Dispute Resolution and Arbitration Commons^™

Collaborative Management Of The Glen Canyon Dam: The Elevation Of Social Engineering Over Law, Joseph M. Feller

Nevada Law Journal

No abstract provided.

An Appreciation Of Marc Galanter's Scholarship, John M. Lande

Faculty Publications

This brief essay highlights three of Marc Galanter's works to illustrate qualities that seem especially worth emulating. Galanter's classic article, Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change, focuses on how the legal system actually operates in daily life and challenges a conventional wisdom that simply providing have-nots with more lawyers would substantially reduce inequality. The article is particularly relevant to the dispute resolution field, focusing on the vast majority of legally-oriented behavior that occurs outside of court. It distinguishes truly private dispute resolution (such as self-help, withdrawal from relationships, and intra-group processes) from settlement …

Getting To "Let's Talk": Legal And Natural Destabilizations And The Future Of Regional Collaboration, Bradley C. Karkkainen

Nevada Law Journal

No abstract provided.

On Perfect Storms And Sacred Cows Of Collaboration, Comments On Bradley Karkkainen, Getting To "Let's Talk": Legal And Natural Destabilzations And The Future Of Regional Collaboration, Kirk Emerson

Nevada Law Journal

No abstract provided.

Séances, Ciénegas, And Slop: Can Collaboration Save The Delta?, Bret C. Birdsong

Nevada Law Journal

No abstract provided.

Beyond Conjecture: Learning About Ecosystem Management From The Glen Canyon Dam Experiment, Alejandro E. Camacho

Nevada Law Journal

No abstract provided.

Collaborative Solutions To Colorado River Water Shortages: The Basin States' Proposal And Beyond, Douglas L. Grant

Nevada Law Journal

No abstract provided.

Improving Asylum-Seeker Credibility Determinations: Introducing Appropriate Dispute Resolution Techniques Into The Process, Daniel Forman

Cardozo Journal of International and Comparative Law

The note argues that incorporating Alternative Dispute Resolution (ADR) techniques into asylum adjudications can enhance the fairness and accuracy of credibility determinations. It proposes a two-step process, including preliminary fact-finding and early neutral evaluation, to address challenges such as cultural differences, trauma, and adversarial dynamics.

Who Can Be Against Fairness? The Case Against The Arbitration Fairness Act, Peter B. Rutledge

Scholarly Works

In this brief essay, I hope to lay out the case against the Arbitration Fairness Act.3 Part I of this Article addresses the “findings” on which the act is premised. It explains how in several respects the current research on arbitration flatly contradicts the premises animating those findings (in other respects, the data is incomplete, so the “findings” at best are better described as “untested hypotheses” or “assumptions”). Part II of this Article explains why postdispute arbitration is not a viable alternative to our present system of enforceable predispute arbitration clauses.

Leaving More Than Money: Mediation Clauses In Estate Planning Documents, Lela P. Love, Stewart E. Sterk

Articles

When probate disputes arise, an increasing number of courts have been referring those disputes to mediation. Estate planners, however, have been less proactive about drafting wills to include mediation clauses that would anticipate estate disputes and channel them away from litigation. When a will mandates mediation, the will provides a dispute resolution mechanism designed to preserve family harmony, conserve estate assets, and avoid airing the family's "dirty laundry "-objectives common to many testator. Mediation clauses in wills are no panacea. They are of little value to testators who exalt control over estate assets above all other concerns, and they are …

Canadian Media Guild V Canadian Broadcasting Corp, Innis Christie

Innis Christie Collection

The Union alleged a breach of the Collective Agreement because the Employer was hiring a large number of temporary employees and not posting the positions as permanent vacancies. This preliminary hearing dealt with the question of who had the onus of proof. The Union believed that the Employer needed to provide that proof.

The preliminary objection fails. The Union must prove its case, but the Employer must disclose the needed information.

Summary Of Torrealba V. Kesmetis, 124 Nev. Adv. Op. No. 10, Barbara Mcdonald

Nevada Supreme Court Summaries

Appeal from a district court summary judgment in a tort action.

Book Review - The Science Of Settlement: Ideas For Negotiators, Rebekah K. Maxwell

Faculty Publications

No abstract provided.

Summary Of Loomis V. Whitehead, 124 Nev. Adv. Op. No. 7, Charles R. Peterson

Nevada Supreme Court Summaries

Appeal from an order granting partial summary judgment in a contract action. Summary judgment was based on NRS 602.070, barring persons who fail to file a fictitious name certificate from suing on any contract or agreement made under the fictitious name. Nevada Supreme Court (the “Court”) reversed and remanded.

Re Canada Post Corp And Cupw (036-03-00022), Innis Christie

Innis Christie Collection

Union grievance, submitted on September 20, 2006, on behalf of all affected employees alleging breach of Article 39 05 (e) and (f) of the Collective Agreement between the parties bearing the expiry date January 31, 2007, in that the Employer failed to offer overtime hours as required by those provisions. The Union sought an order that the Employer pay damages to compensate the affected employees.

Re Canada Post Corp And Cupw (066-07-00001), Innis Christie

Innis Christie Collection

Union grievance, submitted on August 29, 2007, on behalf of all affected employees alleging breach of Articles 11,13 and 52 in that the Employer failed to fill a vacant RLC position. The Union sought an order that the Employer grant full redress to the employee who should have been given the RLC position.

Nlnu V Eastern Regional Integrated Health Authority, Innis Christie

Innis Christie Collection

This is a policy grievance regarding the Employer's Attendance Management Program. The Union does not believe some sections conform with the Collective Agreement. The Employer is willing to accept guidance if some aspect of the Program is inconsistent with the Agreement.

