Dispute Resolution and Arbitration Commons^™

Should We Get Rid Of The Bar Exam?, John Lande

Faculty Blogs

This post discusses an article analyzing empirical data about licensing of lawyers in Wisconsin. Graduates of Wisconsin schools have a diploma privilege and are licensed in that state without taking a bar exam. The article argues that bar exams generally don’t fulfill their purpose of protecting the public. They consume tremendous resources of the legal profession, law schools, and law student and divert attention from activities that are likely to be more effective and valuable.

Ai And Empathy, John Lande

Faculty Blogs

This post speculates about whether AI systems will be able to replicate human empathy – at least enough to satisfy people interacting with them.

Mediation Response Unit Shows Potential As An Alternative 911 Response, Olivia Kalsner Kershen

Cardozo Journal of Conflict Resolution (CJCR) Blog

In May 2022, the City of Dayton, Ohio formally launched a new pilot program that sends trained mediators to respond to low emergency 911 calls to de-escalate non-violent conflicts and mediate disputes among community members. This new initiative, called the Mediation Response Unit (MRU), is the first of its kind in the nation as it sends mediation teams to respond to calls without a co-response by police. The idea for the MRU came about through discussions among a Community Engagement Working Group that was formed in 2020 to implement police reforms in the City. The MRU states that its goals …

A New Day: Ending “Forced” Arbitration Of Sexual Assault And Harassment, Cardozo Dispute Resolution Society

2022–2023 Flyers

No abstract provided.

Cjcr Publishes Volume 24, Issue 1 (Fall 2022), Tanuja Krishna

Cardozo Journal of Conflict Resolution (CJCR) Blog

This post was originally published on the Cardozo Journal of Conflict Resolution website on February 16, 2023. The original post can be accessed via the Archived Link button above.

The Matryoshka Model: Understanding The Relationship Between Delegation Provisions And The Broader Arbitration Agreements That Contain Them, Michael P. Bitgood

Texas A&M Law Review

This Note analyzes a 2021 decision in which a Ninth Circuit panel diverged from its sister circuits on whether an arbitrator may decide the enforceability of an arbitration agreement that excludes the application of federal law in the arbitration proceedings. In Brice v. Plain Green, LLC (Brice I), the Ninth Circuit panel considered several arbitration agreements that contained delegation provisions. A delegation provision is an additional agreement to arbitrate the validity, enforceability, or scope (collectively, “arbitrability issues”) of a broader arbitration agreement.

Analyzing the enforceability of the delegation provisions apart from that of the arbitration agreements, the panel …

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong

DePaul Business & Commercial Law Journal

No abstract provided.

The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira

DePaul Business & Commercial Law Journal

No abstract provided.

A Mediator And A Bot Walk Into A Bar …, John Lande

Faculty Blogs

This post presents ChatGPT’s decent response to a question about the main models of mediation (or at least much better than what most of my students would have written).

The Ongoing Patent Battle Over Crispr/Cas-9, Shifra Ben-Jacob

Cardozo Journal of Conflict Resolution (CJCR) Blog

CRISPR/Cas 9 is a bacterial defense system for editing genomes that has been coined one of the most monumental biotechnologies since the discovery of the polymerase chain reaction (PCR). Since 2012, two research teams, one out of the University of California, Berkeley, and the other from both the Broad Institute and the Massachusetts Institute of Technology, have been battling an ongoing patent war. The US Patent and Trademark Office (USPTO) is left to decide who can claim the technology as their own.

This post was originally published on the Cardozo Journal of Conflict Resolution website on February 2, 2023. The …

Masthead

Journal of Dispute Resolution

No abstract provided.

Orienting Toward Party Choice: A Simple Self-Determination Tool For Mediators, Robert A. Baruch Bush, Dan Berstein

Journal of Dispute Resolution

No abstract provided.

Competing For The Starting Line: How Ombuds Programs Can Help Transgender Student Athletes Participate Under Various State Policies, Drew Fabricius

Journal of Dispute Resolution

No abstract provided.

How The Farmers (Empowerment And Protection) Agreement On Price Assurance And Farm Services Act, 2020 Turns Attempts At Conciliation Into Compulsion, Sydney Bennett

Journal of Dispute Resolution

No abstract provided.

You Have Got To Be Keating Me: Why The Ending Forced Arbitration Of Sexual Assault And Sexual Harassment Act Is A Good Start, Hirsh Joshi

Journal of Dispute Resolution

No abstract provided.

