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Articles 3481 - 3510 of 7746

Full-Text Articles in Dispute Resolution and Arbitration

A Reply To "Hollow Spaces", George A. Bermann, Jack J. Coe Jr., Christopher R. Drahozal, Catherine A. Rogers Jan 2014

A Reply To "Hollow Spaces", George A. Bermann, Jack J. Coe Jr., Christopher R. Drahozal, Catherine A. Rogers

Faculty Scholarship

This short essay responds to Chip Brower's thoughtful and meticulous critique of Tentative Draft No. 2 of the Restatement Third of the U.S. Law of International Commercial Arbitration. While we appreciate the concerns he raises, we disagree with the conclusions he draws both about the Restatement and the drafting process. We address here what we understand to be Professor Brower's major criticisms of the work.

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Finding Order In The Morass: The Three Real Justifications For Piercing The Corporate Veil, Jonathan Macey, Joshua Mitts Jan 2014

Finding Order In The Morass: The Three Real Justifications For Piercing The Corporate Veil, Jonathan Macey, Joshua Mitts

Faculty Scholarship

Few doctrines are more shrouded in mystery or litigated more often than piercing the corporate veil. We develop a new theoretical framework that posits that veil piercing is done to achieve three discrete public policy goals, each of which is consistent with economic efficiency: (1) achieving the purpose of an existing statute or regulation; (2) preventing shareholders from obtaining credit by misrepresentation; and (3) promoting the bankruptcy values of achieving the orderly, efficient resolution of a bankrupt's estate. We analyze the facts of veil-piercing cases to show how the outcomes are explained by our taxonomy. We demonstrate that a supposed …

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The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner Jan 2014

The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner

Maryland Law Review

No abstract provided.

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The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah Dec 2013

The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah

Indonesia Law Review

Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued …

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Summary Of Lytle V. Rosemere Estate Prop. Owners, 129 Nev. Adv. Op. 98, Allison Vitangeli Dec 2013

Summary Of Lytle V. Rosemere Estate Prop. Owners, 129 Nev. Adv. Op. 98, Allison Vitangeli

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether an NRCP 59(e) motion to alter or amend may be properly directed at a post-judgment order or whether that rule is limited to final judgments; and (2) whether NRAP 4(a)(4) tolling applied to the appellants’ NRCP 59(e) motion.

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Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims, Jean R. Sternlight Dec 2013

Forced Arbitration Undermines Enforcement Of Federal Laws By Suppressing Consumers' And Employees' Ability To Bring Claims, Jean R. Sternlight

Congressional Testimony

Testimony of Professor Jean R. Sternlight to the Senate Judiciary Committee, arguing for the passage of the Arbitration Fairness Act of 2013.

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The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown Dec 2013

The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown

Seattle Journal for Social Justice

No abstract provided.

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To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day Dec 2013

To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day

Seattle Journal for Social Justice

No abstract provided.

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Let Us Reason Together: The Role Of Process In Effective Mediation, Howard W. Cummins Nov 2013

Let Us Reason Together: The Role Of Process In Effective Mediation, Howard W. Cummins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Self-Government And The Judicial Function, David Rudenstine Nov 2013

Self-Government And The Judicial Function, David Rudenstine

Articles

No abstract provided.

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The Varieties Of Individual Engagement (Vie) Scales: Confirmatory Factor Analyses Across Two Samples And Contexts, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Shiyuan Wang, Rebecca Harris, Jayme Neiman, Alan Tomkins Oct 2013

The Varieties Of Individual Engagement (Vie) Scales: Confirmatory Factor Analyses Across Two Samples And Contexts, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Shiyuan Wang, Rebecca Harris, Jayme Neiman, Alan Tomkins

Lisa PytlikZillig Publications

The field of public engagement, participation and deliberation is fraught with conflicting results that are difficult to interpret due to the very different methods and measures used. Theory advancement and consistent operationalization and assessment of key public deliberation and engagement variables will benefit considerably from standardized measures of constructs and the ability to compare across studies. In this article, drawing from social and educational psychology, we describe the theoretical bases for scales assessing eight varieties of participant engagement that may be experienced during participation activities: Active learning, conscientious, uninterested, creative, open-minded, closed-minded, angry, and social engagement. We describe our development …

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Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64, Whitney E. Short Oct 2013

Summary Of Mcknight Family, Llp V. Adept Mgmt. Services, Inc., Et. Al., 129 Nev. Adv. Op. 64, Whitney E. Short

Nevada Supreme Court Summaries

The Court determined three issues: (1) whether the district court had the authority to dismiss the complaint pursuant to NRS 38.310;2 (2) whether the district court erred in dismissing all seven claims (preliminary/permanent injunction, negligence, breach of contract, violation of NAC 116.300,3 violation of NAC 116.341,4 violation of NRS 116.1113 and 116.3103, and slander of title/wrongful foreclosure/quiet title) subject to NRS 38.310; and (3) whether the district court erred in setting aside the default judgment against Design 3.2.