The grievance succeeds in part. The grievance is dismissed except that the Employer is directed to amend the written policy to reflect the manner in which the policy is actually applied. Jurisdiction is retained to assist with the implementation of the award, if needed.

Perceptions Of Fairness In Securities Arbitration: An Empirical Study, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This Report to the Securities Industry Conference on Arbitration (SICA) documents the results of the authors’ empirical study, through a one-time mailed survey, of survey participants’ perceptions of fairness of securities Self-Regulatory Organization (SRO) arbitrations involving customers. The survey was designed to assess participants’ perceptions of the: (1) fairness of the SRO arbitration process; (2) competence of arbitrators to resolve investors’ disputes with their broker-dealers; (3) fairness of SRO arbitration as compared to their perceptions of fairness in securities litigation in similar disputes; and (4) fairness of the outcome of arbitrations.

Ufcw, Local 1288p V Maple Leaf Consumer Foods Moncton Ltd, Innis Christie

Innis Christie Collection

The Grievor was discharged for innocent absenteeism. The Union believes this was without just cause and that the Employer failed to sufficiently accommodate the Grievor. Reinstatement was initially requested as remedy, but the Grievor had found other employment and requested compensation instead.

Discovery, Judicial Assistance And Arbitration: A New Tool For Cases Involving U.S. Entities?, Peter B. Rutledge

Scholarly Works

Limited discovery is one of the regularly cited advantages of international arbitration, as opposed to international litigation, particularly in contrast to litigation in the US. courts. Recent decisions by US. courts, however, have threatened to upend this comparative advantage. Invoking a little known US. law, 28 U.S.C. section 1782, these courts have permitted parties in an arbitration to petition for subpoenas issued by US. courts against their adversaries or third parties. Bucking the trend in the academic literature, which largely supports this development, this article opposes reading section 1782 to authorize subpoenas in support of an arbitration. Not only does …

Summary Of Dancer V. Golden Coin, Ltd., 124 Nev. Adv. Op. No.2, Tyler Ure

Nevada Supreme Court Summaries

Appeal from Eighth Judicial District Court’s order dismissing claims and counterclaims in a labor law dispute.

Summary Of Lioce V. Cohen, 124 Nev. Adv. Op. No. 1, Nevada Law Journal

Nevada Supreme Court Summaries

This is an en banc rehearing of Lioce v. Cohen.1 This case involves the consolidated appeals of four district court orders, two granting new trials because of attorney misconduct and two denying new trials because of attorney misconduct.

The Necessity Of An "Opt-In" Approach To Class Arbitration, Kirk D. Knutson

Journal of Law and Practice

No abstract provided.

Life With Hoyt: Avoiding Misrepresentation Claims In Negotiating Settlement Agreements, Eric J. Magnuson, Daniel J. Supalla

Journal of Law and Practice

No abstract provided.

Litigation And The Optimal Combination Of Vague And Precise Clauses In Contracts, Alvaro E. Bustos

Faculty Working Papers

In this paper we determine the optimal combination of precise and vague clauses written in contracts when the parties face writing and enforcement costs, the second ones in the form of litigation. We show that the parties may prefer to write vague instead of precise clauses not only because they are cheaper to write but also because they are cheaper to enforce. We extend Battigalli and Maggi (2002) to model the decision of a principal who chooses clauses to describe the actions that an agent has to perform. As both players observe nature imperfectly they may call for a court …

Forum Shopping And The Infrastructure Of Federalism., James E. Pfander

Faculty Working Papers

The recent effort of environmentalists and others to secure progressive social change at the state level enacts a familiar ritual in the history of American federalism. Political actors who have found their initiatives blunted at the national level have often turned to the states. With the ebb and flow of political power between two parties over time, arguments about the relative authority of federal and state governments display far more expediency than principle, far more mutability than predictability. States may be more or less progressive than the national government, depending in good measure on the temper of the times and …

Revisiting The Meltzer-Howlett Debate On External Law In Labor Arbitration: Is It Time For Courts To Declare Howlett The Winner?, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Bargaining With A Hugger: The Weaknesses And Limitations Of A Communitarian Conception Of Legal Dispute Bargaining, Or Why We Can't All Just Get Along, Robert J. Condlin

Faculty Scholarship

The communitarian conception of dispute-bargaining now popular with legal academics presupposes a world in which people are always at their best. Clients and lawyers share information about themselves and their situations candidly and honestly, construct agreements from the perspective of their common interests and resolve differences according to objectively derived and jointly agreed upon substantive standards. This is supposed to take the hard edge off their disputing and make it less antagonistic, less competitive, less deceptive, less manipulative and less mean-spirited than it otherwise might be. This is a wonderfully inspiring view and it would be a source of great …

Mitigating Disaster: A Communitarian Response, Robert M. Ackerman

Law Faculty Research Publications

In this essay, I present a communitarian view as to how we might best respond to disaster, and in particular, to losses suffered by the direct victims of disaster. My focus will be on financial compensation to disaster victims, which admittedly occupies only a small part of the spectrum of disaster response. Emergency "first responder" activities are matters about which I have no expertise; volunteering at my local food bank hardly qualifies me to advise FEMA or the Red Cross. The blunders for which these organizations have recently been responsible are apparent, and so are some of their causes, but …

Internet Infrastructure And Online Alternative Dispute Resolution, 25 J. Marshall J. Computer & Info. L. 217 (2008), Haitham A. Haloush

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.