Dispute Resolution and Arbitration Commons^™

A Narrowing View: The Sixth Circuit And Bae, Alexander Park

Arbitration Law Review (2009 - Present)

No abstract provided.

Law As An Ally Or Enemy In The War On Cyberbullying: Exploring The Contested Terrain Of Privacy And Other Legal Concepts In The Age Of Technology And Social Media, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

This article focuses on the role and limits of law as a response to cyberbullying. The problem of cyberbullying engages many of our most fundamental legal concepts and provides an interesting case study. Even when there is general agreement that the problem merits a legal response, there are significant debates about what that response should be. Which level and what branch of government can and should best respond? What is the most appropriate legal process for pursuing cyberbullies—traditional legal avenues or more creative restorative approaches? How should the rights and responsibilities of perpetrators, victims and even bystanders be balanced? Among …

When Disciplines Collide: Polygamy And The Social Sciences On Trial, Jodi Lazare

Articles, Book Chapters, & Popular Press

This article draws on the Supreme Court of British Columbia's Reference re: Section 293 of the Criminal Code of Canada [the Polygamy Reference] as a concrete example of the benefits and limitations of intense judicial reliance on social science evidence in the adjudication of constitutional rights and freedoms at the trial level. By examining the evidence tendered, I suggest that the current adversarial model of adjudication is illsuited to combining the legal and the social scientific endeavours. The divergent values, methodologies and objectives of the legal and scientific enterprises severely limit the benefits that the former can yield, thus compromising …

Hryniak: Two Years Later: The Multiple Applications Of ‘That Summary Judgment Case’ From The Supreme Court Of Canada, Jessica Fullerton, Suzie Dunn

Articles, Book Chapters, & Popular Press

In January 2014, the Supreme Court of Canada released its decision in Hryniak v Mauldin2 and called for a “culture shift” in the approach to summary judgment and the civil justice system more generally. With the ambitious goal of reducing protracted, costly litigation that undermines access to justice – all the while ensuring the fair and just adjudication of disputes – it is surprising that Hryniak has not garnered more attention.

Or has it? It has been nearly two years since the Supreme Court’s call for change was levied. Since that time, Hryniak has been cited more than 800 times …

Black Cat, White Cat: The Identity Of The Wto Judges, Louise Johannesson, Petros C. Mavroidis

Faculty Scholarship

WTO judges are proposed by the WTO Secretariat and elected to act as ‘judges’ if either approved by the parties to a dispute, or by the WTO Director-General in case no agreement between the parties has been possible. They are typically ‘Geneva crowd’, that is, they are either current or former delegates representing their country before the WTO. This observation holds for both first- as well as second-instance WTO judges (e.g. Panelists and members of the Appellate Body). In that, the WTO evidences an attitude strikingly similar to the GATT. Whereas the legal regime has been heavily ‘legalized’, the people …

Judicial Participation In Plea Bargaining: A Dispute Resolution Perspective, Rishi Batra

Faculty Articles

There is a common perception that judges do not or should not play a role in the criminal plea bargaining discussions between prosecutors and defense counsel. However, in many state jurisdictions, judicial participation is allowed or even encouraged by statute or by case law. This Article briefly summarizes some of the issues with the plea bargaining process, including how structural issues with the way defense counsel are appointed and compensated, along with the power of prosecutors, makes good representation for defendants less likely. By then performing a fifty-state survey of rules for judicial participation in plea bargaining, the Article explicates …

Mandatory Process, Matthew B. Lawrence

Faculty Articles

This Article suggests that people tend to undervalue their procedural rights—their proverbial “day in court”—until they are actually involved in a dispute. The Article argues that the inherent, outcome-independent value of participating in a dispute resolution process comes largely from its power to soothe a person’s grievance— their perception of unfairness and accompanying negative emotional reaction—win or lose. But a tendency to assume unchanging emotional states, known in behavioral economics as projection bias, can prevent people from anticipating that they might become aggrieved and from appreciating the grievance-soothing power of process. When this happens, people will waive their procedural rights …

Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong

Faculty Articles

The primary focus of this Article is to analyze various process-oriented and structural issues relating to reasoned awards in international commercial arbitration so as to improve the practical and theoretical understanding of international awards. That discussion, which is found in Section IV, considers various factors from both the common law and civil law perspectives so as to take into account the blended nature of international commercial arbitration.

