Other Law Commons^™

The Disempowering Relationship Between Mediator Neutrality And Judicial Impartiality: Toward A New Mediation Ethic, Ronit Zamir

Pepperdine Dispute Resolution Law Journal

The issue I shall discuss in this article is whether the concept of mediator neutrality advances the empowering and effective participation of parties from disadvantaged groups. Section II will deal with the relationship between the concept of neutrality in the adversarial legal process, in the mediation process, and the concept of procedural justice. I shall then present the meanings ascribed to the concept of mediator neutrality in the two prevailing models of mediation: the problem-solving model and the transformative model. The affinity between these meanings and the concept of judicial impartiality will be discussed and critiqued. Finally, I shall suggest …

Stumbling Down The Courthouse Steps: Mediators' Perceptions Of The Stumbling Blocks To Successful Mandated Mediation In Child Custody And Visitation , Sandra J. Perry, Tanya M. Marcum, Charles R. Stoner

Pepperdine Dispute Resolution Law Journal

Although many concerns and criticisms about the efficacy of family law mediation have been made by attorneys, judges, and psychologists, we seldom hear from the mediators themselves about how the process works. In this study, we examine the mediators' perceptions of the stumbling blocks to success in mandatory child custody mediation and make some recommendations about how the process might be improved.

The Case Against Maritime Class Arbitration: A Brief Policy Argument, Landon R. Schwob

Pepperdine Dispute Resolution Law Journal

On April 27, 2010, the United States Supreme Court decided a case that will have far-reaching implications for virtually all sectors within the arbitration industry, including the subject of this article-maritime arbitration. The question presented in Stolt-Nielsen v. AnimalFeeds International Corp. dealt with class arbitration and whether its imposition on parties whose arbitration clauses are silent on that issue is consistent with the Federal Arbitration Act (FAA). This article will primarily examine the history and viability of class arbitration-and arbitration in general-in the far more narrow context of maritime and the admiralty. Stolt-Nielsen provides an excellent backdrop against which to …

The Truth Shall Set You Free: A Distinctively Christian Approach To Deception In The Negotiation Process, Al Sturgeon

Pepperdine Dispute Resolution Law Journal

This paper examines whether the Christian religion offers a distinct position on the use of deception in the negotiation process. It is expected to be of primary interest to Christian negotiators, but combining the popularly understood theorem that "everyone negotiates on some level" with the fact that there are over 173 million Christian adherents in the United States alone, the topic may be of general interest to anyone who negotiates. There is apparently neither an official nor a widespread recognition of a distinct Christian position on the use of deception in negotiation at present. It is this article's proposal, however, …

Teaching The Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, A Defining Features Matrix, Games, And An Exercise Based On Grievances Filed Against Florida Mediators , Paula M. Young

Pepperdine Dispute Resolution Law Journal

Teaching Professional Ethics to Lawyers and Mediators Using Active Learning Techniques will serve as the first article in a series of articles I have planned on the use of active learning techniques to teach the core values of mediation: mediator impartiality, party self-determination, confidentiality, and quality of the process/mediator competence. This article is the second article in that series. In Section III, I summarize the first article in the series. In Section IV, I describe the role of mediator impartiality as a core value of the mediation field. I evaluate the definitions of mediation found in several ethics codes as …

Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales

Pepperdine Dispute Resolution Law Journal

This article first argues that to determine the enforceability of a class action waiver, courts should take a "totality of the circumstances" approach rather than adopting a bright-line rule. A set of defined factors that also allows courts to consider real-world issues facing litigants will provide a substantial framework for courts to interpret this area of the law and will lead to more consistent and well-reasoned outcomes in the future. These factors include: the probable size of each class member's individual recovery, the potential for retaliation against class members, the awareness of potential class members that their rights have been …

The Assault Of Jamie Leigh Jones: How One Woman's Horror Story Is Changing Arbitration In America, Jeffrey Adams

