The Supreme Court Trilogy And Its Impact On U.S. Arbitration Law,
2011
Columbia Law School
The Supreme Court Trilogy And Its Impact On U.S. Arbitration Law, George A. Bermann
Faculty Scholarship
The Supreme Court’s most recent “trilogy” of arbitration law rulings – Stolt-Nielsen, Rent-A-Center and AT&T Mobility v. Concepcion – deserves the lavish attention it has been receiving, as evidenced by the contributions of Tom Stipanowich and Alan Rau in this special issue. Professors Stipanowich and Rau rightly view the three rulings as “of a piece,” revealing a determination on the part of the Court’s majority to enhance the autonomy and effectiveness of arbitration as a dispute resolution mechanism, even at the expense of consumer welfare. The trilogy has the result, and most likely the purpose, of weakening safeguards that …
What Role For “Women,” “Men,” And Transpeople/Intersex People In Gender Equality: A Commentary,
2011
Benjamin N. Cardozo School of Law
What Role For “Women,” “Men,” And Transpeople/Intersex People In Gender Equality: A Commentary, Edward D. Stein
Articles
This has been a very rich opening panel to what promises to be a terrific conference. The panelists' comments go in such varied directions that it is a challenge to be both a commentator and summarizer, especially when I have just a few minutes to speak. What I plan to do is say a little bit to draw together some of the themes that the panelists have been talking about that are connected to a couple of topics I have been working on while at the same time trying to look forward to some of the things I hope we …
Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57,
2010
Nevada Law Journal
Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni
Nevada Supreme Court Summaries
The Nevada Supreme Court denied Goodyear’s request for a rehearing regarding the Court’s ruling in Bahena I.2 Additionally, the Court clarified that evidentiary hearings are not mandatory for non-case concluding sanctions.
Summary Of Saavedra-Sandoval V. Wal-Mart Stores, Inc., 126 Nev. Adv. Op. No. 55,
2010
Nevada Law Journal
Summary Of Saavedra-Sandoval V. Wal-Mart Stores, Inc., 126 Nev. Adv. Op. No. 55, Kammi Rencher
Nevada Supreme Court Summaries
A plaintiff in a tort action appealed from a district court order denying her motion to enlarge time for service of process.
Summary Of Yonker Construction, Inc. V. Hulme, 126 Nev. Adv. Op. 54,
2010
Nevada Law Journal
Summary Of Yonker Construction, Inc. V. Hulme, 126 Nev. Adv. Op. 54, Justin Shiroff
Nevada Supreme Court Summaries
The Court considered an appeal from a district court order expunging a mechanic’s lien under NRS 108.2275.
Summary Of Awada V. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57,
2010
Nevada Law Journal
Summary Of Awada V. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, Magali Calderon
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Moon V. Mcdonald, Carano & Wilson, Llp, 129 Nev. Adv. Op. 56,
2010
Nevada Law Journal
Summary Of Moon V. Mcdonald, Carano & Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenburg
Nevada Supreme Court Summaries
No abstract provided.
Summary Of Wyeth V. Rowatt, 126 Nev. Adv. Op. No. 44,
2010
Nevada Law Journal
Summary Of Wyeth V. Rowatt, 126 Nev. Adv. Op. No. 44, Yam Xiong Li
Nevada Supreme Court Summaries
No abstract provided.
The End Of Mandatory Securities Arbitration?,
2010
Pace University School of Law
The End Of Mandatory Securities Arbitration?, Jill I. Gross
Pace Law Review
No abstract provided.
Summary Of Elyousef V. O’Reilly & Ferrario, Llc, 126 Nev. Adv. Op. No. 43,
2010
Nevada Law Journal
Summary Of Elyousef V. O’Reilly & Ferrario, Llc, 126 Nev. Adv. Op. No. 43, Ashley C. Nikkel
Nevada Supreme Court Summaries
An appeal from a summary judgment in a legal malpractice action.
Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law,
2010
Brigham Young University Law School
Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger
BYU Law Review
No abstract provided.
