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Dispute Resolution and Arbitration Commons™

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2012

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Articles 331 - 360 of 484

Full-Text Articles in Dispute Resolution and Arbitration

Foreword , Steve Zikman Feb 2012

Foreword , Steve Zikman

Pepperdine Dispute Resolution Law Journal

Taking It Upstream: Collaboration, Consensus Building & Sustainable Development-A Green Leadership (Un)conference was held at Pepperdine University's Graziadio Conference Center on September 25, 2009. In the spirit of collaboration, the symposium marked the first event jointly sponsored by the Straus Institute for Dispute Resolution and the Geoffrey H. Palmer Center for Entrepreneurship & the Law. The two journals have created special symposium editions comprised of papers authored by a number of the panelists, reflecting important trends in the evolution of conflict management and dispute resolution in the areas of multi-party environmental, land use, and public policy matters.

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Conference Bibliography: Democracy And The Workplace, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Feb 2012

Conference Bibliography: Democracy And The Workplace, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Lectures & Talks

A selected bibliography was prepared in connection with the Saltman Center Labor Law Symposium 2012: Democracy and the Workplace held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on February 23-25, 2012.

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Teaching The Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, A Defining Features Matrix, Games, And An Exercise Based On Grievances Filed Against Florida Mediators , Paula M. Young Feb 2012

Teaching The Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, A Defining Features Matrix, Games, And An Exercise Based On Grievances Filed Against Florida Mediators , Paula M. Young

Pepperdine Dispute Resolution Law Journal

Teaching Professional Ethics to Lawyers and Mediators Using Active Learning Techniques will serve as the first article in a series of articles I have planned on the use of active learning techniques to teach the core values of mediation: mediator impartiality, party self-determination, confidentiality, and quality of the process/mediator competence. This article is the second article in that series. In Section III, I summarize the first article in the series. In Section IV, I describe the role of mediator impartiality as a core value of the mediation field. I evaluate the definitions of mediation found in several ethics codes as …

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Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales Feb 2012

Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales

Pepperdine Dispute Resolution Law Journal

This article first argues that to determine the enforceability of a class action waiver, courts should take a "totality of the circumstances" approach rather than adopting a bright-line rule. A set of defined factors that also allows courts to consider real-world issues facing litigants will provide a substantial framework for courts to interpret this area of the law and will lead to more consistent and well-reasoned outcomes in the future. These factors include: the probable size of each class member's individual recovery, the potential for retaliation against class members, the awareness of potential class members that their rights have been …

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The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams Feb 2012

The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams

Pepperdine Dispute Resolution Law Journal

This article examines Jones v. Halliburton Co., the "Al Franken Amendment" to the 2010 U.S. Defense Department Budget (Franken Amendment) that was created in response to Jones, and the impact that both could have on mandatory arbitration clauses in employment contracts in the future. Part II recounts the troubling events that led to Jones and the inclusion of the Franken Amendment in the 2010 Defense Department Budget. Part III details the arguments made for and against the inclusion of the Franken Amendment. Part IV analyzes the impact that the Franken Amendment could have on mandatory arbitration clauses in contacts in …

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Collaborative Practice's Radical Possibilities For The Legal Profession:"[Two Lawyers And Two Clients] For The Situation" , Robert F. Cochran Jr. Feb 2012

Collaborative Practice's Radical Possibilities For The Legal Profession:"[Two Lawyers And Two Clients] For The Situation" , Robert F. Cochran Jr.

Pepperdine Dispute Resolution Law Journal

This article will consider the two dramatic changes that collaborative practice [CP] brings to law practice: a change in the mental attitude of lawyers and clients toward the conflict and a change in lawyers' counseling techniques. Part II defines CP and compares it to traditional negotiation-pending-litigation. Part III considers the change in attorney and client mental attitudes wrought by CP, where both lawyers and clients take responsibility for identifying a resolution that will meet the needs of all of the parties. Part IV considers the type of client-counseling that is often generated by CP-lawyers in CP may strongly encourage clients …

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Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy Feb 2012

Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy

Pepperdine Dispute Resolution Law Journal

In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …

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Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level , Shala Ali, Williams E. Davis, Joanna Lee Feb 2012

Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level , Shala Ali, Williams E. Davis, Joanna Lee

Pepperdine Dispute Resolution Law Journal

Systems of multi-stakeholder dispute resolution are increasingly recognized as objectives of good governance by international organizations such as the United Nations Development Program (UNDP). Such objectives arise out of insights based on the dynamics of social capital that community based initiatives cannot succeed where trust is absent and mechanisms for collective decision-making do not exist. Yet localized decision-making can take many forms-whether distributional, competitive, or collaborative. This paper will examine, in particular, the impact of collaborative systems of decision-making on building social capital through access to justice in local communities. It will do this through examining participant feedback, meeting minutes, …

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Milwaukee Brewers Arbitration Hearings Chart, Edmund P. Edmonds Feb 2012

Milwaukee Brewers Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.

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Brewers Players Arbitration Results, Edmund P. Edmonds Feb 2012

Brewers Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

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Foreclosure By Arbitration?, R. Wilson Freyermuth Feb 2012

Foreclosure By Arbitration?, R. Wilson Freyermuth

Pepperdine Law Review

No abstract provided.

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Mlb Minimum And Average Salaries 1967-2012, Edmund P. Edmonds Feb 2012

Mlb Minimum And Average Salaries 1967-2012, Edmund P. Edmonds

Minimum and Average Salaries

No abstract provided.

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A "Lawyer For All Seasons": The Lawyer As Conflict Manager, Michael T. Colatrella Jr. Feb 2012

A "Lawyer For All Seasons": The Lawyer As Conflict Manager, Michael T. Colatrella Jr.

San Diego Law Review

This interdisciplinary Article explores why interpersonal conflict management principles and skills are essential to good lawyering and, thus, why law schools should teach these principles and skills to all their students. In demonstrating the immense practical value an understanding of interpersonal conflict management principles and skills have in the practice of law, this Article examines case studies involving organizations that have dramatically reduced legal costs, among other benefits, by abandoning a solely legalistic approach to conflict and embracing conflict management principles. The lessons learned from these studies and the interpersonal conflict management principles that underlie them support the idea that …

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From Adr To Odr: Can Technology Shape The Future Of Mediation Practice?, Nadja Alexander Feb 2012

From Adr To Odr: Can Technology Shape The Future Of Mediation Practice?, Nadja Alexander

Research Collection Yong Pung How School Of Law

Imagine an e-mediator who can reframe parties’ feelings and overall mood based on their speech patterns as they talk into an ODR program. Imagine recreating the real-life intensity of emotional and social connections through an avatar in an online mediation setting. Imagine anonymous brainstorming, secret meetings in e-rooms and having access to a web-based intelligent agent to advise parties on walkaway alternatives and interest-based trade-offs. No, this is not a science-fiction film—it is ODR technology, the mediation world biggest kept secret.

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Some Too (Or Blessedly) Short Responses To Five Thoughtful Readers, Sanford Levinson Jan 2012

Some Too (Or Blessedly) Short Responses To Five Thoughtful Readers, Sanford Levinson

Pepperdine Law Review

No abstract provided.

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Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg Jan 2012

Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg

Pepperdine Law Review

No abstract provided.

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The Variable Morality Of Constitutional (And Other) Compromises: A Comment On Sanford Levinson's Compromise And Constitutionalism, Carrie Menkel-Meadow Jan 2012

The Variable Morality Of Constitutional (And Other) Compromises: A Comment On Sanford Levinson's Compromise And Constitutionalism, Carrie Menkel-Meadow

Pepperdine Law Review

This comment to Sanford Levinson's Brandeis lecture at Pepperdine focuses on the role and types of compromises made during several stages of constitutional processes, formative and constitutive, interpretive and on-going, as negotiated by Constitutional meaning makers (drafters and Supreme Court 'deciders'), and post hoc justifications. This essay discusses recent work on compromise as institutional design, pragmatic or principled, and regime defining and sustaining. Both the pejorative (compromise is unprincipled) and more positive (compromise accounts for the 'reality' and moral existence of different sides of an issue or polity) understandings of compromise are reviewed, in light of Professor Levinson's scholarship on …

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Lessons From Lincoln: A Comment On Levinson, Steven D. Smith Jan 2012

Lessons From Lincoln: A Comment On Levinson, Steven D. Smith

Pepperdine Law Review

No abstract provided.

