Election Law And Civil Discourse: The Promise Of Adr,
2012
University of Kentucky College of Law
Election Law And Civil Discourse: The Promise Of Adr, Joshua A. Douglas
Law Faculty Scholarly Articles
This Article was the result of a Symposium that explored the potential promises of alternative dispute resolution (“ADR”) for resolving election law disputes. Both election law and ADR scholars opined on how ADR can help to achieve various goals for deciding contentious election law cases. My focus in this essay is narrower: I suggest that employing some features of ADR to resolve election disputes can help to improve the civil discourse of our elections and our political culture. That is, certain aspects of ADR can assist in reducing caustic language in election law judicial decisions, in the media’s reporting of …
Resolving Disputed Elections Through Negotiation,
2012
St. Mary’s University School of Law
Resolving Disputed Elections Through Negotiation, Rishi Batra
Faculty Articles
Could a disputed election—one in which the winner is not clear and the result is within the "margin of litigation"—be resolved through a negotiated result? Given the "winner take all" nature of these elections, where one candidate ends up holding the office, and all others do not, it would seem that negotiated solutions and other alternative dispute resolution techniques would have no application. This article explores why self-interested candidates and their associated parties may be interested in a negotiated outcome, what the scope of such an agreement could look like, and how to overcome barriers to such a negotiated result.
Document Production In International Arbitration: A Critique From 'Across The Pond',
2012
Partner, International Arbitration Group, Fox Williams, London England
Document Production In International Arbitration: A Critique From 'Across The Pond', Peter Ashford
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.
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.
American Exceptionalism In Consumer Arbitration,
2012
Prof. of Law, School of Law, University of Colorado
American Exceptionalism In Consumer Arbitration, Amy J. Schmitz
Loyola University Chicago International Law Review
No abstract provided.
Pre-Tribunal Emergency Relief In International Commercial Arbitration,
2012
Loyola University Chicago, School of Law
Pre-Tribunal Emergency Relief In International Commercial Arbitration, Erin Collins
Loyola University Chicago International Law Review
No abstract provided.
The Irony Of At&T V. Concepcion,
2012
University of Missouri - Kansas City, School of Law
The Irony Of At&T V. Concepcion, Colin P. Marks
Faculty Works
This Essay explores the possible dual readings of Concepcion in light of the FAA and its interpretation, including Supreme Court precedents. This Essay concludes that though there is support for interpreting the Concepcion decision narrowly, it is more likely that a broader interpretation was intended, but the metes and bounds of this opinion have yet to be explored. Nonetheless, under this broad interpretation, the effect on consumers will be to discourage individuals from seeking redress for their claims. Indeed, the decision may actually encourage businesses to breach contractual obligations with impunity when the individual sums owed are too small to …
What Constitutes An "Agreement In Writing" In International Commercial Arbitration? Conflicts Between The New York Convention And The Federal Arbitration Act,
2012
University of Missouri School of Law
What Constitutes An "Agreement In Writing" In International Commercial Arbitration? Conflicts Between The New York Convention And The Federal Arbitration Act, S. I. Strong
Faculty Publications
This article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an international arbitration agreement or award in a U.S. federal court. This issue has recently given rise to both a circuit split and a petition for certiorari to the U.S. Supreme Court, and involves matters of formal validity as well as federal subject matter jurisdiction. The problem arises out of subtle differences in the way an “agreement in writing” is defined in the Federal Arbitration Act (FAA) and the 1958 United Nations Convention on the Recognition and Enforcement of Foreign …
Mandatory Arbitration Of Internal Trust Disputes: Improving Arbitrability And Enforceability Through Proper Procedural Choices,
2012
University of Missouri School of Law
Mandatory Arbitration Of Internal Trust Disputes: Improving Arbitrability And Enforceability Through Proper Procedural Choices, S. I. Strong
Faculty Publications
Trusts and their civil law equivalents, often known as foundations or associations, play a large and increasing role in the global economy, holding trillions of dollars worth of assets and generating billions of dollars worth of revenue and trustees’ fees annually. Once considered nothing more than “mere” estate planning devices, trusts are now more often seen in commercial rather than in private contexts, and often feature sophisticated financial institutions as professional trustees. With favorable tax laws in various off-shore jurisdictions making international trusts increasingly popular and hostile trust litigation reaching epidemic proportions, arbitration would seem to be many parties’ dispute …
Mending The Fracture: Bringing Parties Together On High Volume Hydraulic Fracturing Through Alternative Dispute Resolution,
2012
New York State Energy Research and Development Authority
Mending The Fracture: Bringing Parties Together On High Volume Hydraulic Fracturing Through Alternative Dispute Resolution, Allison Rose
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Teaching Students To Negotiate Like A Lawyer,
2012
University of Missouri School of Law