Arbitrator Bias: Why We Should Adopt The Ninth Circuit's Reasonable Impression Standard, Viridiana Marcial

Journal of Dispute Resolution

No abstract provided.

Faculty List

Journal of Dispute Resolution

No abstract provided.

Description

Journal of Dispute Resolution

No abstract provided.

Analyzing The Anatomy Of Innovative Investment Treaty Drafting: The Quest To Safeguard The Right To Regulate, Naimeh Masumy, Carrie Shu Shang

Journal of Dispute Resolution

No abstract provided.

Why Missouri State Courts Should Implement An Online Dispute Resolution Platform To Resolve Traffic Tickets, Warrants And Please, And Misdemeanors, Emma Wormington

Journal of Dispute Resolution

No abstract provided.

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

Legislative Update, Wensdai Brooks, Connor Mcateer, Myca Sutton, Des'aire Taylor, Hannah Williams

Journal of Dispute Resolution

The Legislative Update exists to inform the reader of various state and federal laws passed during the 2021-2022 legislative sessions. More specifically, the statutes discussed below relate to alternative dispute resolution (“ADR”) in its many forms. This is an annual update compiled and written by the Journal of Dispute Resolution’s Associate Members and edited by the Associate Editor-in-Chief. This year represented a wide mix of laws passed—some related to health and safety in a post-pandemic world; others posed solutions to problems relevant before the COVID-19 pandemic. Usually, the Legislative Update is limited exclusively to state legislation. We decided to include …

Appendix A

Journal of Dispute Resolution

Appendix A for article Orienting Toward Party Choice

A Review Of The 2021/22 International Moots Season, Siyuan Chen

Research Collection Yong Pung How School Of Law

This is the eighth1 annual review of Singapore’s performance in international moot court competitions.2 An overview of the results for this season is presented at Table #1 below, while Tables #2 and #3 provide a snapshot of the results of the past 10 seasons. Despite the substantial lifting of travel restrictions throughout the world, the 2021/22 international moots season remained a virtually conducted one for many competitions, though competitions such as IP, Stetson, PAX, and WTO saw a much-welcomed return to in-person hearings, allowing students to compete and interact with teams and judges from around the world at places such …

An Artificial Intelligence Tool For The Selection Of Delay Analysis Technique In Construction, Mostafa Farouk

Theses and Dissertations

The increasing complexity and magnitude of projects impose greater impact of delays on stakeholders. Construction delays are a major source of disputes in construction projects. Since a construction project depends on interactions and shared responsibilities among parties, research works were directed toward identifying delay causes, quantifying their impacts, and proposing ways to deal with them. Several delay analysis techniques (DATs) are available, but when applied to the same project’s delays provide different results. Thus, the selection of the DAT to use in evaluating delays becomes vital. Reviewing the literature, it has been realized that often there are disagreements, which lead …

How The Real Practice Systems Project Can Help Improve Mediation Quality, John M. Lande

Faculty Blogs

Improving mediation quality is tricky. This post describes how the Real Practice Systems Project can help.

Pandemic As Transboundary Harm: Lessons From The Trail Smelter Arbitration, Russell A. Miller

Scholarly Articles

The COVID-19 pandemic has caused incalculable harm around the world. The fact that this immense harm can be traced back to a localized outbreak in or near Wuhan, China, raises questions about the responsibility China might bear for the pandemic under public international law. Famously applied in the seminal Trail Smelter Arbitration (1938/1941), the Transboundary Harm Principle provides that no state can use or allow the use of its territory in a manner that causes significant harm in the territory of other states. This article does not intend to tap into the unseemly, xenophobic spirit that animates much of the …

Unfair By Default: Arbitration's Reverse Default Judgment Problem, Alexi Pfeffer-Gillett

Scholarly Articles

It is a foundational principle of civil law that a defendant who fails to respond to allegations is deemed to have admitted those allegations and can be subjected to default judgment liability. This threat of default judgment incentivizes defendants to respond to claims, thereby discouraging delay tactics and helping ensure cases are resolved efficiently on the merits.

In consumer and employment arbitration, though, the fairness and efficiency benefits of traditional default judgment are flipped, rewarding rather than punishing unresponsive defendants. This difference from civil litigation arises out of arbitration’s fee structures: if a defendant-company fails to pay its share of …