heidi Albers

Journal of Dispute Resolution

The issue presented in Six Clinics Holding Corporation, I v. Cafcomp Systems, Inc., is whether a court is prohibited from issuing a preliminary injunction in a case subject to arbitration.' The parties had a private agreement to arbitrate any disputes, but the court enjoined the arbitration in order to determine a federal issue outside the arbitrator's jurisdiction The defendant argued that the Anti-Injunction Act, which prohibits federal courts from enjoining state court proceedings, was violated.4 However, the court found a loophole by stating that a private arbitration is not a state proceeding and thus is not governed by the Act.5 …

Protecting Against Employment Discrimination: The Ninth Circuit's Interpretation Of Mandatory Arbitration Of Title Vii Claims - Renteria V. Prudential Ins. Co. Of America, Todd C. Stanton

Journal of Dispute Resolution

The growing trend toward reliance upon arbitration, rather than judicial adjudication, has resulted in a reformation regarding the resolution of disputes within the employment industry. It has become a standard practice of many employers to require that employees sign employment agreements before they are allowed to work. Recently, these types of agreements have begun to require that employees resolve any disputes or claims against their employers through arbitration rather than judicial adjudication. Unfortunately, the average employee is often unaware of the binding nature of these agreements until a dispute actually arises with his or her employer. The Ninth Circuit has …

The Badinter Commission: The Use And Misuse Of The International Court Of Justice's Jurisprudence, Michla Pomerance

Michigan Journal of International Law

It has long been the dream of those anxious to increase the role of adjudication in international relations that the International Court of Justice ("ICJ," "International Court," or "the Court") would act in the international arena as a superior court-a forum whose pronouncements would nourish, sustain, and help unify the jurisprudence of other international tribunals, whether of an ad hoc or standing nature, and of national courts handling international law issues. In the context of self-determination, the Arbitration Commission of the European Community's Conference for Peace in Yugoslavia ("the Badinter Commission," "the Commission," or "the Arbitration Commission") would appear, at …

Confidentiality In Mediation, Jaime Alison Lee, Carl Giesler

All Faculty Scholarship

As mediation has become a more widely practiced method of dispute resolution, many jurisdictions have enacted rules forbidding participants to divulge information discussed during the mediation. Two recent cases, Paranzino v. Barnett Bank and Bernard v. Galen Group, are among the first to deal with the enforcement of such rules by judicial sanction. In both cases, participants in judicially required mediations were severely sanctioned for breaching confidentiality in violation of mediation rules and/or court orders.

Application Of The Public Policy Exception For The Enforcement Of Arbitral Awards: There Is No Place Like The Home In Saint Mary Home, Inc. V. Service Employees International Union, District 1199, Scott Barbakoff

Villanova Law Review (1956 - )

No abstract provided.

Symposium, The Florida Tobacco Litigation -- Fact, Law, Policy, And Significance, Jeffrey W. Stempel

Scholarly Works

This is the transcript of the Florida tobacco litigation symposium, discussing the s$11.3 billion settlement concerning tobacco in the state of Florida. Jeffrey W. Stempel served as co-chair and moderator of the symposium.

Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel

Scholarly Works

Many scholars of the dispute resolution system perceive a sea change in attitudes toward adjudication that took place in the mid-1970s. Among the events of the time included the Pound Conference, which put the Chief Justice of the United States and the national judicial establishment on record in favor of at least some refinement, if not restriction, on access to courts. In addition, Chief Justice Burger, the driving force behind the Pound Conference, also used his bully pulpit as Chief Justice of the Supreme Court to promote ADR, particularly court-annexed arbitration. The availability of judicial adjuncts such as court-annexed arbitration …

A More Complete Look At Complexity, Jeffrey W. Stempel

Scholarly Works

The ability of courts to successfully resolve complex cases has been a matter of contentious debate, not only for the last quarter-century, but for most of the twentieth century. This debate has been part of the legal landscape at least since Judge Jerome Frank's polemic book from which this Symposium derives its title, and probably since Roscoe Pound's famous address to the American Bar Association. During the 1980s and 1990s in particular, the battlelines of the pro-and anti-court debate have been brightly drawn. Some commentators, most reliably successful plaintiffs' counsel and politically liberal academics, defend the judicial track record in …

Mandatory Pre-Dispute Arbitration: Steps Need To Be Taken To Prevent Unfairness To Employees And Consumers, Jean R. Sternlight

Scholarly Works

Courts, arbitral organizations and governmental agencies are increasingly recognizing that mandatory binding arbitration can be used both to disadvantage employees and consumers, and to evade legal requirements. Over the last decade, private parties such as employers, manufacturers and financial organizations began using binding arbitration agreements to skirt the public law, and public juries, with increasing intensity. As so often happens, overreaching may once again be giving way to retrenchment, as the tide seems to be turning away from the “anything goes” approach of the earlier 1990s.

Transcript Of The Florida Tobacco Litigation Symposium - Fact, Law, Policy And Significance, Jeffrey W. Stempel, Jean R. Sternlight

Scholarly Works

On November 17, 1997, Professors Jeffrey W. Stempel and Jean R. Sternlight joined a group of colleagues specializing in litigation at the Florida State University College of Law Review's Symposium on the tobacco litigation settlement reached between the State of Florida and five leading tobacco manufacturers that same year. The professors appeared on a panel to discuss the the relationship among the legal system, public health concerns, and tobacco. This is a transcript of those preceedings.

Forum Shopping For Arbitration Decisions: Federal Courts' Use Of Antisuit Injunctions Against State Courts, Jean R. Sternlight

Scholarly Works

Arbitration clauses, which are supposed to do away with litigation, have ironically spawned many complicated and expensive court fights. Some of the most complex cases involve both forum shopping by the parties and jurisdictional turf battles between federal and state courts. Federal courts have, on quite a few occasions, actually gone so far as to enjoin a state court from continuing to consider a pending case because the federal court concluded that the matter ought to be arbitrated. The Supreme Court, however, has never ruled on whether or when such "arbitral antisuit injunctions" are permissible. In Moses H. Cone Memorial …

Integrating Alternative Dispute Resolution (Adr) Into The Curriculum At The University Of Washington School Of Law: A Report And Reflections, Lea B. Vaughn

Articles

The essay is framed in two basic parts. In the first part, it describes the program of integration that was undertaken at the University of Washington during the 1995-1997 period of the Fund for the Improvement of Post-Secondary Education (FIPSE) grant. After describing the context in which these curricular changes were made, it describes the changes in years one and two of the grant program. Additional changes that have occurred subsequent to the final grant report in October 1997 also will be summarized. One of the lessons that emerges from our experience is that change will be an incremental, long …

Mandatory Arbitration Of Employee Discrimination Claims: Unmitigated Evil Or Blessing In Disguise?, Theodore J. St. Antoine

Articles

One of the hottest current issues in employment law is the use of mandatory arbitration to resolve workplace disputes. Typically, an employer will make it a condition of employment that employees must agree to arbitrate any claims arising out of the job, including claims based on statutory rights against discrimination, instead of going to court. On the face of it, this is a brazen affront to public policy. Citizens are being deprived of the forum provided them by law. And indeed numerous scholars and public and private bodies have condemned the use of mandatory arbitration. Yet the insight of that …