Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration ,
2012
Pepperdine University
Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration , John P. Cleary
Pepperdine Law Review
No abstract provided.
Preemption: The United States Arbitration Act, The Manifest Disregard Of The Law Test For Vacating An Arbitration Award, And State Courts,
2012
Pepperdine University
Preemption: The United States Arbitration Act, The Manifest Disregard Of The Law Test For Vacating An Arbitration Award, And State Courts, Paul Turner
Pepperdine Law Review
No abstract provided.
Compulsory Employment Arbitration And The Eeoc,
2012
Pepperdine University
Compulsory Employment Arbitration And The Eeoc, Richard A. Bales
Pepperdine Law Review
No abstract provided.
Travel Abroad, Sue At Home 2012: Forum Non Conveniens & The Enforcement Of Forum Selection And Mandatory Arbitration Clauses,
2012
New York Supreme Court, Appellate Division, Second Department
Travel Abroad, Sue At Home 2012: Forum Non Conveniens & The Enforcement Of Forum Selection And Mandatory Arbitration Clauses, Thomas A. Dickerson
Pace Law Review
A common litigation strategy is to sue in the U.S. in federal or state court against a solvent defendant subject to long-arm jurisdiction and the application of U.S. common law or statutory law. Such cases raise a variety of complex liability and procedural issues including liability shifting, jurisdiction, forum non conveniens, and choice of law. This Article will identify various types of travel accidents abroad, and discuss the doctrine of forum non conveniens and the enforceability of forum selection and mandatory arbitration clauses in travel consumer contracts.
Shriftman, Elliott Arbitration Chart,
2012
University of Notre Dame
Shriftman, Elliott Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Bailey, Robert Arbitration Chart,
2012
University of Notre Dame
Bailey, Robert Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Book Review: The Public International Law Regime Governing International Investment, By Jose E. Alvarez, The Hague: Hague Academy Of International Law,
2012
American University Washington College of Law
Book Review: The Public International Law Regime Governing International Investment, By Jose E. Alvarez, The Hague: Hague Academy Of International Law, Susan Franck
Book Reviews
Jose Alverez's recent book, The Public International Law Regime Governing International Investment, places international investment law firmly within the rubric of public international law. Historically, international investment law might have been classified as pure private international law given the private commercial actors and investment activities involved. Alvarez posits that a dichotomous public versus private law paradigm does not work in the context of international investment and makes the implicit explicit by considering investment law’s unique, arguably sui generis, hybrid essence that crosses the public and private international law divides. This book review explores Alvarez's primary thesis and his extended exposition …
C-Drum News, Fall 2012,
2012
University of Maryland Francis King Carey School of Law
Empowering Settlors: How Proper Language Can Increase The Enforceability Of A Mandatory Arbitration Provision In A Trust,
2012
University of Missouri School of Law
Empowering Settlors: How Proper Language Can Increase The Enforceability Of A Mandatory Arbitration Provision In A Trust, S. I. Strong
Faculty Publications
With hostile trust litigation reaching epidemic proportions, many people within the trust industry are interested in identifying new and less expensive ways to resolve trust-related disputes. Arbitration is often proposed as a possible alternative, although questions exist about whether and to what extent a mandatory arbitration provision found in a trust will be considered enforceable by a court. Up until now, most commentary in this area of law has focused on purely jurisprudential issues, with little attention being paid to the practical efforts that settlors can make to increase the enforceability of arbitration provisions found in trusts. This Article takes …
Executive Compensation: In Culture Of Greed And Selfishness, Is There Room For Theory Of "Enough",
2012
University of Missouri - Kansas City, School of Law
Executive Compensation: In Culture Of Greed And Selfishness, Is There Room For Theory Of "Enough", Robert C. Downs
Faculty Works
No abstract provided.
Inching Towards Consensus: An Update On The Uncitral Transparency Negotiations,
2012
Columbia Law School, Columbia Center on Sustainable Investment
Inching Towards Consensus: An Update On The Uncitral Transparency Negotiations, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
From October 1-5, 2012, a working group of the United Nations Commission on International Trade Law (UNCITRAL) met in Vienna to continue work on how to ensure transparency in treaty-based investor-state arbitration. It was the working group’s fifth week-long meeting on the topic, but will not be the last. Although some issues were settled, many very significant ones remain contentious, and will be picked up again by the working group when it meets in February 2013.
Towards A Greater Global Understanding Of What Mediators Do,
2012
Singapore Management University
Towards A Greater Global Understanding Of What Mediators Do, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the western facilitative mediation approach in relation to historical and cross-cultural perspectives is discussed.
