Labor-Relations Privilege: How Far Can We Tip The Scales To Hide The Truth, The,
2013
University of Missouri School of Law
Labor-Relations Privilege: How Far Can We Tip The Scales To Hide The Truth, The, Joanna L. Byrne
Journal of Dispute Resolution
In order to understand the precise effect the Peterson holding will have on labor-relations law and privilege creation, it is important to first understand how privileges have been created in the past, both traditionally and divergently. Next, it is important to apply the historical context of privilege creation to understand the critical thinking that determines when and how a new privilege should apply. Further, it is important to compare and contrast labor-relations privileges with other privileges in order to create proper limits and application of the labor-relations privilege. Applying this analytical framework to the facts, holding, and reasoning of the …
You Can't Have Your Trust And Defeat It Too: Why Mandatory Arbitration Provisions In Trusts Are Enforceable, And Why State Courts Are Getting It Wrong,
2013
University of Missouri School of Law
You Can't Have Your Trust And Defeat It Too: Why Mandatory Arbitration Provisions In Trusts Are Enforceable, And Why State Courts Are Getting It Wrong, Rachel M. Hirshberg
Journal of Dispute Resolution
This note addresses a recent decision by the Texas State Court of Appeals concerning the enforceability of mandatory arbitration provisions found in testamentary instruments, and specifically, inter vivos trusts. After analyzing the legal background of arbitration, the use of contract principles to analyze both arbitration and trust agreements, and statutory enactments making trust arbitration provisions enforceable, this note will discuss the nuanced relationship between contract principles of construction, arbitration agreements, and trust instruments, and specifically the relationship between trust agreements and contracts. In analyzing these relationships, this note will also address the differences between the statute at issue in Rachal …
Read Between The Lines: Considering The Party Agreement When Determining Arbitrability In Bilateral Investment Treaties,
2013
University of Missouri School of Law
Read Between The Lines: Considering The Party Agreement When Determining Arbitrability In Bilateral Investment Treaties, Ryan Nichols
Journal of Dispute Resolution
This note will discuss the impact party autonomy and limited judicial review of arbitral awards have on the issue of arbitrability, concluding that parties should be held to their agreement despite strict judicial review limitations. It will also discuss the implications of BG Group for the manifest disregard of law doctrine. Furthermore, this note will also attempt to examine the future ramifications this decision may have on other courts and arbitration panels facing a similar issue. It will primarily focus on the role of party autonomy in arbitration and how such party interest analysis should and does supersede other legal …
The Role Of The Ombuds In A Knowledge-Intensive Corporation: A Partner For Conflict Prevention And Mitigation,
2013
American University Washington College of Law
The Role Of The Ombuds In A Knowledge-Intensive Corporation: A Partner For Conflict Prevention And Mitigation, David P. Clark
Working Papers
No abstract provided.
Fostering Climate Change Education In The Central Great Plains: A Public Engagement Approach,
2013
University of Nebraska Public Policy Center
Fostering Climate Change Education In The Central Great Plains: A Public Engagement Approach, Lisa M. Pytlikzillig, Timothy Steffensmeier, Amber Campbell Hibbs, Ben Champion, Eric Hunt, John A. Harrington, Jr., Jacqueline D. Spears, Natalie Umphlett, Tarik Abdel-Monem, Roger Bruning, Daniel Kahl
Lisa PytlikZillig Publications
Despite its increasing importance for sustainability, building widespread competency in the basic principles of climate literacy among the United States general public is a great challenge. This article describes the methods and results of a public engagement approach to planning climate change education in the Central Great Plains of the United States. Our approach incorporated contextual and lay expertise approaches to public engagement with a focus on supporting the self-determination of the specific stakeholder groups–rural producers, educators, and community members. An integration of results from the focus groups reveal that our approach was received positively and elicited a number of …
Community Mediation Of Parenting Disputes Between Estranged Parents,
2013
University of Massachusetts Boston
Community Mediation Of Parenting Disputes Between Estranged Parents, Madhawa Palihapitiya, Kaila Obstfeld Eisenkraft
Massachusetts Office of Public Collaboration Publications
Community mediation, characterized by free or low cost mediation services delivered primarily by volunteer mediators, aims to provide effective dispute resolution services to a broad spectrum of the population, particularly to underserved and low-income populations. The present study seeks to determine whether community mediation fulfills this goal with respect to divorce/separation-related parenting disputes while concomitantly testing the legitimacy of concerns about the quality of mediation services offered according to a community mediation model. Thus, the effectiveness of community mediation in resolving these disputes is measured through indicators reported by mediation participants, such as the population served, mediation results and party …
Foreward,
2013
Penn State Dickinson Law
Judicial Review Of Mediated Settlement Agreements: Improving Mediation With Consent,
2013
Penn State Dickinson Law
Judicial Review Of Mediated Settlement Agreements: Improving Mediation With Consent, Jacqueline M. Nolan-Haley
Arbitration Law Review (2009 - Present)
No abstract provided.