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Compromise And Constitutionalism, Sanford Levinson Jan 2012

Compromise And Constitutionalism, Sanford Levinson

Pepperdine Law Review

Professor Levinson explores compromises (1) that went into the making of the United States Constitution, and (2) that have occurred in the Supreme Court's constitutional interpretation. He explores these compromises in light of Israeli philosopher Avishai Margalit's distinction between bad compromises and rotten compromises. "Rotten compromises" are indefensible except, perhaps, in the most exceptional of conditions. A "rotten political compromise" is one that agrees "to establish or maintain an inhuman regime, a regime of cruelty and humiliation, that is, a regime that does not treat humans as humans." Under this standard, Levinson identifies as rotten compromises the Constitution's protection of …

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The Cost Of Compromise And The Covenant With Death, Paul Finkelman Jan 2012

The Cost Of Compromise And The Covenant With Death, Paul Finkelman

Pepperdine Law Review

This article is a rebuttal to the writings of those advocating the view that America was formed through compromise and that compromise in modern constitutional law is, therefore, necessary and beneficial. A recount of the “compromises” at the Constitutional Conventional that eventually led to the approval and protection of slavery begins the analysis establishing the danger of Americans compromising over constitutional protections. The article continues on, discussing the Compromise of 1850 and its drafters whom others have considered “passionately devoted to the Union”, like John Calhoun, who would later assert that the Constitution was expendable. The Compromise of 1850 did …

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Introduction: Blessed Are The Compromisers?, Robert F. Cochran Jr. Jan 2012

Introduction: Blessed Are The Compromisers?, Robert F. Cochran Jr.

Pepperdine Law Review

No abstract provided.

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Manifest' Destiny: The Fate Of The 'Manifest Disregard Of The Law' Doctrine After Hall Street V. Mattel, Karly A. Kauf Jan 2012

Manifest' Destiny: The Fate Of The 'Manifest Disregard Of The Law' Doctrine After Hall Street V. Mattel, Karly A. Kauf

The Journal of Business, Entrepreneurship & the Law

The Federal Arbitration Act was enacted in 1925 in reaction to widespread judicial resistance to arbitration. While it is difficult to imagine that the drafters of this legislation could have envisioned how prominent arbitration would become in the United States, it is clear that their intention was to ensure that contracts to arbitrate would be enforced and that the intent of the parties would be maintained. In the more than eighty years since the passage of the Act, courts have repeatedly been called on to interpret the Act in order to determine its effect on real world situations. Recently, the …

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Class-Less? An Analysis Of The California Supreme Court's Denial Of Employers' Right To Use Class Arbitration Waivers In Employment Agreements In Gentry V. Superior Court, Michael B. Cooper Jan 2012

Class-Less? An Analysis Of The California Supreme Court's Denial Of Employers' Right To Use Class Arbitration Waivers In Employment Agreements In Gentry V. Superior Court, Michael B. Cooper

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

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Arbitration Of Investors' Claims Against Issuers: An Idea Whose Time Has Come, Barbara Black Jan 2012

Arbitration Of Investors' Claims Against Issuers: An Idea Whose Time Has Come, Barbara Black

Faculty Articles and Other Publications

Ever since the U.S. Supreme Court held that arbitration provisions contained in brokerage customers’ agreements were enforceable with respect to federal securities claims, proposals have been floated to include in an issuer’s governance documents a provision that would require arbitration of investors’ claims against the issuer. To date, however, publicly traded domestic issuers and their counsel have not seriously pursued these proposals, probably because of several legal obstacles to implementation. In addition to these legal obstacles, publicly traded issuers may not have perceived significant advantages to arbitration. Recent legal developments, however, make inclusion of an arbitration provision in a publicly …

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Happiness At The House Of Mouse: How Disney Negotiates To Create The "Happiest Place On Earth", Lauren A. Newell Jan 2012