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Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71, Patrick Opdyke Oct 2013

Summary Of Wells Fargo Bank, N.A. V. O’Brien, 129 Nev. Adv. Op. 71, Patrick Opdyke

Nevada Supreme Court Summaries

The Court determined whether a district court order for judicial review of foreclosure mediation and remanding for further mediation is final and appealable, or whether it is not final and not appealable.

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C-Drum News, Fall 2013 Oct 2013

C-Drum News, Fall 2013

The C-DRUM News

No abstract provided.

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Constitutional Conundrums In Arbitration: Book Review Of Arbitration And The Constitution, S. I. Strong Oct 2013

Constitutional Conundrums In Arbitration: Book Review Of Arbitration And The Constitution, S. I. Strong

Faculty Publications

The combination of arbitration and constitutional law is the topic of Professor Peter Rutledge's new book, and the focus of this review essay, which will consider, among other things, whether these two subjects are compatible.

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Tricky Business: A Decision-Making Framework For Legally Sound, Ethically Suspect Business Tactics, Corey A. Ciocchetti Oct 2013

Tricky Business: A Decision-Making Framework For Legally Sound, Ethically Suspect Business Tactics, Corey A. Ciocchetti

Cardozo Public Law, Policy & Ethics Journal

Trick: "a crafty or underhanded device, maneuver, stratagem, or the like, intended to deceive or cheat." Tricks are designed to outwit others in a cunning and skillful manner. Despite well-written, philosophically sound codes of ethics and core values, businesses are not above employing tricky tactics to suit their pecuniary interests. These strategies often involve the legal system as the outwitted ask courts to vindicate their rights. However, the most successful tricks are skillfully crafted to survive legal scrutiny. This Article evaluates three tricky business tactics found lawful by the United States Supreme Court during its most recent term. The Article …

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Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande Oct 2013

Lessons From Teaching Students To Negotiate Like A Lawyer, John M. Lande

Faculty Publications

This article reports my observations from teaching those courses and offers suggestions for future efforts to improve legal education. My experience supports the (1) focus on negotiation in a wide range of situations in addition to the final resolution of disputes and transactions, (2) addition of "ordinary legal negotiation" to the two traditional theories of negotiation, and (3) use of multi-stage simulations in addition to traditional single-stage simulations. These approaches were critical in providing students with a more realistic understanding of negotiation. This article also describes experiments with other teaching techniques in my courses.

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Guidance On Representative Actions: Koh Chong Chiah And Others V Treasure Resort Pte Ltd [2013] Sgca 52, Eunice Chua Oct 2013

Guidance On Representative Actions: Koh Chong Chiah And Others V Treasure Resort Pte Ltd [2013] Sgca 52, Eunice Chua

Research Collection Yong Pung How School Of Law

In Koh Chong Chiah and others v Treasure Resort Pte Ltd,1 the Court of Appeal issued acomprehensive judgment outlining when representative actions may be brought pursuant toO 15 r 12 of the Rules of Court,2 which provides that:Where numerous persons have the same interest in any proceedings, … theproceedings may be begun, and, unless the Court otherwise orders, continued, by oragainst any one or more of them as representing all or as representing all except oneor more of them [emphasis added].

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‘Translating The Terrain’ Over Cultural Myths And Mistaken Assumptions, Marjorie Corman Aaron Sep 2013

‘Translating The Terrain’ Over Cultural Myths And Mistaken Assumptions, Marjorie Corman Aaron

Faculty Articles and Other Publications

Lawyers must recognize that, outside of the legal practice, people lack shared knowledge about its workings. Thus, the “lawyer-translator” must supply basic, missing knowledge of legal process, practice, and culture for her words to make sense. Without some of that knowledge, the lawyer’s words lack meaning.

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Mobil V. Canada – Ratcheting Down The Scope Of Treaty Reservations, Lise Johnson Sep 2013

Mobil V. Canada – Ratcheting Down The Scope Of Treaty Reservations, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

As part of States’ efforts to strike a balance in their international investment agreements (IIAs) between the obligations they assume and the rights and policy space they wish to retain, some adjoin annexes to their treaties to protect their ability to take “Non-Conforming Measures” (NCMs). States have generally: used such annexes to make exceptions to non-discrimination obligations, market access restrictions and performance requirements; have included the ability to grandfather in NCMs existing at the time an IIA enters into force; and have provided for the ability to maintain, amend, and enact new NCMs in specifically identified sectors, sub-sectors, activities, or …

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Chief Justice Of Samoa Launches Mediation Rules, Nadja Alexander Sep 2013

Chief Justice Of Samoa Launches Mediation Rules, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post on the Kluwer Mediation Blog, the launch of Samoa’s Mediation Rules 2013 by His Honour Patu Tiava’asue Falefatu Sapolu is presented.

