Recent Developments In International Commercial Arbitration In Singapore,
2012
Singapore Management University
Recent Developments In International Commercial Arbitration In Singapore, Warren B. Chik
Warren Bartholomew Chik
No abstract provided.
Judicial Mediation, The Judicial Process And Ch Iii Of The Constitution,
2012
Bond University
Judicial Mediation, The Judicial Process And Ch Iii Of The Constitution, Iain Field
Iain Field
What is judicial mediation, and is it something that Australian judges can or should be doing? A number of commentators have addressed these questions, and a variety of conflicting views have been expressed. This article re-examines judicial mediation from a constitutional perspective. It demonstrates that judicial mediation will ordinarily satisfy the procedural requirements implied by Ch III, and that judges may therefore mediate as a function incidental to the exercise of judicial power. Even to the extent that judicial mediation might not, in practice, satisfy these requirements, it is argued that a constitutional challenge to legislation or rules of court …
Some Too (Or Blessedly) Short Responses To Five Thoughtful Readers,
2012
Pepperdine University
Some Too (Or Blessedly) Short Responses To Five Thoughtful Readers, Sanford Levinson
Pepperdine Law Review
No abstract provided.
Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah,
2012
Pepperdine University
Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg
Pepperdine Law Review
No abstract provided.
The Variable Morality Of Constitutional (And Other) Compromises: A Comment On Sanford
Levinson's Compromise And Constitutionalism,
2012
Pepperdine University
The Variable Morality Of Constitutional (And Other) Compromises: A Comment On Sanford Levinson's Compromise And Constitutionalism, Carrie Menkel-Meadow
Pepperdine Law Review
This comment to Sanford Levinson's Brandeis lecture at Pepperdine focuses on the role and types of compromises made during several stages of constitutional processes, formative and constitutive, interpretive and on-going, as negotiated by Constitutional meaning makers (drafters and Supreme Court 'deciders'), and post hoc justifications. This essay discusses recent work on compromise as institutional design, pragmatic or principled, and regime defining and sustaining. Both the pejorative (compromise is unprincipled) and more positive (compromise accounts for the 'reality' and moral existence of different sides of an issue or polity) understandings of compromise are reviewed, in light of Professor Levinson's scholarship on …
Lessons From Lincoln: A Comment On Levinson,
2012
Pepperdine University
Lessons From Lincoln: A Comment On Levinson, Steven D. Smith
Pepperdine Law Review
No abstract provided.
Compromise And Constitutionalism,
2012
Pepperdine University
Compromise And Constitutionalism, Sanford Levinson
Pepperdine Law Review
Professor Levinson explores compromises (1) that went into the making of the United States Constitution, and (2) that have occurred in the Supreme Court's constitutional interpretation. He explores these compromises in light of Israeli philosopher Avishai Margalit's distinction between bad compromises and rotten compromises. "Rotten compromises" are indefensible except, perhaps, in the most exceptional of conditions. A "rotten political compromise" is one that agrees "to establish or maintain an inhuman regime, a regime of cruelty and humiliation, that is, a regime that does not treat humans as humans." Under this standard, Levinson identifies as rotten compromises the Constitution's protection of …
The Cost Of Compromise And The Covenant With Death,
2012
Pepperdine University
The Cost Of Compromise And The Covenant With Death, Paul Finkelman
Pepperdine Law Review
This article is a rebuttal to the writings of those advocating the view that America was formed through compromise and that compromise in modern constitutional law is, therefore, necessary and beneficial. A recount of the “compromises” at the Constitutional Conventional that eventually led to the approval and protection of slavery begins the analysis establishing the danger of Americans compromising over constitutional protections. The article continues on, discussing the Compromise of 1850 and its drafters whom others have considered “passionately devoted to the Union”, like John Calhoun, who would later assert that the Constitution was expendable. The Compromise of 1850 did …
Introduction: Blessed Are The Compromisers?,
2012
Pepperdine University
Introduction: Blessed Are The Compromisers?, Robert F. Cochran Jr.
Pepperdine Law Review
No abstract provided.