Mandatory Predispute Consumer Arbitration, Structural Bias, And Incentivizing Procedural Safeguards,
2012
Texas A&M University School of Law
Mandatory Predispute Consumer Arbitration, Structural Bias, And Incentivizing Procedural Safeguards, Nancy A. Welsh
Faculty Scholarship
Within the past several decades, there has been an explosion in the creation, institutionalization and use of “alternative” dispute resolution procedures. Mandatory predispute arbitration has generated the most controversy because it appears beset with structural bias. The recent cases of AT&T Mobility LLC v. Concepcion and Compucredit Corp. v. Greenwood have raised additional concerns as the Supreme Court has announced that corporations can force consumers to arbitrate their private and statutory claims and give up their rights to pursue class relief. This Article begins by arguing that the Supreme Court’s enthusiastic embrace of mandatory predispute arbitration should be understood primarily …
Who Owes How Much? Developments In Apportionment And Joint And Several Liability Under O.C.G.A. § 51-12-33,
2012
University of Georgia School of Law
Who Owes How Much? Developments In Apportionment And Joint And Several Liability Under O.C.G.A. § 51-12-33, Thomas A. Eaton
Scholarly Works
Without question, O.C.G.A. 51-12-13 as construed in McReynolds and Couch ushers in a new era in Georgia tort law. It topples the old regime in which multiple tortfeasors were held jointly liable when their combined acts of negligence injured an innocent plaintiff. The new regime is one of apportionment and liability limited to one's personal share of fault. Fault may be apportioned when it previously could not. It may be apportioned to those who are immune, to those who are unknown, and even to those who intentionally injure an innocent plaintiff. The practical consequence of this regime change is to …
Employing Arbitration: Flsa Collective Actions Post-Concepcion,
2012
Benjamin N. Cardozo School of Law
Employing Arbitration: Flsa Collective Actions Post-Concepcion, Iliza Bershad
Cardozo Law Review
No abstract provided.
Introduction & Coda, Multi-Party Dispute Resolution, Democracy And Decision Making: Vol. Ii Of Complex Dispute Resolution,
2012
Georgetown University Law Center
Introduction & Coda, Multi-Party Dispute Resolution, Democracy And Decision Making: Vol. Ii Of Complex Dispute Resolution, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
The Complex Dispute Resolution series collects essays on the development of foundational dispute resolution theory and practice and its application to increasingly more complex settings of conflicts in the world, including multi-party and multi-issue decision making, negotiations in political policy formation and governance, and international conflict resolution. Each volume contains an original introduction by the editor, which explores the key issues in the field. All three volumes feature essays which span an interdisciplinary range of fields, law, political science, game theory, decision science, economics, social and cognitive psychology, sociology and anthropology and consider issues in the uses of informal and …
An Analysis Of The Maryland Court Of Special Appeals Adr Division January 2012 Appellate Mediation Program National Questionnaire,
2012
University of Maryland Francis King Carey School of Law
An Analysis Of The Maryland Court Of Special Appeals Adr Division January 2012 Appellate Mediation Program National Questionnaire, Center For Dispute Resolution At University Of Maryland
C-DRUM Publications
No abstract provided.
Leveraging The Mining Industry’S Energy Demand To Improve Host Countries’ Power Infrastructure,
2012
Columbia Law School, Columbia Center on Sustainable Investment
Leveraging The Mining Industry’S Energy Demand To Improve Host Countries’ Power Infrastructure, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for power infrastructure.
Mediation Advocacy For Civil Disputes In The Subordinate Courts: Perspectives From The Bench,
2012
Singapore Management University
Mediation Advocacy For Civil Disputes In The Subordinate Courts: Perspectives From The Bench, Dorcas Quek Anderson, Kenneth Choo
Research Collection Yong Pung How School Of Law
“The New Lawyer: How Settlement is Transforming the Practice of Law” by JulieMacFarlane was reviewed in the May issue of the Law Gazette, in conjunction withthe introduction of a “Presumption of ADR” for civil disputes in the SubordinateCourts. MacFarlane describes the emergence of a new advocacy focusing on holisticproblem-solving. The reviewer posed a series of pertinent questions for theSingapore legal profession, “[W]e are all familiar with the popular notion of litigationlawyers as rights warriors. But the litigation lawyer as a conflict resolver? Is he or shean imaginary character or an emerging reality?”
What’S In A Frame? (Or The Power Of Emotions And Subliminal Messaging),
2012
Singapore Management University
What’S In A Frame? (Or The Power Of Emotions And Subliminal Messaging), Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Mediation Blog, three examples of the power of (re)framing from the perspective of negotiators in a mediation setting is offered.
