Books Recieved,
2016
University of Georgia School of Law
Books Recieved, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
2016 Arbitration Hearings Chart,
2016
Notre Dame Law School
2016 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
Myanmar Enacts Modern Arbitration Regime,
2016
Singapore Management University
Myanmar Enacts Modern Arbitration Regime, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Easy Assignment To Promote Law Students’ Apprenticeship Of Identity,
2016
University of Missouri School of Law
Easy Assignment To Promote Law Students’ Apprenticeship Of Identity, John Lande
Faculty Blogs
This post describes an assignment in which students were required to review several law firm websites and write a homepage for the kind of practice that they would like to be part of. The post includes the assignment, which faculty are welcome to use or adapt.
Reforming The Federal Arbitration Act To Equalize The Adjudication Rights Of Powerful And Weak Parties,
2016
The Catholic University of America, Columbus School of Law
Reforming The Federal Arbitration Act To Equalize The Adjudication Rights Of Powerful And Weak Parties, Stephen A. Plass
Catholic University Law Review
Providing an extensive historical overview of federal arbitration jurisprudence and the Federal Arbitration Act (FAA), this article argues that the Supreme Court has misinterpreted FAA provisions and goals, thereby drastically changing the law of labor arbitration to the detriment of American workers and consumers. Namely, original congressional policy goals (providing speedy, fair and informal alternatives to court adjudication) have been countermanded by the Supreme Court’s interpretation of arbitration law over the last 50 years. As a result, modern arbitration law sets up an imbalance of power between employers/merchants and workers/consumers who are forced into lengthy and expensive procedures before they …
Judging Third-Party Funding,
2016
Washington and Lee University School of Law
Judging Third-Party Funding, Victoria Shannon Sahani
Scholarly Articles
Third-party funding is an arrangement whereby an outside entity finances the legal representation of a party involved in litigation or arbitration. The outside entity – called a “third-party funder” – could be a bank, hedge fund, insurance company, or some other entity or individual that finances the party's legal representation in return for a profit. Third-party funding is a controversial, dynamic, and evolving phenomenon. The practice has attracted both national headlines and the recent attention of the Advisory Committee on the Federal Rules of Civil Procedure. The Advisory Committee recently declared that “judges currently have the power to obtain information …
The New Brazilian Arbitration Law,
2016
University of Miami Law School
The New Brazilian Arbitration Law, Arnoldo Wald, Ana Gerdau De Borja
University of Miami Inter-American Law Review
This article selects four landmark events: the enactment of Law No. 9.307 on Sept. 23, 1996 (the “1996 Arbitration Law”); (ii) the recognition of the constitutionality of such law by the Supreme Court in 2001; (iii) the ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 2002; and (iv) the enactment of Law No. 13.129 on May 26, 2015 (the “Amendment”). The first three events are analyzed jointly with the fourth event, in order to identify novel important legal issues involving arbitration in Brazil: (a) subject arbitrability concerning state and state entities; (b) …
Finra Dispute Resolution Task Force Releases Its Final Report, With Support For Mediation And Live Hearings,
2016
Elisabeth Haub School of Law at Pace University
Finra Dispute Resolution Task Force Releases Its Final Report, With Support For Mediation And Live Hearings, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
This article briefly describes the task force’s formation; highlights its key recommendations (such as requiring mediation before arbitration of all claims—subject to party opt-out, and introducing a more affordable, live hearing option for small claims); analyzes in more detail a few more controversial suggestions (such as expressly banning class action waivers in customer agreements and increasing the use of explained awards), and critiques the task force’s inability to reach consensus on other hot-button issues, such as mandatory arbitration.
The Outsized Costs Of Investor–State Dispute Settlement,
2016
Columbia Law School, Columbia Center on Sustainable Investment
The Outsized Costs Of Investor–State Dispute Settlement, Lise Johnson, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
The negotiation of several mega-treaties in 2015, including the Trans-Pacific Partnership (TPP), the Trans-Atlantic Trade and Investment Partnership (TTIP), the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and other regional agreements, has generated substantial public discussion about the protections and privileges afforded to multinational enterprises through the investor-state dispute settlement (ISDS) mechanism in these treaties. ISDS has increasingly raised concerns among certain governments and civil society groups, particularly as a growing number of ISDS cases involve investors challenging a range of governmental measures taken in good faith and in the public interest, including measures related to environmental protection, public health …
Mediation Theory Is Only As Good As Its Last Experiment,
2016
Singapore Management University
Mediation Theory Is Only As Good As Its Last Experiment, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the hypothetical question of scientific enquiry and progress in the mediation field is explored.
Principal Investments V. Harrison, 132 Nev. Adv. Op. 2 (Jan. 14, 2016),
2016
Nevada Law Journal
Principal Investments V. Harrison, 132 Nev. Adv. Op. 2 (Jan. 14, 2016), Katherine Maher
Nevada Supreme Court Summaries
The Court held unless the arbitration agreement commits the question to the arbitrator with “clear and unmistakable” language, a litigation-conduct waiver is presumptively for the court to decide because it is a waiver based on active litigation in court. Thus, the district court judge in this case did not err in addressing whether the moving party waived its right to arbitrate, instead of referring the question to the arbitrator.
