Remedy Without Diagnosis: How To Optimize Results By Leveraging The Appropriate Dispute Resolution And Shared Decision-Making Process,
2020
University of St. Thomas School of Law
Remedy Without Diagnosis: How To Optimize Results By Leveraging The Appropriate Dispute Resolution And Shared Decision-Making Process, Mariana Hernandez-Crespo Gonstead
Fordham Law Review
This Article aims to realize the untapped potential of the dispute resolution field beyond traditional understandings of access to justice for everyone’s benefit. It argues that, by developing skills, citizens can significantly contribute to altering the course of history in our global economy, especially in Latin America and Venezuela. It introduces and familiarizes citizens with the knowledge developed in the dispute resolution field for the past fifty years. As a new field, dispute resolution is rapidly growing and evolving. Even though the knowledge produced is vital to help us interact more effectively, the materials are complex, dispersed, and, in some …
Measuring “Access To Justice” In The Rush To Digitize,
2020
University of Missouri School of Law
Measuring “Access To Justice” In The Rush To Digitize, Amy J. Schmitz
Fordham Law Review
Access to Justice (A2J) is the hot topic of the day, energizing Twitter and judges alike. Meanwhile, professors and policymakers join in song, singing the praises of online dispute resolution (ODR) as means for expanding A2J. This is because ODR uses technology to allow for online claim diagnosis, negotiation, and mediation without the time, money, and stress of traditional court processes. Indeed, courts are now moving traffic ticket, condominium, landlord/tenant, personal injury, debt collection, and even divorce claims online. The hope is that online triage and dispute resolution systems will provide means for obtaining remedies for self-represented litigants (SRLs) and …
Access To Justice And Dispute Resolution Across Cultures,
2020
Pepperdine Caruso School of Law
Access To Justice And Dispute Resolution Across Cultures, Sukhsimranjit Singh
Fordham Law Review
There is a saying in the United States: the justice one receives is the justice one can afford. All too often, this saying proves true for both lower- and middle-class individuals. For the greatly impoverished, the access to justice crisis is twofold: part of the problem is knowing when to seek legal help and another is ensuring adequate delivery of legal assistance on request. Middle- class individuals face a different challenge, as they surpass the income threshold for free civil public legal aid but cannot afford the rising costs of conventional litigation. The problem persists across different cultures. This Article …
Bringing Transparency And Accountability (With A Dash Of Competition) To Court-Connected Dispute Resolution,
2020
Texas A&M University School of Law
Bringing Transparency And Accountability (With A Dash Of Competition) To Court-Connected Dispute Resolution, Nancy A. Welsh
Fordham Law Review
Among the various dispute resolution processes, mediation is the most widely institutionalized in American courts. As a result, this Article focuses primarily, although not exclusively, on the data collected and disseminated regarding court-connected mediation. The Article begins with a brief description of the institutionalization of mediation and other dispute resolution processes in the federal judicial system and in select U.S. state court systems. This narrative reveals substantial reference to the availability of mediation but a dizzying patchwork in terms of institutionalization and a significant lack of system-wide information in some states. The Article then focuses on the data that these …
Roger That: Calling An Audible On The Nfl Commissioner’S Final Authority Over Player Disciplinary Matters As The 2020 Cba Re-Negotiation Looms,
2020
Penn State Dickinson Law
Roger That: Calling An Audible On The Nfl Commissioner’S Final Authority Over Player Disciplinary Matters As The 2020 Cba Re-Negotiation Looms, Kyle Yager
Arbitration Law Review (2009 - Present)
No abstract provided.
The Courts, Not The Arbitrator, Must Decide Class Arbitrability Unless Clearly And Unmistakably Granted In The Arbitration Agreement: A Comment On 20/20 Communs., Inc. V. Crawford,
2020
Penn State Dickinson Law
The Courts, Not The Arbitrator, Must Decide Class Arbitrability Unless Clearly And Unmistakably Granted In The Arbitration Agreement: A Comment On 20/20 Communs., Inc. V. Crawford, Andrew Peretin
Arbitration Law Review (2009 - Present)
No abstract provided.
The Final Frontier: Are Class Action Waivers In Broker-Dealer Employment Agreements Enforceable?,
2020
Penn State Dickinson Law
The Final Frontier: Are Class Action Waivers In Broker-Dealer Employment Agreements Enforceable?, Jill I. Gross
Arbitration Law Review (2009 - Present)
No abstract provided.
The Role Of Arbitration In Securing An Israeli-Egyptian Energy Hub,
2020
Penn State Dickinson Law
The Role Of Arbitration In Securing An Israeli-Egyptian Energy Hub, Hannah D. Goodwin
Arbitration Law Review (2009 - Present)
No abstract provided.
