State Legislative Update ,
2012
University of Missouri School of Law
State Legislative Update , Lacy Cansler, Daniel Levy, Kelisen Molloy, Henry Tanner
Journal of Dispute Resolution
While on the surface it seems like any legislation helping Americans keep their homes is a good idea, some critics question the effectiveness of these laws. They cite evidence (to be discussed below) showing foreclosure rates do not improve in states with foreclosure mediation laws. Others argue that while it may only be a short-term fix towards the larger problems that ail our economy, foreclosure mediation has shown to be a positive measure that helps many Americans, especially when the law is properly written. This paper will analyze the recent foreclosure mediation laws, and will explore the effectiveness of this …
Property Insurance Appraisal: Is Determining Causation Essential To Evaluating The Amount Of Loss ,
2012
University of Missouri School of Law
Property Insurance Appraisal: Is Determining Causation Essential To Evaluating The Amount Of Loss , Ashley Smith
Journal of Dispute Resolution
While the appraisal procedure is commonly used in property insurance claims, the scope of an appraisal is contested. Courts are divided on whether to allow the determination of causation within an appraisal process. Whether or not to allow the determination of causation in appraisal and the reasoning behind each position can be influential for the majority of state and federal courts who have yet to confront this issue. Outlined below is an overview of the appraisal process within the property insurance context, a distinction of causation from coverage, and courts’ reasoning for allowing or forbidding the determination of causation in …
From Noise To Music: The Potential Of The Multi-Door Courthouse (Casas De Justicia) Model To Advance Systemic Inclusion And Participation As A Foundation For Sustainable Rule Of Law In Latin America ,
2012
University of Missouri School of Law
From Noise To Music: The Potential Of The Multi-Door Courthouse (Casas De Justicia) Model To Advance Systemic Inclusion And Participation As A Foundation For Sustainable Rule Of Law In Latin America , Mariana Hernandez-Crespo
Journal of Dispute Resolution
International bodies have attempted to provide a more sustainable response to instability through legal reform with an emphasis on rule of law, access to justice, and the use of alternative or appropriate dispute resolution. Yet, in Latin America of yesterday and today, there is a marked gap between law on the books and law in action, due in part to lack of citizen engagement.
If It Only Had A Heart: Supreme Court Eschews Compassion For Cash-Strapped Consumers In Upholding The Validity Of Arbitration Clauses In Credit Repair Contracts,
2012
University of Missouri School of Law
If It Only Had A Heart: Supreme Court Eschews Compassion For Cash-Strapped Consumers In Upholding The Validity Of Arbitration Clauses In Credit Repair Contracts, Collin Koenig
Journal of Dispute Resolution
in CompuCredit Corp. v. Greenwood, the Supreme Court was faced with the issue of whether consumers' claims under the CROA can be resolved through contractually required arbitration, or whether the language of the statute requires resolution between credit repair organizations and consumers may include enforceable arbitration agreements. This note criticizes the Supreme Court's reasoning, partly inspired by Justice Ginsburg's dissent. In enforcing arbitrability of CROA disputes, the Court has acted contrary to Congress' purposes of the Act: to ensure that consumers are making an "informed decision" when dealing with CROs and to protect consumers from deceptive credit repair services. In …
Faa Versus The Magnuson - Moss Warranty Act: Which Warrants Precedence, The,
2012
University of Missouri School of Law
Faa Versus The Magnuson - Moss Warranty Act: Which Warrants Precedence, The, Tyler Beckerle
Journal of Dispute Resolution
These questions have proven to be a formidable foe for the judiciary. Moreover, courts and commentators have been divided as to what answer will produce the best policy. In 2002, the discussion seemed to be headed toward conclusion after the Fifth and Eleventh Circuits found that the FAA should trump the MMWA in the event of statutory conflict. However, with the Ninth Circuit’s decision in Kolev v. Euromotors West/The Auto Gallery, this polarizing issue has once again become a focus in American jurisprudence. While the Ninth Circuit has recently withdrawn Kolev sua sponte, it is doubtful that the Ninth Circuit …
Private Resolution Of Public Disputes: Employment, Arbitration, And The Statutory Cause Of Action,
2012
Oklahoma State University, Spears School of Business
Private Resolution Of Public Disputes: Employment, Arbitration, And The Statutory Cause Of Action, Griffin Toronjo Pivateau
Pace Law Review
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/contract continuum. My understanding of the nature of arbitration agreements relies on a previously existing area of employment law. There is a particular aspect of the employment relationship that, while open to contract, remains subject to constraints imposed by the law. A noncompete agreement permits an employee to contract with his employer to not work for a competitor following the termination of the employment relationship. This right to contract away the right to compete is, however, narrowly construed by the court system. A court may …
“Waiving” Goodbye To Arbitration:
A Contractual Approach,
2012
Washington and Lee University School of Law
“Waiving” Goodbye To Arbitration: A Contractual Approach, Paul Bennett Iv
Washington and Lee Law Review
No abstract provided.