Concluding Remarks,
2013
Penn State Dickinson Law
Concluding Remarks, Thomas Carbonneau
Arbitration Law Review (2009 - Present)
No abstract provided.
Alternative Dispute Resolution And Social Media: How Mandatory Arbitration Clauses Impact Social Networking,
2013
Penn State Dickinson Law
Alternative Dispute Resolution And Social Media: How Mandatory Arbitration Clauses Impact Social Networking, Kelsey L. Swaim
Arbitration Law Review (2009 - Present)
No abstract provided.
Defusing Hydroelectric Brinkmanship: The Indus Waters Treaty's Alternative Dispute Resolution Provisions And Their Role In The Tenuous Peace Between India And Pakistan,
2013
Penn State Dickinson Law
Defusing Hydroelectric Brinkmanship: The Indus Waters Treaty's Alternative Dispute Resolution Provisions And Their Role In The Tenuous Peace Between India And Pakistan, Thomas E. Robins
Arbitration Law Review (2009 - Present)
No abstract provided.
Consumer Financial Services Arbitration: What Does The Future Hold After Concepcion?,
2013
University of Maryland Francis King Carey School of Law
Consumer Financial Services Arbitration: What Does The Future Hold After Concepcion?, Alan S. Kaplinsky, Mark J. Levin
Journal of Business & Technology Law
No abstract provided.
Jewish Law Courts In America: Lessons Offered To Sharia Courts By The Beth Din Of America Precedent,
2013
Emory University School of Law
Jewish Law Courts In America: Lessons Offered To Sharia Courts By The Beth Din Of America Precedent, Michael J. Broyde
Faculty Articles
Although the BDA is now a fifty-year-old organization, its true metamorphosis as an arbitration panel began only in 1996 when it gained autonomy from the Rabbinical Council of America. In the fifteen years since, an independent board of directors has worked with the BDA’s rabbinic leaders to craft an arbitration process that secular courts would feel comfortable upholding. While the BDA’s transformation required some level of compromise within Jewish law itself, the adaptations necessary for judicial acceptance proved to be procedural. Broadly, this meant conforming to the tenets of the Federal Arbitration Act (FAA). More specifically, the BDA’s viability came …
Family Mediation After Hendershott: The Case For Uniform Domestic Violence Screening And Opt-In Provision In Montana,
2013
Alexander Blewett III School of Law at the University of Montana
Family Mediation After Hendershott: The Case For Uniform Domestic Violence Screening And Opt-In Provision In Montana, Eduardo R.C. Capulong
Faculty Law Review Articles
In Hendershott v. Westphal, the Montana Supreme Court held that § 40-4-301(2) of the Montana Code Annotated absolutely bars mediation in family law cases involving domestic violence. Yet neither the Court nor the statute prescribes a method by which to screen for such cases. In this article, the author argues that a uniform, statewide screening method is the only way by which to implement this policy. The author also argues that Hendershott should be interpreted narrowly and Montana should allow parties to opt in to mediation and other forms of alternative dispute resolution. The Court's understanding of domestic violence …
Executive Board,
2013
Penn State Dickinson Law
Weighing (In)Discretion On A Sliding Scale: California Appellate Court Hands Down An Expose Of Modern Approaches To Jurisdiction And Unconscionability,
2013
Penn State Dickinson Law
Weighing (In)Discretion On A Sliding Scale: California Appellate Court Hands Down An Expose Of Modern Approaches To Jurisdiction And Unconscionability, Anthony Rallo
Arbitration Law Review (2009 - Present)
No abstract provided.
Lawyers And Mediation,
2013
Penn State Dickinson Law
Lawyers And Mediation, Brian Rans
Arbitration Law Review (2009 - Present)
No abstract provided.
Like Oil And Vinegar, Sitting Judges And Arbitrators Do Not Mix: Delaware's Unique Attempt At Judicial Arbitration,
2013
Penn State Dickinson Law
Like Oil And Vinegar, Sitting Judges And Arbitrators Do Not Mix: Delaware's Unique Attempt At Judicial Arbitration, Gellaine T. Newton
Arbitration Law Review (2009 - Present)
No abstract provided.
I-Arbitration: Not The Newest Apple(R) Product, But Sharia Law In International Commercial Arbitration,
2013
Penn State Dickinson Law
I-Arbitration: Not The Newest Apple(R) Product, But Sharia Law In International Commercial Arbitration, Thomas Panighetti
Arbitration Law Review (2009 - Present)
No abstract provided.
Introduction,
2013
Texas A&M University School of Law
Introduction, Nancy Welsh
Arbitration Law Review (2009 - Present)
No abstract provided.