Of course, to be fully comprehensible, the detailed analysis in Section IV must first be put into context. Therefore, Section II describes the difficulties associated with defining a reasoned award in international commercial …

That's A Wrap: The Ninth Circuit's Failure To Clarify The Enforceability Of Browsewrap And Clickwrap Agreements In Internet Commerce, Ben Colburn

Arbitration Law Review (2009 - Present)

No abstract provided.

International Arbitration & Global Governance: Contending Theories And Evidence, Ryan Thomas

Arbitration Law Review (2009 - Present)

No abstract provided.

Roles For Neutrals In Remedying The School Discipline Gap, Stephen S. Worthington

Arbitration Law Review (2009 - Present)

No abstract provided.

Ethics And Sport Dispute Resolution In Sport: Athletes, Law And Arbitration, Zachary Burley

Arbitration Law Review (2009 - Present)

No abstract provided.

"Who Decides?" The Third Circuit: Class Action Availability Is A Question Of Arbitrability?, Marcus Shand

Arbitration Law Review (2009 - Present)

No abstract provided.

Massachusetts And Oregon Laws Encourage Early Resolution Of Medical Malpractice Claims: Dhhs Threatens To Hinder Reform, Jena Druck

Arbitration Law Review (2009 - Present)

No abstract provided.

Thanks, Obama! "Fair Pay And Safe Workplaces" Come At The Cost Of Mandatory Pre-Dispute Employment Arbitration, Andrew C. Fillmore

Arbitration Law Review (2009 - Present)

No abstract provided.

Justice Scalia's Hat Trick And The Supreme Court's Flawed Understanding Of Twenty-First Century Arbitration, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

In this article, I report on the results of my close examination of more than two dozen opinions the Court has handed down interpreting the FAA--arising primarily from commercial, consumer, employment, or securities disputes--since the beginning of the twenty-first century only fifteen years ago.19 I focus on cases in which the Court was asked to decide a question of arbitrability--whether a claim is arbitrable or whether an agreement to arbitrate is enforceable under FAA section 2. I have concluded that these decisions are built on a narrative of an arbitration process that no longer exists, although it may have existed …

Confidentiality In Consumer And Employment Arbitration, Christopher R. Drahozal

Arbitration Law Review (2009 - Present)

No abstract provided.

Dreaded Dearth Of Precedent In The Wake Of International Arbitration - Could The Cause Also Bring The Cure?, Ank Santens, Romain Zamour

Arbitration Law Review (2009 - Present)

No abstract provided.

Special Education Arbitration: "Rightness" As A Matter Of Law And Fact?, Stephen S. Worthington

Arbitration Law Review (2009 - Present)

No abstract provided.

Risk Versus Reward: The Increasing Use Of Third Funders In International Arbitration And The Awarding Security For Costs, Kelsie Massini

Arbitration Law Review (2009 - Present)

No abstract provided.

The Role Of The Courts In The New Justice System, Tania Sourdin

Arbitration Law Review (2009 - Present)

No abstract provided.

What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye, Cynthia Alkon

Arbitration Law Review (2009 - Present)

No abstract provided.

Investment Treaty Arbitration And Its Future -- If Any, Kaj Hobér

Arbitration Law Review (2009 - Present)

No abstract provided.

Toward A Transnational Law Of Trade Usages?, Fabien Gélinas

Arbitration Law Review (2009 - Present)

No abstract provided.

Lcia's New Rules: Modernization Through Adherence To Traditional Principles Of Arbitration, Shohin Hodizoda-Vance

Arbitration Law Review (2009 - Present)

No abstract provided.

"Start Spreading The News" . . . The Big Apple Gets A Taste Of Mandatory Mediation, Melissa A. Rodriguez

Arbitration Law Review (2009 - Present)

No abstract provided.

Mediation's Effects: Test, Don't Guess, James A. Wall, Kyle R. Holley

Arbitration Law Review (2009 - Present)

No abstract provided.

Re-Thinking The Federal Arbitration Act § 10: Vacating "Manifest Disregard", Brian Forgue

Arbitration Law Review (2009 - Present)

No abstract provided.

Arkansas Supreme Court Holds Invalid Arbitration Agreement For Lack Of Mutuality, Nathaniel Conti

Arbitration Law Review (2009 - Present)

No abstract provided.

The Idea Of Arbitration, Zachary Burley

Arbitration Law Review (2009 - Present)

No abstract provided.