Class Actions: Settlement, Approval; Res Judicata; Claims Administration And Cy-Pres Awards,
2012
Osgoode Hall Law School of York University
Class Actions: Settlement, Approval; Res Judicata; Claims Administration And Cy-Pres Awards, Janet Walker
Conference Papers
No abstract provided.
Alternative Dispute Resolution Design In Financial Markets—Some More Equal Than Others: Hong Kong's Proposed Financial Dispute Resolution Center In The Context Of The Experience In The United Kingdom, United States, Australia, And Singapore,
2012
University of Washington School of Law
Alternative Dispute Resolution Design In Financial Markets—Some More Equal Than Others: Hong Kong's Proposed Financial Dispute Resolution Center In The Context Of The Experience In The United Kingdom, United States, Australia, And Singapore, Shahla F. Ali, Antonio Da Roza
Washington International Law Journal
Systems of financial dispute resolution currently operate in most major financial centers throughout the world. As such systems expand and develop to address a growing number of finance-related disputes, they must inevitably address the question of their role and function in financial market regulation. Such questions are rooted in the larger socio-legal dispute processing debate examining how institutional dispute resolution mechanisms effectively regulate the repeat player knowledge/power gap through appropriate policies and procedures. Using the example of Hong Kong in comparison with financial dispute resolution models currently in existence in the United Kingdom, Australia, Singapore, and the United States, this …
Trips And Bits: An Essay On Compulsory Licenses, Expropriation, And International Arbitration,
2012
University of Georgia Law School
Trips And Bits: An Essay On Compulsory Licenses, Expropriation, And International Arbitration, Peter B. Rutledge
Scholarly Works
This essay examines the potential for arbitration to resolve disputes between private companies and developing countries over the propriety of compulsory licenses. At bottom, my thesis is that arbitration supplies the medium through which to mediate the tension between the profit-seeking goals of private multinational companies and the development goals of foreign nations, especially in the developing world. The compulsory license debate raises a clash of fundamental interests between the patent holder, the patent holder’s state, and the host state. Arbitration can play an important role in balancing those interests, albeit a highly unusual one. Arbitration provides an essential forum …
Confrontation Or Conciliation: Does Science Have The Answer?,
2012
Singapore Management University
Confrontation Or Conciliation: Does Science Have The Answer?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post, I want to talk about an important thread that is emerging in the science of the twenty-first century. It is the finding that we are all interconnected, that we are porous beings with the ability to influence not only ourselves but one another in ways not previously contemplated. What we previously knew as real, that is the Cartesian duality of mind and body and the notion of separateness in relation to individuals and objects is a fast-fading myth. This new paradigm for understanding and experiencing the world has profound implications for our approach to conflict. It suggests …
Confrontation Or Conciliation: Does Science Have The Answer?,
2012
Singapore Management University
Confrontation Or Conciliation: Does Science Have The Answer?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post I want to talk about an important thread that is emerging in the science of the twenty-first century. It is the finding that we are all interconnected, that we are porous beings with the ability to influence not only ourselves but one another in ways not previously contemplated. What we previously knew as real, that is the Cartesian duality of mind and body and the notion of separateness in relation to individuals and objects, is a fast-fading myth (Damasio 1994, 1999, BenZion 2010).This new paradigm for understanding and experiencing the world has profound implications for our approach …
The Private Enforcement Of Public Laws In Armendariz V. Foundation Health Psychcare Services,
2012
Pepperdine University
The Private Enforcement Of Public Laws In Armendariz V. Foundation Health Psychcare Services, Jennifer Lafond
Pepperdine Law Review
No abstract provided.