Happiness At The House Of Mouse: How Disney Negotiates To Create The "Happiest Place On Earth", Lauren A. Newell

Law Faculty Scholarship

Poets rhapsodize about it, the Beatles sing about it, philosophers debate it, psychologists study it, and chocolate induces it. Disney, on the other hand, claims title to it: happiness. This Article examines, in the context of Roger Fisher and Daniel Shapiro's "Core Concerns" framework and general negotiation theory, the degree to which The Walt Disney Company creates happiness for those at the Walt Disney World Resort, particularly Walt Disney World's guests and cast members. It begins with a brief discussion of happiness and of negotiation theory. This Article next examines how Disney creates at Walt Disney World a negotiating environment …

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Bargaining Without Law, Robert J. Condlin Jan 2012

Bargaining Without Law, Robert J. Condlin

Faculty Scholarship

Like a professional athlete on growth hormones, legal bargaining scholarship has transformed itself over the years. Once an amateurish assortment of war stories and folk tales, now it is a hulking behemoth of social science surveys and studies. There is a lot to like in this transformation. Much of the new writing is insightful, sophisticated, and spirited, with things to tell even the most experienced bargainer. But it also is missing something important: law. Bargaining scholars now routinely write about dispute settlement as if the strength of the parties’ competing legal claims is of no consequence. Rarely do they discuss …

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Narrative And Drama In The American Trial, Robert P. Burns Jan 2012

Narrative And Drama In The American Trial, Robert P. Burns

Faculty Working Papers

This short essay summarizes an understanding of the trial as a medium in which law is realized or actualized, rather than imposed or enforced. It suggests that we should pay close attention to the actual practices that prevail at trial, its "consciously structured hybrid" of languages and practices, if we want to understand the nature of law.

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Arbitrations In Florida: A Tale Of Two Courts, Juan Ramirez Jr. Jan 2012

Arbitrations In Florida: A Tale Of Two Courts, Juan Ramirez Jr.

St. Thomas Law Review

The Federal Arbitration Act ("FAA") was enacted in 1925 in response to widespread judicial hostility to arbitration agreements. It is evident from a number of decisions issuing out of Florida courts that this judicial hostility endures. A frequently stated goal of arbitration is the fast and efficient resolution of disputes, but decisions that refuse to enforce such agreements undermine predictability and embroil the litigants in court proceedings that delay and drive up the cost of deciding disputes. During the last two years, the arbitration profession has gained five staunch supporters. They also comprise a majority of the United States Supreme …

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The Neurophysiology Of Adr And Process Design: A New Approach To Conflict Prevention And Resolution?, Jeremy Lack, François Bogacz Jan 2012

The Neurophysiology Of Adr And Process Design: A New Approach To Conflict Prevention And Resolution?, Jeremy Lack, François Bogacz

Cardozo Journal of Conflict Resolution

Neurobiology seems to be popping up everywhere. It is being taught in leadership conferences, sales and marketing seminars, management meetings, business schools, and increasingly in law schools and bar associations. The cover of the American Bar Association's Summer 2011 Dispute Resolution Magazine was dedicated to the topic of "Neuroscience and Negotiation." In it, Professor Richard Birke observes that "Neuroscience is everywhere." Is it a new fad or a fundamental awakening, providing new insights for the legal profession?

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Culpa In Contrahendo In European Private International Law: Another Look At Article 12 Of The Rome Ii Regulation, Najib Hage-Chahine Jan 2012

Culpa In Contrahendo In European Private International Law: Another Look At Article 12 Of The Rome Ii Regulation, Najib Hage-Chahine

Northwestern Journal of International Law & Business

Precontractual liability is liability that arises out of a harmful conduct that occurs during the formation period of a contract. Where the harmful conduct occurs during international negotiations, a conflict of laws issue arises. The determination of the applicable law to precontractual liability can be a complex and tedious task, which is why the European Legislature has provided a special conflict-of-law rule in Article 12 of the Rome II Regulation on the applicable law to non-contractual obligations. Through this provision, the European Legislature aims to achieve uniformity between EU Member States, while providing an appropriate conflicts rule. The present essay …

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