Dispute Resolution and Arbitration Commons^™

Competing For The Starting Line: How Ombuds Programs Can Help Transgender Student Athletes Participate Under Various State Policies, Drew Fabricius

Journal of Dispute Resolution

No abstract provided.

How The Farmers (Empowerment And Protection) Agreement On Price Assurance And Farm Services Act, 2020 Turns Attempts At Conciliation Into Compulsion, Sydney Bennett

Journal of Dispute Resolution

No abstract provided.

You Have Got To Be Keating Me: Why The Ending Forced Arbitration Of Sexual Assault And Sexual Harassment Act Is A Good Start, Hirsh Joshi

Journal of Dispute Resolution

No abstract provided.

Arbitrator Bias: Why We Should Adopt The Ninth Circuit's Reasonable Impression Standard, Viridiana Marcial

Journal of Dispute Resolution

No abstract provided.

A Review Of The 2021/22 International Moots Season, Siyuan Chen

Research Collection Yong Pung How School Of Law

This is the eighth1 annual review of Singapore’s performance in international moot court competitions.2 An overview of the results for this season is presented at Table #1 below, while Tables #2 and #3 provide a snapshot of the results of the past 10 seasons. Despite the substantial lifting of travel restrictions throughout the world, the 2021/22 international moots season remained a virtually conducted one for many competitions, though competitions such as IP, Stetson, PAX, and WTO saw a much-welcomed return to in-person hearings, allowing students to compete and interact with teams and judges from around the world at places such …

Faculty List

Journal of Dispute Resolution

No abstract provided.

Description

Journal of Dispute Resolution

No abstract provided.

Analyzing The Anatomy Of Innovative Investment Treaty Drafting: The Quest To Safeguard The Right To Regulate, Naimeh Masumy, Carrie Shu Shang

Journal of Dispute Resolution

No abstract provided.

Why Missouri State Courts Should Implement An Online Dispute Resolution Platform To Resolve Traffic Tickets, Warrants And Please, And Misdemeanors, Emma Wormington

Journal of Dispute Resolution

No abstract provided.

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

Legislative Update, Wensdai Brooks, Connor Mcateer, Myca Sutton, Des'aire Taylor, Hannah Williams

Journal of Dispute Resolution

The Legislative Update exists to inform the reader of various state and federal laws passed during the 2021-2022 legislative sessions. More specifically, the statutes discussed below relate to alternative dispute resolution (“ADR”) in its many forms. This is an annual update compiled and written by the Journal of Dispute Resolution’s Associate Members and edited by the Associate Editor-in-Chief. This year represented a wide mix of laws passed—some related to health and safety in a post-pandemic world; others posed solutions to problems relevant before the COVID-19 pandemic. Usually, the Legislative Update is limited exclusively to state legislation. We decided to include …

Appendix A

Journal of Dispute Resolution

Appendix A for article Orienting Toward Party Choice

An Artificial Intelligence Tool For The Selection Of Delay Analysis Technique In Construction, Mostafa Farouk

Theses and Dissertations

The increasing complexity and magnitude of projects impose greater impact of delays on stakeholders. Construction delays are a major source of disputes in construction projects. Since a construction project depends on interactions and shared responsibilities among parties, research works were directed toward identifying delay causes, quantifying their impacts, and proposing ways to deal with them. Several delay analysis techniques (DATs) are available, but when applied to the same project’s delays provide different results. Thus, the selection of the DAT to use in evaluating delays becomes vital. Reviewing the literature, it has been realized that often there are disagreements, which lead …

How The Real Practice Systems Project Can Help Improve Mediation Quality, John M. Lande

Faculty Blogs

Improving mediation quality is tricky. This post describes how the Real Practice Systems Project can help.

Pandemic As Transboundary Harm: Lessons From The Trail Smelter Arbitration, Russell A. Miller

Scholarly Articles

The COVID-19 pandemic has caused incalculable harm around the world. The fact that this immense harm can be traced back to a localized outbreak in or near Wuhan, China, raises questions about the responsibility China might bear for the pandemic under public international law. Famously applied in the seminal Trail Smelter Arbitration (1938/1941), the Transboundary Harm Principle provides that no state can use or allow the use of its territory in a manner that causes significant harm in the territory of other states. This article does not intend to tap into the unseemly, xenophobic spirit that animates much of the …

Unfair By Default: Arbitration's Reverse Default Judgment Problem, Alexi Pfeffer-Gillett

Scholarly Articles

It is a foundational principle of civil law that a defendant who fails to respond to allegations is deemed to have admitted those allegations and can be subjected to default judgment liability. This threat of default judgment incentivizes defendants to respond to claims, thereby discouraging delay tactics and helping ensure cases are resolved efficiently on the merits.

In consumer and employment arbitration, though, the fairness and efficiency benefits of traditional default judgment are flipped, rewarding rather than punishing unresponsive defendants. This difference from civil litigation arises out of arbitration’s fee structures: if a defendant-company fails to pay its share of …

The Dischargeability Of Money Judgements Versus Property Interests In Arbitration Awards For Domestic Contributions In The Context Of Unmarried Couples, Gabriella Hansen

Bankruptcy Research Library

(Excerpt)

A debt which arises prior to the filing of the petition for discharge in bankruptcy is dischargeable unless it can be categorized as one of the statutory exceptions to discharge listed in section 523(a) of title 11 of the United States Code (the “Bankruptcy Code”). Section 523(a)(5) of the Bankruptcy Code prohibits the discharge of awards of domestic support due to a debtor’s spouse, former spouse, or child. Accordingly, maintenance, alimony, and child support, often awarded in divorce proceedings, fall under the federal bankruptcy law statutory exceptions to discharge for domestic support obligations.

When an unmarried couple separates and …

Women In Shareholder Activism, Sarah C. Haan

Seattle University Law Review

Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …

Woke Capital Revisited, Jennifer S. Fan

Seattle University Law Review

Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …

Gender And The Constitutional Theory Of The Firm, Jamee K. Moudud

Seattle University Law Review

This Article adds to the literature that has linked feminist economics to foreign trade and development. It argues that two key factors need to be in place jointly if efforts to promote gender equity are to succeed. On the one hand it argues that foreign debt is an important constraint to domestic progressive social policies of all kinds as it increases the power of international creditors who generally tend to support austerity policies. On the other hand, while alleviating the burden of foreign debt via exportpromotion policies is necessary, it is by no means a sufficient condition to promote domestic …