The Hague Rules On Business And Human Rights Arbitration: What The Drafters Got Right And Wrong,
2020
Penn State Dickinson Law
The Hague Rules On Business And Human Rights Arbitration: What The Drafters Got Right And Wrong, Kelsey Berndt
Arbitration Law Review (2009 - Present)
No abstract provided.
Too Big To Arbitrate? Class Actions Waivers, Adhesive Arbitration, And Their Effects On Antitrust Litigation,
2020
Penn State Dickinson Law
Too Big To Arbitrate? Class Actions Waivers, Adhesive Arbitration, And Their Effects On Antitrust Litigation, Matt Rubinoff
Arbitration Law Review (2009 - Present)
No abstract provided.
Characteristics And Professional Practices Of Labor And Employment Neutrals,
2020
Penn State Dickinson Law
Characteristics And Professional Practices Of Labor And Employment Neutrals, Dr. Mark D. Gough
Arbitration Law Review (2009 - Present)
No abstract provided.
Labor Unions, Cartelization, And Arbitration: Replacing At-Will Employment With Arbitration Of Employee Grievances,
2020
Penn State Dickinson Law
Labor Unions, Cartelization, And Arbitration: Replacing At-Will Employment With Arbitration Of Employee Grievances, Stephen J. Ware
Arbitration Law Review (2009 - Present)
No abstract provided.
"Reasoned" Arbitration Awards,
2020
Penn State Dickinson Law
"Reasoned" Arbitration Awards, Steven Hooten, Richard Bales
Arbitration Law Review (2009 - Present)
No abstract provided.
Making Employment Arbitration Fair And Accessible,
2020
Penn State Dickinson Law
Making Employment Arbitration Fair And Accessible, Theodore J. St. Antoine
Arbitration Law Review (2009 - Present)
No abstract provided.
Third Circuit Court Of Appeals Expands Protected Class Under Section One Of The Faa To Include Workers Who Transport Passengers: A Comment On Singh V. Uber Technology, Inc.,
2020
Penn State Dickinson Law
Third Circuit Court Of Appeals Expands Protected Class Under Section One Of The Faa To Include Workers Who Transport Passengers: A Comment On Singh V. Uber Technology, Inc., Patrick Ouellette
Arbitration Law Review (2009 - Present)
No abstract provided.
Consumer Redress Through Online Dispute Resolution: The Role Of Online Dispute Resolution In Facilitating Consumer Access To Justice In E-Commerce,
2020
Penn State Dickinson Law
Consumer Redress Through Online Dispute Resolution: The Role Of Online Dispute Resolution In Facilitating Consumer Access To Justice In E-Commerce, Patrick Brogan
Arbitration Law Review (2009 - Present)
No abstract provided.
Addressing Corruption Allegations In International Arbitration,
2020
Penn State Dickinson Law
Addressing Corruption Allegations In International Arbitration, Ginger Snapp
Arbitration Law Review (2009 - Present)
No abstract provided.
American Diversity In International Arbitration: A New Arbitration Story Or Evidence Of Things Not Seen,
2020
University of Toledo College of Law
American Diversity In International Arbitration: A New Arbitration Story Or Evidence Of Things Not Seen, Benjamin G. Davis
Fordham Law Review
This Essay suggests that the unseen presence of blacks and other underrepresented groups (such as women, minorities, LGBTQ individuals, and persons with disabilities) in the shadows of the development of international arbitration law in the United States helps us to see that diversity, while unrecognized, has been inherent in American international arbitration for hundreds of years.
Foreword: Achieving Access To Justice Through Adr: Fact Or Fiction?,
2020
Fordham University School of Law
Foreword: Achieving Access To Justice Through Adr: Fact Or Fiction?, Jacqueline Nolan-Haley
Fordham Law Review
This Symposium will offer a critical analysis of ADR’s access to justice claims and consider the extent to which they should be more modest. An outstanding group of scholars have addressed this question in a variety of contexts, including procedural and substantive justice; restorative justice; arbitration; mediation; online dispute resolution (ODR); and international, comparative, and cross-cultural perspectives.
Online Resources And Family Cases: Access To Justice In Implementation Of A Plan,
2020
University of Nebraska College of Law
Online Resources And Family Cases: Access To Justice In Implementation Of A Plan, Kristen M. Blankley
Fordham Law Review
This Article discusses access to justice in the implementation of orders in family cases. Parenting, financial, and other types of family court orders may last up to eighteen or twenty-one years in the case of minor children or longer in the case of protected adults. In the case of financial obligations, these orders set forth ongoing requirements to make monthly payments (such as child support, alimony, and medical expense reimbursements) and to maintain other financial obligations (such as maintaining health insurance, daycare expenses, and payment of costs for extracurricular activities). Most importantly, these court orders allocate parenting time, which may …