Gaining Prominence In Dispute Resolution,
2016
University of Maryland Francis King Carey School of Law
Gaining Prominence In Dispute Resolution, Jill Yesko
Maryland Carey Law
No abstract provided.
What We Know (And Need To Know) About Court-Annexed Dispute Resolution,
2016
University of Maryland School of Law
What We Know (And Need To Know) About Court-Annexed Dispute Resolution, Deborah Thompson Eisenberg
Faculty Scholarship
Mediation and other alternative dispute resolution (ADR) processes are now well integrated into the United States judicial system, in both civil and criminal cases. This white paper, drafted for the American Bar Association Commission on the Future of Legal Services, summarizes empirical evidence about the costs and benefits of court-annexed ADR. The first-generation of ADR research found that mediation and other ADR processes resulted in high party satisfaction rates, high settlement rates, cost savings and efficiency, increased long-term cooperation among the parties, and higher compliance rates with the outcome. The paper then examines a ground-breaking study conducted by the Maryland …
The "Nature" Of Legal Dispute Bargaining,
2016
University of Maryland School of Law
The "Nature" Of Legal Dispute Bargaining, Robert J. Condlin
Faculty Scholarship
The longstanding debate over the relative merits of adversarial and communitarian theories of legal dispute bargaining has been in somewhat of a holding pattern for several years, but recent research in the field of cognitive neuroscience may break the logjam. Laboratory experiments and case studies in that field have shown how dispositions and capacities for social cooperation inherited from natural selection and evolution predispose humans to configure disputing as a mixture of argument over factual reality, disagreement over the interpretation of normative standards, and a search for impartial resolutions that protect the interests of everyone involved equally. This neurobiological inheritance …
The Restorative Workplace: An Organizational Learning Approach To Discrimination,
2016
University of Maryland School of Law
The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg
Faculty Scholarship
On the fiftieth anniversary of Title VII of the Civil Rights Act, many employers continue to search for ways to implement the law’s antidiscrimination and equal opportunity mandates into the workplace. The current litigation-based approach to employment discrimination under Title VII and similar laws focuses on weeding out “bad apples” who are explicitly prejudiced. This “victim-villain” paradigm may fail to correct the complex, nuanced causes of workplace discrimination, or exacerbate the problem. This article explores an alternative approach—restorative practices—that may integrate the policy goals of antidiscrimination laws into the practical realities of managing an organization. Restorative practices engage everyone in …
Reflections On "Innovations In Family Dispute Resolution",
2016
University of Maryland School of Law
Reflections On "Innovations In Family Dispute Resolution", Deborah Thompson Eisenberg
Faculty Scholarship
No abstract provided.
Mediation,
2016
Florida A&M University College of Law
Mediation, Legal Clinic Program
Course Descriptions and Information
Students will learn and develop skills crucial to the role of mediators and legal professionals. By focusing and implementing mediation methodologies, students will learn skills of active listening and communications; conflict, issue and interests spotting, information gathering and negotiations techniques; problem-solving strategies and approaches; and effective mediation settlement agreement drafting.
Who Has Benefited Financially From Investment Treaty Arbitration? An Evaluation Of The Size And Wealth Of Claimants,
2016
Osgoode Hall Law School of York University
Who Has Benefited Financially From Investment Treaty Arbitration? An Evaluation Of The Size And Wealth Of Claimants, Gus Van Harten
Osgoode Legal Studies Research Paper Series
We collected data on the size and wealth of the foreign investors that have brought claims and received compensation due to ISDS. Our main findings are that the beneficiaries of ISDS, in the aggregate, have overwhelmingly been companies with more than USD1 billion in annual revenue – especially extra-large companies with more than USD10 billion – and individuals with more than USD100 million in net wealth. ISDS has produced monetary benefits primarily for those companies or individuals at the expense of respondent states. Incidentally, we also found that extra-large companies’ success rates in ISDS, especially at the merits stage, exceeded …
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 18, Iss. 1,
2016
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 18, Iss. 1
Cardozo Journal of Conflict Resolution
No abstract provided.
"Sense Of Access To Justice" As A Framework For Civil Procedure Justice Reform: An Empirical Assessment Of Judicial Settlement Conferences In Quebec (Canada),
2016
Université de Sherbrooke
"Sense Of Access To Justice" As A Framework For Civil Procedure Justice Reform: An Empirical Assessment Of Judicial Settlement Conferences In Quebec (Canada), Jean-François Roberge
Cardozo Journal of Conflict Resolution
An emerging worldwide civil procedure justice reform trend takes the user's point of view into account in order to promote access-tojustice and support for the rule of law. In the Canadian context, the Quebec civil law province has taken the lead to renew its legal culture towards a participatory justice, rooted in fair-minded processes that encourage the persons involved to play an active role. In an effort to monitor such ambitions, carried by the civil procedure code reforms of 2003 and 2014, our paper offers an empirical evaluation through the lens of litigant's "Sense of Access to Justice" ("SA"). We …