Teaching Students To Negotiate Like A Lawyer, John M. Lande
Faculty Publications
Some important stages might include: (1) initial client interview, (2) negotiation of a retainer agreement, (3) developing good working relationships with counterpart lawyers, (4) conducting factual investigation and/or legal research, (5) working with counterparts to plan the negotiation process, (6) resolving discovery disputes, (7) preparing client for negotiations, (8) conducting an ultimate negotiation, (9) engaging a mediator and mediating the matter, and (10) drafting a settlement agreement. This essay suggests that by using both single-stage and multi-stage simulations, instructors can better prepare students for negotiations that they will actually conduct in practice. These suggestions grow out my book, Lawyering with …
The Kids Are Not All Right: Mandating Peer Mediation As A Proactive Anti-Bullying Measure In Schools,
2012
Yeshiva University, Cardozo School of Law
The Kids Are Not All Right: Mandating Peer Mediation As A Proactive Anti-Bullying Measure In Schools, Jon M. Philipson
Cardozo Journal of Conflict Resolution
Part I of this Article briefly details the current state of the bullying epidemic in America and the responding programs, other than peer mediation, which collectively have failed to empower students or failed to resolve underlying interpersonal conflicts. Part II explains peer mediation, addressing its processes, its effectiveness, and its weaknesses. Exploring further the criticism of peer mediation as inconsistent with relationships defined by dominance, Part III explores, in relation to mediation, the parallels between the culture of bullying and the culture of domestic violence. Concluding that peer mediation is not a panacea for resolving bullying, Part IV discusses the …
Conflicts As Inner Trials: Transitions For Clients, Ideas For Lawyers,
2012
University of Florida, Levin College of Law
Conflicts As Inner Trials: Transitions For Clients, Ideas For Lawyers, Jonathan R. Cohen
Cardozo Journal of Conflict Resolution
As times of transition, conflicts often produce significant inner trials for parties. This paper categorizes some of the more common inner trials parties in conflict face (e.g., coping with loss, strong emotions, uncertainty, etc.) and suggests that, as liminal times in people's lives, some conflicts may also hold within them important opportunities for learning, growth and self-definition. This paper also offers some ideas for how lawyers might best assist clients during such transitions.
Wisdom And Conflict Resolution: A Possible Framework For Integrated Practice,
2012
DePauw University
Wisdom And Conflict Resolution: A Possible Framework For Integrated Practice, Rachel Goldberg, Brian Blancke
Cardozo Journal of Conflict Resolution
What would it look like to practice in a way that fully supported not only the cognitive and emotional intelligence of practitioners and parties, but their somatic and spiritual intelligence as well? Good practice is more than strong technique and knowledge. Good work depends on intention, presence, and a connection with parties. The authors argue that for interveners and parties, conflict involves all four dimensions of human understanding. Given the systemic nature of conflict intervention, the authors explore what multi-dimensional practice might look like, and propose a new multi-dimensional framework grounded in current work. The article includes practice examples showing …
Mediation Over Prosecution: The Right Approach To Increasing School Attendance In Baltimore City,
2012
University of Maryland Francis King Carey School of Law
Mediation Over Prosecution: The Right Approach To Increasing School Attendance In Baltimore City, Franklin Branch
Student Articles and Papers
No abstract provided.
Tribal Rituals Of The Mdl: A Comment On Williams, Lee, And Borden, Repeat Players In Multidistrict Litigation,
2012
Benjamin N. Cardozo School of Law
Tribal Rituals Of The Mdl: A Comment On Williams, Lee, And Borden, Repeat Players In Multidistrict Litigation, Myriam E. Gilles
Articles
No abstract provided.
Cruises, Class Actions, And The Court,
2012
Harvard Law School
Cruises, Class Actions, And The Court, David Korn, David Rosenberg
University of Michigan Journal of Law Reform Caveat
As the Carnival Triumph debacle splashed across the national consciousness, lawyers shook their heads. Sensationalist news coverage exposed common knowledge in the legal community: cruise passengers have little recourse against carriers, and, as a result, they often bear the brunt of serious physical and financial injuries. Cruise lines, escaping legal accountability for their negligence, sail off undeterred from neglecting passenger safety on future voyages. While its previous decisions helped entrench this problem, a recently argued case presents the Supreme Court with another opportunity to address it.
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 …
At&T Mobility And Faa Over-Preemption,
2012
Elisabeth Haub School of Law at Pace University
At&T Mobility And Faa Over-Preemption, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
The Supreme Court's recent arbitration law decisions reflect the Court's strong support for arbitration agreements, but also severely limit the states’ powers to police the fairness of arbitration. In particular, the Court’s decision in AT&T Mobility v. Concepcion, LLC expands the FAA preemption doctrine beyond its prior boundaries, signaling how far the Court is willing to go to support arbitration clauses at the expense of states’ rights and the values of federalism. This article explores the impact of AT&T Mobility on the preemption of state arbitration law, and the concomitant impact on the balance between state and federal power in …