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New Uncitral Arbitration Rules On Transparency: Application, Content And Next Steps, Lise Johnson Aug 2013

New Uncitral Arbitration Rules On Transparency: Application, Content And Next Steps, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

This paper discusses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, which were adopted in August of 2013 and went into effect on April 1, 2014. It draws on negotiating history to elaborate on the content of and purpose of each of the Rules’ provisions, and identifies options for and barriers to applying these Rules in future arbitrations.

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Engineering Peace: Achieving The Promise Of Mediation In The World’S Most Difficult Conflicts, Nadja Alexander Aug 2013

Engineering Peace: Achieving The Promise Of Mediation In The World’S Most Difficult Conflicts, Nadja Alexander

Research Collection Yong Pung How School Of Law

The first of a series of four blog postings on the Kluwer Mediation Blog calls for more use of mediation for conflict avoidance and prevention purposes on the global level.

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Managed Cooperation In A Post-Sago Mine Disaster World, Patrick R. Baker Jul 2013

Managed Cooperation In A Post-Sago Mine Disaster World, Patrick R. Baker

Pace Law Review

This article proposes a Commission mandated mediation process that will offer a solution to the case backlog that prevents regulatory capture while promoting managed cooperation and communication toward a common goal: safety. While the Commission has implemented new rules, procedures, and steps that have helped the backlog, these improvements have only addressed the symptoms and not the cause. Currently, the solutions have focused on how to reduce the case backlog, instead of creating a system that allows for communication and cooperation, while ensuring compliance and safety. While there has been disagreement as to whether or not the case backlog undermines …

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Mlb Calendar 2013-2014, Edmund P. Edmonds Jul 2013

Mlb Calendar 2013-2014, Edmund P. Edmonds

MLB Calendars

No abstract provided.

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Table Of Contents - Issue 2 Jul 2013

Table Of Contents - Issue 2

Journal of Dispute Resolution

Table of Contents - Issue 2

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Correcting A Flaw In The Arbitration Fairness Act, Imre Stephen Szalai Jul 2013

Correcting A Flaw In The Arbitration Fairness Act, Imre Stephen Szalai

Journal of Dispute Resolution

The proposed Arbitration Fairness Act of 2013 will ban courts from enforcing arbitration agreements in the employment and consumer contexts. This law will protect America's employees and consumers by keeping the courthouse door open to critical civil rights, employment, and consumer protection litigation. However, the proposed Arbitration Fairness Act suffers from a subtle flaw: it is uncertain whether the law will apply to the states. This flaw, which arises from one of the greatest constitutional errors the Supreme Court has ever made, must be corrected in order to provide the broadest protection to millions of American employees and consumers, and …

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Globalization And Financial Dispute Resolution: Examining Areas Of Convergence And Informed Divergence In Financial Adr, Shahla F. Ali Jul 2013

Globalization And Financial Dispute Resolution: Examining Areas Of Convergence And Informed Divergence In Financial Adr, Shahla F. Ali

Journal of Dispute Resolution

The global reach of the financial crisis calls for renewed investigation on the impact of globalization on international legal practice. Part One of this paper examines the theoretical perspectives on the impact of globalization on international legal practice. Part Two provides a global review of financial dispute resolution programs, including arbitration models and ombudsman systems, developed to address the financial complaints of retail investors that intensified during and after the financial crisis. Australia, the United Kingdom, the United States, Singapore and Hong Kong are featured because they each reflect either the ombudsman or arbitration model of financial dispute resolution. Part …

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Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gomez Jul 2013

Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gomez

Journal of Dispute Resolution

This article is divided into four sections. Section I offers a general description of Burning Man, including its organizers, social structure, and demographics. Section I also describes the Burning Man community and other features that distinguish Burning Man from other mass-gathering events. Section II describes the layers of internal and external social control found at Burning Man, and how they operate at the event. These layers of control include different forms of official law enforcement as well as the intra-community dispute resolution mechanisms employed by the Rangers. In Section III, the core of the article discusses the shortcomings of external …

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Class Action's Last Hope: The Argument For Federal Statutory Rights Preemption Of The Federal Arbitration Act: In Re American Express Merchants' Litigation, Matthew Reddish Jul 2013

Class Action's Last Hope: The Argument For Federal Statutory Rights Preemption Of The Federal Arbitration Act: In Re American Express Merchants' Litigation, Matthew Reddish

Journal of Dispute Resolution

This note will examine the history behind several recent federal decisions on class arbitration as well as federal antitrust laws and how antitrust laws should be enforced in the shadow of the FAA.

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