Dispute Resolution and Arbitration Commons^™

Take Me Out Of The Ballgame, Take Me Out To The Free Market: An Analysis Of Midterm Contract Renegotiation In Major League Baseball, Aaron Bretter

Cardozo International & Comparative Law Review

The note argues that mid-term contract renegotiations in Major League Baseball (MLB) should be permitted under specific legal doctrines, such as efficient breach, changed circumstances, and duress. It advocates for a more dynamic and equitable system where player compensation aligns with current performance, balancing fairness for players and practical considerations for teams. While the theory of efficient breach is intriguing, the doctrine of changed circumstances is posited as the most viable legal remedy for renegotiation, particularly when a player's performance significantly exceeds initial expectations.

Dispute System Design Can Help: To Bring About The Future Envisioned By Gpc Participants, We Need To Change The Structure Of What We Do, Lela P. Love, Lisa Blomgren Amsler, Mansi Karol

Articles

No abstract provided.

The Politics Of Access: Examining Concerted State/Private Enforcement Solutions To Class Action Bans, Myriam E. Gilles

Articles

Procedural and substantive constraints on the ability of ordinary people to access the civil justice system have become all too commonplace. The “justice gap” owes much to cuts in funding for legal aid and court administration, heightened pleading standards, ever-rising costs of discovery, increasingly restrictive views on standing to sue, and the co-opting of small claims court by businesses seeking to collect debts, among other obstacles in the path to the courthouse. But the most consequential impediment, surely, is the enforcement of mandatory arbitration clauses with class action bans, which bar consumers and employees from bringing or being represented in …

Skratek, Sylvia Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Wolf, Steven Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Ponak, Allen Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Wood, Jeanne Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Francis, Edna Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Laporte, Phillip Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Strongin, Andrew Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Brogan, Margaret Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Kagel, John Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Neumeier, Elizabeth Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Skonier, John Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Burstein, Mark Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Herzog, Robert Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Oldham, James Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

De Treux, Walt Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Kendellen, Gary Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Archer, Dennis Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Brent, Dan Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Darby, James Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Class Dismissed: Compelling A Look At Jurisprudence Surrounding Class Arbitration And Proposing Solutions To Asymmetric Bargaining Power Between Parties, Matthew R. Hamielec

Chicago-Kent Law Review

Class actions and arbitrations have existed since the United States’ inception. Since the mid-twentieth century, both Congress and the U.S. Supreme Court have helped arbitration blossom from litigation’s overshadowed alternative to a prominent means of resolving disputes. Soon, the commercial industry proceeded to incorporate arbitration provisions in their consumer and employment contracts. That way, when a dispute arose between the business and a person, the business would arbitrate with claimants individually. Plaintiffs’ attorneys who favored collective action proceedings like class actions, however, pushed for courts’ allowance of class arbitration—a class proceeding conducted within an arbitration’s confines.

Corporations litigated such class …

Amending Maine's Plain Language Law To Ensure Complete Disclosure To Consumers Signing Arbitration Contracts, Andrew R. Sarapas

Maine Law Review

Arbitration has been defined as an informal procedure used by disputants to resolve their differences in a forum other than a court of law. By agreeing to arbitration, the parties submit their disputes to selected arbitrators, whose reasoning and final decisions or awards supplant the judgment of the established judicial tribunals. Further, the decisions of arbitrators are usually binding and enforceable in courts. Although arbitration has been lauded for being less expensive and time-consuming than litigation, consumers arbitrating disputes with large companies may not be playing on a level field. It is important, however, to distinguish arbitration from mediation. Arbitrators, …

A Drone By Any Other Name: Purposes, End-User Trustworthiness, And Framing, But Not Terminology, Affect Public Support For Drones, Lisa M. Pytlikzillig, Brittany Duncan, Sebastian Elbaum, Carrick Detweiler

Lisa PytlikZillig Publications

Projections indicate that, as an industry, unmanned aerial vehicles (UAVs, commonly known as drones) could bring more than 100 000 jobs and $80 billion in economic growth to the U.S. by 2025 [1]. However, these promising projections do not account for how various publics may perceive such technologies. Understanding public perceptions is important because the attitudes of different groups can have large effects on the trajectory of a technology, strongly facilitating or hindering technology acceptance and uptake [2].

To advance understanding of U.S. public perceptions of UAV technologies, we conducted a nationwide survey of a convenience sample of 877 Americans …

A Convention On The Enforcement Of Imsas And A New Model Law, Nadja Alexander

Research Collection Yong Pung How School Of Law

During its 68th session from 5 – 9 February in New York UNCITRAL Working Group II (Dispute Settlement) concluded its work on the preparation of an instrument or instruments on the enforcement of international commercial settlement agreements arising from mediation. In the mediation community we often refer to such settlements as (international) mediated settlement agreements or iMSAs. The deliberations on this task commenced in 2015 subsequent to a proposal by the United States. The session were held in Vienna and New York and were chaired by Singaporean delegate Natalie Morris-Sharma.

Lnk Market Community Conversations, Lisa M. Pytlikzillig, Usda Value Added Producer Grant Steering Committee

Lisa PytlikZillig Publications

This report details the procedures and results from two public engagements conducted around the possibility of a year-round public market that might be situated in or near Lincoln’s downtown area. The purpose of these engagements was to uncover and explore the range of responses, hopes, concerns, and perceived benefits, barriers, and facilitators of a year-round Lincoln market.

A multi-pronged approach was used in which recruitment survey responses from about 135 persons was combined with pre-post surveys and in-depth conversations with 60 persons as shown in Figure 1.1.

The final report includes all three strands of information: from the recruitment surveys, …

Columbia Law School Arbitration Newsletter, Center For International And Commercial Investment Arbitration

Center for International Commercial and Investment Arbitration

This Newsletter is prepared under the flagship of Center for International Commercial & Investment Arbitration (CICIA). The Center has become one of the most active research incubation centres in the realm of international arbitration, both commercial and investor-State, and with this new initiative, we welcome readers to be informed and explore the new avenues available for becoming associated with real time projects that would benefit the readers through greater information and ideas.

Costs And Benefits Of Investment Treaties: Practical Considerations For States, Lise Johnson, Jesse Coleman, Brooke Guven, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

This paper analyzes the expected benefits of investment treaties, including: increased inward investment, increased outward investment, and depoliticization of investment disputes. It then considers evidence of the costs of investment treaties, including: litigation, liability, reputational cost, reduced policy space, distorted power dynamics, reduced role for domestic law-making, and uncertainty in the law. The authors set forth practical steps that states can take relating to both existing treaties as well as future treaties with an objective of increasing desired benefits and decreasing unexpected and high costs of investment treaties.

Newsroom: Court As Classroom 03-01-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.