Pepperdine Dispute Resolution Law Journal

This article examines Jones v. Halliburton Co., the "Al Franken Amendment" to the 2010 U.S. Defense Department Budget (Franken Amendment) that was created in response to Jones, and the impact that both could have on mandatory arbitration clauses in employment contracts in the future. Part II recounts the troubling events that led to Jones and the inclusion of the Franken Amendment in the 2010 Defense Department Budget. Part III details the arguments made for and against the inclusion of the Franken Amendment. Part IV analyzes the impact that the Franken Amendment could have on mandatory arbitration clauses in contacts in …

Collaborative Practice's Radical Possibilities For The Legal Profession:"[Two Lawyers And Two Clients] For The Situation" , Robert F. Cochran Jr.

Pepperdine Dispute Resolution Law Journal

This article will consider the two dramatic changes that collaborative practice [CP] brings to law practice: a change in the mental attitude of lawyers and clients toward the conflict and a change in lawyers' counseling techniques. Part II defines CP and compares it to traditional negotiation-pending-litigation. Part III considers the change in attorney and client mental attitudes wrought by CP, where both lawyers and clients take responsibility for identifying a resolution that will meet the needs of all of the parties. Part IV considers the type of client-counseling that is often generated by CP-lawyers in CP may strongly encourage clients …

Clouded Diamonds: Without Binding Arbitration And More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail In Ending Conflicts Fueled By Blood Diamonds , Shannon K. Murphy

Pepperdine Dispute Resolution Law Journal

In 2003, under an initiative of the United Nations (U.N.), various nations of the world gave life to the Kimberley Process Certification Scheme (KPCS)-a method by which consumers of all levels could know the origin of their diamonds-with the Scheme only certifying those harvested from legal, government-run mines. The Scheme's drafters believed that, if given the choice, consumers would choose to buy diamonds mined legally, with profits flowing to legitimate sources of power. However, the KPCS as it stands is voluntary and lacks the teeth needed to deter its violators. The KPCS lacks a binding arbitration agreement and needs a …

Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level , Shala Ali, Williams E. Davis, Joanna Lee

Pepperdine Dispute Resolution Law Journal

Systems of multi-stakeholder dispute resolution are increasingly recognized as objectives of good governance by international organizations such as the United Nations Development Program (UNDP). Such objectives arise out of insights based on the dynamics of social capital that community based initiatives cannot succeed where trust is absent and mechanisms for collective decision-making do not exist. Yet localized decision-making can take many forms-whether distributional, competitive, or collaborative. This paper will examine, in particular, the impact of collaborative systems of decision-making on building social capital through access to justice in local communities. It will do this through examining participant feedback, meeting minutes, …

Road Scholars - February 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The February 2012 issue of Road Scholars highlights law faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.

Museletter: February 2012, Suzanne Corriell

Museletter

This Issue:

Bloomberg Law Now Available

Giles Beecher Jackson and his Library by John R. Barden (former Head, Reference and Research Services)

New Face at the Reference Desk

Save the Date(s): Bridge the Gap in March and April

National Library Week: Altered Book Art Competition

Preserving The Past In The Present For The Future: Las Vegas Chapter Of The National Bar Association Archive At The Wiener-Rogers Law Library, Jeanne Price, Rachel J. Anderson

Scholarly Works

This co-authored article documents the establishment of the Las Vegas Chapter of the National Bar Association (LVNBA) Archive in 2011 at the Wiener-Rogers Law Library at the University of Nevada, Las Vegas, William S. Boyd School of Law, which may be the first of its kind in the nation. The LVNBA archive was established in cooperation with the LVNBA, the local affiliate of the National Bar Association, which is the nation’s oldest minority bar and largest national association of over 44,000 predominately African-American lawyers, judges, professors, and law students. Materials donated by the LVNBA and its members document the role …

Road Scholars - January 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

The January 2012 issue of Road Scholars highlights law faculty members' scholarly activities beyond the walls of the William S. Boyd School of Law.