Redemption And Resistance: Lessons In Non-Violent Action From Early Aotearoa/New Zealand,
2010
Singapore Management University
Redemption And Resistance: Lessons In Non-Violent Action From Early Aotearoa/New Zealand, Ian Macduff
Research Collection Yong Pung How School Of Law
This article provides a brief account of the non-violent resistance of two Maori chiefs, Te Whiti and Tohu, in 19th century New Zealand. Each example of such non-violent or passive resistance is unique to its historical and cultural context; but at the same time there is a tangible common ground between this example and those found elsewhere, such as Martin Luther King and Gandhi. This article will also draw a link between the politics of acts of resistance – in this case, resistance to the forceful acquisition of Maori land – and faith-based justifications. In conclusion, it will be suggested …
C-Drum News, V. 4, No. 1, Fall 2010,
2010
University of Maryland Francis King Carey School of Law
Before You Take A Collaborative Law Case,
2010
University of Missouri School of Law
Before You Take A Collaborative Law Case, John M. Lande
Faculty Publications
Under the Model Rules of Professional Conduct, lawyers have a duty to screen potential Collaborative Law (CL) cases for appropriateness and obtain clients' informed consent to use CL. The duty to screen cases is based on the "reasonableness" requirement of Rule 1.2(c) and the requirement to avoid conflicts of interest that might interfere with competent and diligent representation under Rule 1.7. Both rules require lawyers to obtain clients' informed consent to participate in a CL process. Although the Uniform Collaborative Law Act is not an ethical rule, sections 14 and 15 create relevant duties, including detailed provisions requiring lawyers to …
Helping Good Lawyers Help Clients Make Good Decisions About Dispute Resolution,
2010
University of Missouri School of Law
Helping Good Lawyers Help Clients Make Good Decisions About Dispute Resolution, John M. Lande
Faculty Publications
Counseling clients about dispute resolution options is easier said than done. These can be complex and difficult decisions, and lawyers may not have appropriate resources to help lawyers counsel clients in choosing dispute resolution options. While establishing rules requiring this kind of training may help to remedy this shortcoming, perhaps the most promising involves using dispute systems design (DSD) procedures to establish better ways of training lawyers to counsel clients.
Manifest Disregard And The Imperfect Procedural Justice Of Arbitration,
2010
University of Georgia School of Law
Manifest Disregard And The Imperfect Procedural Justice Of Arbitration, Thomas V. Burch
Scholarly Works
Arbitration is an efficient dispute-resolution system that respects parties’ right to an accurate award. But because arbitration is designed to be efficient, accuracy is not guaranteed. This presents a challenge when courts are asked to confirm or vacate arbitrators’ decisions. Judges dislike approving inaccurate awards, especially in cases where parties have unequal bargaining power. Yet, judges also recognize arbitration’s limited-review principle. So they are forced to balance their desire for accuracy against arbitration’s efficiency policy. Efficiency typically wins at the expense of accurate outcomes.
This Article contends that courts place too much emphasis on the efficiency policy in mandatory arbitration. …
Private Transfer Fee Covenants: Cleaning Up The Mess,
2010
University of Missouri School of Law
Private Transfer Fee Covenants: Cleaning Up The Mess, R. Wilson Freyermuth
Faculty Publications
The purposes for creating a "private transfer fee" covenant range from supporting community services to creating a future revenue stream for the developer. Traditionally, courts examined these covenants using the touch and concern standard. The Restatement (Third) of Property: Servitudes, however, rejects this standard. This Article discusses this new approach as it relates to private transfer fees. The author argues that private transfer fee covenants are contrary to public policy and encourages states to enact legislation limiting the enforcement of these covenants.
Trick Or Treat: The Ethics Of Mediator Manipulation,
2010
Hamline University School of Law
Trick Or Treat: The Ethics Of Mediator Manipulation, Jim Coben, Lela P. Love
Articles
Much of what good mediators do can be characterized as “helpful interventions” that assist the parties towards legitimate goals such as a better understanding, a platform for developing options, and (where the parties choose) an agreement or settlement. However, all such “helpful interventions” are inevitably "manipulative," in the sense that the mediator is, often unilaterally, making “moves” with profound impact on the parties’ bargaining. To evaluate the ethics of any individual move, the authors propose asking two questions: 1) does the move further or help a legitimate party or process goal that advances party self-determination in decision-making; and 2) is …
Court-Annexed Arbitration And Nevada's Unique Penalty Provisions: Introducing An Arbitrator's Findings At A Trial De Novo,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Court-Annexed Arbitration And Nevada's Unique Penalty Provisions: Introducing An Arbitrator's Findings At A Trial De Novo, Paul C. Williams
Nevada Law Journal
No abstract provided.
Four Mediation Stories From Across The Globe,
2010
Singapore Management University
Four Mediation Stories From Across The Globe, Nadja Alexander
Research Collection Yong Pung How School Of Law
In the past 30 years mediation has emerged as a significant dispute resolution narrative around the world. It contains many stories told by different story-tellers -- stories about diverse practices, communities and courts, in creasing institutionalisation, regulation, accreditation, standards, research and theoretical developments. Together these stories weave a tapestry of our social and cultural experience of mediation and define mediation as a narrative, a practice and a profession.