Making Peace And Making Money: Economic Analysis Of The Market For Mediators In Private Practice,
2012
University of Maryland Francis King Carey School of Law
Making Peace And Making Money: Economic Analysis Of The Market For Mediators In Private Practice, Urska Velikonja
Urska Velikonja
Mediation has grown tremendously in the last three decades, yet only a small number of mediators have been able to benefit financially from its growth. The supply of willing mediators by far exceeds the demand for their services. Mediator trainee overoptimism and the lack of formal barriers to entry result in excess entry in the market for mediators. However, the lack of a formal barrier, but the existence of de facto barriers to entry, such as mediator selection practices and specialization, combined with excessive individual optimism, creates inefficiently high levels of entry. This is socially suboptimal: many aspirant mediators spend …
Manifest' Destiny: The Fate Of The 'Manifest Disregard Of The Law' Doctrine After Hall Street V. Mattel,
2012
Pepperdine University
Manifest' Destiny: The Fate Of The 'Manifest Disregard Of The Law' Doctrine After Hall Street V. Mattel, Karly A. Kauf
The Journal of Business, Entrepreneurship & the Law
The Federal Arbitration Act was enacted in 1925 in reaction to widespread judicial resistance to arbitration. While it is difficult to imagine that the drafters of this legislation could have envisioned how prominent arbitration would become in the United States, it is clear that their intention was to ensure that contracts to arbitrate would be enforced and that the intent of the parties would be maintained. In the more than eighty years since the passage of the Act, courts have repeatedly been called on to interpret the Act in order to determine its effect on real world situations. Recently, the …
Class-Less? An Analysis Of The California Supreme Court's Denial Of Employers' Right To Use Class Arbitration Waivers In Employment Agreements In Gentry V. Superior Court,
2012
Pepperdine University
Class-Less? An Analysis Of The California Supreme Court's Denial Of Employers' Right To Use Class Arbitration Waivers In Employment Agreements In Gentry V. Superior Court, Michael B. Cooper
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Arbitration Of Investors' Claims Against Issuers: An Idea Whose Time Has Come,
2012
University of Cincinnati College of Law
Arbitration Of Investors' Claims Against Issuers: An Idea Whose Time Has Come, Barbara Black
Faculty Articles and Other Publications
Ever since the U.S. Supreme Court held that arbitration provisions contained in brokerage customers’ agreements were enforceable with respect to federal securities claims, proposals have been floated to include in an issuer’s governance documents a provision that would require arbitration of investors’ claims against the issuer. To date, however, publicly traded domestic issuers and their counsel have not seriously pursued these proposals, probably because of several legal obstacles to implementation. In addition to these legal obstacles, publicly traded issuers may not have perceived significant advantages to arbitration. Recent legal developments, however, make inclusion of an arbitration provision in a publicly …
Party Autonomy And Access To Justice In The Uncitral Online Dispute Resolution Project,
2012
Univ. Prof. & Dir. Of the Center for International Legal Education, School of Law, University of Pittsburgh
Party Autonomy And Access To Justice In The Uncitral Online Dispute Resolution Project, Ronald A. Brand
Loyola University Chicago International Law Review
No abstract provided.
Ethics In International Arbitration: Traps For The Unwary,
2012
Prof. of Law & Dir. Of International Programs, School of Law, Loyola University of Chicago, Chicago, IL
Ethics In International Arbitration: Traps For The Unwary, Margaret L. Moses
Loyola University Chicago International Law Review
No abstract provided.
Juridical Convergence In International Dispute Resolution: Developing A Substantive Principle Of Transparency And Transnational Evidence Gathering,
2012
Partner, DLA Piper, International Arbitration & Litigation Practice, Miami, FL
Juridical Convergence In International Dispute Resolution: Developing A Substantive Principle Of Transparency And Transnational Evidence Gathering, Pedro J. Martinez-Fraga
Loyola University Chicago International Law Review
No abstract provided.
Arbitrating In The Ether Of Intent,
2012
Pacific McGeorge School of Law
Arbitrating In The Ether Of Intent, Jarrod Wong
McGeorge School of Law Scholarly Articles
The U.S. Supreme Court's jurisprudence interpreting the Federal Arbitration Act (FAA) is incoherent in a respect that is fundamental yet not quite captured in existing legal literature. Specifically, in determining the core question of whether any particular dispute should be resolved by arbitration under the FAA, the Court has stubbornly relied on the concept of the parties' “intent” on the matter. “Intent,” however, is at once elusive and polymorphic. It is elusive because the parties will often not have considered whether the particular issue is arbitrable, much less who—court or arbitrator—should decide that preliminary question. It is polymorphic as rendered …
Dispute Resolution As A Part Of Your Merger Or Your Acquisition Agreement,
2012
Mesirow Financial Consulting, LLC.
Dispute Resolution As A Part Of Your Merger Or Your Acquisition Agreement, Kenneth Mathieu, Vincent (Trace) P. Schmeltz Iii
Michigan Business & Entrepreneurial Law Review
Often overlooked until invoked, the dispute resolution provisions of an acquisition agreement frequently mirror the terms of a lawyer’s last deal. Yet such provisions—including purchase price adjustment clauses, the terms of governing earn-out disputes, and the contract sections outlining the indemnification claims process—often have long-term economic ramifications on the buyers and sellers. In working with corporate lawyers over the years, we have noted that corporate lawyers understand (and give intense thought to) the leverage their clients have, what their clients hope to accomplish in a transaction, and what makes long-term economic sense in drafting an agreement and negotiating more advantageous …
Why American Express V. Italian Colors Does Not Matter And Coordinated Pursuit Of Aggregate Claims May Be A Viable Option After Concepcion,
2012
Balch & Bingham LLP
Why American Express V. Italian Colors Does Not Matter And Coordinated Pursuit Of Aggregate Claims May Be A Viable Option After Concepcion, Gregory C. Cook
University of Michigan Journal of Law Reform Caveat
This Comment suggests that the upcoming decision by the Supreme Court in American Express Co. v. Italian Colors Restaurant will not change the class action landscape. While the plaintiff bar contends that certain public policy goals will be lost as a result of American Express and AT&T Mobility LLC v. Concepcion, this Comment argues that, in the correct circumstances, coordinated individual arbitrations can address at least some of these public policy goals and plaintiff counsel should focus on such coordination efforts (including, for instance, ethically recruiting actually-injured plaintiffs, the use of common plaintiff counsel, the use of common experts, and …
Law – Made In Germany: Global Standort Or Global Standard?,
2012
University of Baltimore School of Law
Law – Made In Germany: Global Standort Or Global Standard?, James Maxeiner
All Faculty Scholarship
Earlier this year the Federal Ministry of Justice released the second edition of the brochure, Law - Made in Germany. For those readers who do not know the brochure, it is the product of an umbrella group of German professional organizations known as the Bündnis für das deutsche Recht. A purpose of the Bündnis, as stated at its founding in 2008, and of the brochure, is to improve the position of German law in the ― "international competition of legal systems" (internationalen Wettbewerb der Rechtsordnungen). Catalyst for founding of the Bündnis and for publication of Law - Made in Germany …