Counterfeits, Copying And Class, Ann Bartow

Law Faculty Scholarship

Consumers who want to express themselves by wearing contemporary clothing styles should not have to choose between expensive brands and counterfeit products. There should be a clear distinction in trademark law between illegal, counterfeit goods and perfectly legal (at least with respect to trademark law) "knockoffs," in which aesthetically functional design attributes have been copied but trademarks have not. Toward that end, as a normative matter, the aesthetic features of products should not be registrable or protectable as trademarks or trade dress, regardless of whether they have secondary meaning, just as functional attributes of a utilitarian nature are not eligible …

State Legislative Efforts To Improve Access To Venture Capital, Brian K. Krumm

Book Chapters

No abstract provided.

Animal Research In Medical Sciences: Seeking A Convergence Of Science, Medicine, And Animal Law, John J. Pippin

Laws and Legislation Collection

As the intersection of animal law and animal research becomes congested, it is appropriate to establish the scientific context in which laws regarding the use and care of research animals will operate. There are at least three components of this context that set the terms of the debate: ethics, science, and the legal status of animals. The following discussion will not address ethics; not because it isn’t important, but because it exists along a spectrum of objective and subjective positions that are often unassailable by argument and data. I can assure you as a former animal researcher that even in …

Foreword: Presidential Power And Foreign Affairs, Michael P. Scharf, Brittany E. Pizor

Faculty Publications

Foreword for the Wolf Family Foundation, Case Western Reserve's Frederick K. Cox International Law Center, the International Association of Penal Law (American National Section), the American Society of International Law, the International Law Association (American Branch), and the Public International Law and Policy Group conference Presidential Power and Foreign Affairs, Cleveland, OH, September 2012.

After The Flood: The Legacy Of The "Surge" Of Federal Immigration Appeals, Stacy Caplow

Faculty Scholarship

No abstract provided.

Corrupt Intentions: Bribery, Unlawful Gratuity, And Honest-Services Fraud, Alex Stein

Faculty Scholarship

No abstract provided.

Letting The Perfect Become The Enemy Of The Good: The Relatedness Problem In Personal Jurisdiction, Robin Effron

Faculty Scholarship

No abstract provided.

Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee

Continuing Education (CAPSTONE)

Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …

Life Cycles Of American Legal History Through Bob Dylan's Eyes, Laurie Serafino

Fordham Urban Law Journal

This Article will examine, from a legal perspective, Dylan's ideas on social policy and change. It begins with an in-depth look at the treatment of African Americans before, during, and after the Civil War by looking at relevant legal statutes and Supreme Court Cases. This Article then looks to the second cycle of revolution to gain Dylan's attention, the struggle of the worker and immigrant during the twentieth century. This article concludes by examining current domestic issues in the third cycle of revolution-- specifically, how corporations exert significant domination over the political process.

Politics And Punishment: Reactions To Markel's Political Retributivism, Michael T. Cahill

Faculty Scholarship

No abstract provided.

Arrested Development: Bob Dylan, Held For Questioning Under Suspicion Of "Autism", Alex Lubet

Fordham Urban Law Journal

This Article discusses an encounter Bob Dylan had with the law and its meaning in the context of the social constructions of mental disability, in general, and on autism in particular. The author does not speculate on Dylan's autism status.

A Comment On Commas, Erik M. Jensen

Faculty Publications

This article aims to get some respect for the underappreciated comma, using a New York Times book review to illustrate how misplaced punctuation can turn sense into nonsense.

The Shadow Rules Of Joinder, Robin Effron

Faculty Scholarship

No abstract provided.

Democracy And Productivity: The Glass-Steagall Act And The Shifting Discourse Of Financial Regulation, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

What Is The Value Of Associations, Or Is It Safe To Row Alone, Darcy Kirk

Faculty Articles and Papers

No abstract provided.

Botanical Gardens: Driving Plant Conservation Law, Amy Hackney Blackwell

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.