Sports Law Arbitration By Cas: Is It The Same As International Arbitration?,
2012
Pepperdine University
Sports Law Arbitration By Cas: Is It The Same As International Arbitration?, Richard H. Mclaren
Pepperdine Law Review
No abstract provided.
Leveraging Extractive Industry Infrastructure Investments For Broad Economic Development: Regulatory, Commercial And Operational Models For Railways And Ports,
2012
Columbia Law School, Columbia Center on Sustainable Investment
Leveraging Extractive Industry Infrastructure Investments For Broad Economic Development: Regulatory, Commercial And Operational Models For Railways And Ports, 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 mineral railways and ports.
Managing Expectations: Beyond Formal Adjudication,
2012
American University Washington College of Law
Managing Expectations: Beyond Formal Adjudication, Susan Franck
Scholarly Articles in Law Reviews & Journals
The international investment system has depended heavily on international arbitration to provide guidance and clarification on the standards contained in international investment agreements. In order to assess the system realistically, this commentary discusses unpacking stakeholder expectations by recognizing where expectations may have been overly optimistic and thinking systematically about the mechanisms through which to capture and manage regulatory discretion. This article evaluates ideas expressed by Anne van Aaken and Bart Legum, which consider different ways to achieve regulatory and commercial balance, and offers a lens for thinking systematically about managing stakeholder expectations in the international investment system. A critical issue …
Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts,
2012
Singapore Management University
Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts, Joyce Low, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This article traces the development of court ADR programmes in the SubordinateCourts for civil disputes. It also discusses the implications of a recent PracticeDirection introducing a “Presumption of ADR”.
Excessive Or Warranted? The Unshackling Of Discovery Sanctions In Lee V. Max International, Llc,
2012
Brigham Young University Law School
Excessive Or Warranted? The Unshackling Of Discovery Sanctions In Lee V. Max International, Llc, Daniel S. Mehr Iii
BYU Law Review
No abstract provided.
Summary Of Jones V. Suntrust Mortgage, Inc., 128 Nev. Adv. Op. 18,
2012
Nevada Law Journal
Summary Of Jones V. Suntrust Mortgage, Inc., 128 Nev. Adv. Op. 18, Rami Hernandez
Nevada Supreme Court Summaries
An appeal from a district court order denying judicial review in a foreclosure mediation matter.
Cooperative Bargaining Styles At Fmcs: A Movement Toward Choices ,
2012
Pepperdine University
Cooperative Bargaining Styles At Fmcs: A Movement Toward Choices , Carolyn Brommer, George Buckingham, Steven Loeffler
Pepperdine Dispute Resolution Law Journal
The Federal Mediation and Conciliation Service ("FMCS") was created in 1947. While an array of subsequent statutory enactments have expanded the FMCS charter, the core mission of FMCS has been, and remains, to assist labor and management to settle their disputes through mediation as well as to promote the development of sound and stable labor management relationships. The vision of how that mission will be realized has changed significantly in response to changes in our society, to expanded knowledge of conflict resolution and labor relations, and to lessons gathered by the nation's mediators over a half-century of work with collective …
