Dispute Resolution and Arbitration Commons^™

Federalizing Contract Law, Stephen A. Plass

Lewis & Clark Law Review

Contract law is generally understood as state common law, supplemented by the Second Restatement of Contracts and Article 2 of the Uniform Commercial Code. It is regarded as an expression of personal liberty, anchored in the bargain and consideration model of the 19th century or classical period. However, for some time now, non-bargained or adhesion contracts have been the norm, and increasingly, the adjudication of legal rights and contractual remedies is controlled by privately determined arbitration rules. The widespread adoption of arbitral adjudication by businesses has been enthusiastically endorsed by the Supreme Court as consonant with the Federal Arbitration Act …

So You Are Saying That There’S A Chance: Strategies For Challenging Compelled Arbitration, Elizabeth Graves

Lewis & Clark Law Review

Significant scholarship has been dedicated to recent jurisprudence on arbitration clauses and class action waivers in modern contracts. Given the difficult landscape of legislation and court decisions favoring arbitration, the availability of the class action model as a vehicle for relief has dwindled. Although the prospects for litigants who wish to bring class claims in courts may be daunting, this Note has discovered some strategies that still may prove useful for future litigation.

I reviewed putative class action cases in which a party moved to compel arbitration between January 1, 2017 and April 1, 2019 to identify recent, effective tactics …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 21, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Have Problem-Solving Courts Changed The Practice Of Law?, Cynthia Alkon

Cardozo Journal of Conflict Resolution

No abstract provided.

Henry Schein V. Archver & White: A Lesson In The Importance Of Carefully Drafting An Arbitration Clause, Charles B. Rosenberg

American University Business Law Review

No abstract provided.

Panel Iii: New Parties In Arbitration, American University Business Law Review

American University Business Law Review

No abstract provided.

Arbitration, John Allen Chalk

SMU Annual Texas Survey

No abstract provided.

Negative Identity And Conflict, Jonathan R. Cohen

UF Law Faculty Publications

This article explores an aspect of identity that can be particularly challenging for conflict resolution—negative identity. By negative identity, I mean an identity in which a party implicitly or explicitly defines itself in a negative way, specifically, by way of contrast to some other party. This phenomenon occurs in conflicts ranging from small, interpersonal ones to large-scale conflicts between national, ethnic, and religious groups. Negative identities may make conflicts more likely to arise and also make them more difficult to resolve when they do. Fortunately, there are steps that both parties and neutrals can take to foster conflict resolution in …

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

The Man Behind The Curtain: How Mandatory Arbitration Impedes The Advancement Of Lgbtq+ Rights, Devon M. Loerch

Journal of Dispute Resolution

No abstract provided.

Legal Origin And Court Involvement: A U.S.-Israeli Comparison Of Commercial Arbitration, Annabelle Attias

Journal of Dispute Resolution

No abstract provided.

The International Claims Trade, Kathleen Claussen

Articles

Investments are mobile in the twenty-first century international economy. They are seldom held for their duration by a single owner from a single country. They change hands and they do so for a variety of reasons, often in the course of a dispute. But the scholarship addressing what happens when international investments and legal claims against sovereigns regarding those investments change hands appears only at the margins. The practice of buying and selling claims or claims trading is well known and institutionalized in some areas of domestic litigation. For cross-border investment disputes against sovereigns, however, many of the cases discussing …

Comparative Law And International Dispute Resolution Processes: Looking Forward, Looking Back, S. I. Strong

Faculty Articles

The last few years have been momentous ones in the area of cross–border dispute resolution. Numerous countries have sought to bring the innovations of international commercial arbitration into their national legal systems by creating international business courts operating in English and/or with foreign judges sitting alongside national judges, while other jurisdictions have signed onto new international instruments facilitating the resolution of cross–border legal disputes. One of these agreements—the United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention on Mediation)—came to fruition in record time (a mere five years from start to finish) and with record adherence (an …

Arbitration Of Worker Contracts: New Prime's Proper Statutory Interpretation Of The 1925 Federal Arbitration Act, Margaret L. Moses

Faculty Publications & Other Works

In 1925, the Congress that adopted the Federal Arbitration Act did not intend for it to cover any workers’ contracts. However, this changed dramatically when the Supreme Court determined in Circuit City Stores, Inc. v. Adams (2001) that all workers’ contracts were covered except for transportation workers. Thus, today, thousands of workers are forced into adhesion contracts requiring arbitration. However, the recent unanimous decision of the Supreme Court in New Prime v. Oliveira unequivocally declares that the proper way to interpret the Act is to give it the meaning it had when Congress enacted the statute. This very reasonable conclusion …

Pouring A Little Psychological Cold Water On Online Dispute Resolution, Jean R. Sternlight

Scholarly Works

This Article examines the strengths and weaknesses of ODR (online dispute resolution) from a psychological perspective. It makes five main points:

(1) The phrase ODR is too broad to be useful. This phrase encompasses many different kinds of technology (computer, phone, video, mechanical pencil), many different kinds of dispute resolution (litigation, negotiation, arbitration, mediation), disputes arising in many different contexts (consumer, family, property, tax, employment, etc.), and many different roles (technology as neutral, technology as aide to neutral, technology as aide to disputant, etc.). In order to consider whether and when ODR can be most useful we will need to …

Adr, Dynamic (In)Justice, And Achieving Access: A Foreclosure Crisis Case Study, Lydia Nussbaum

Scholarly Works

This Article proceeds in two parts. Part I argues for a dynamic, rather than fixed, conception of access to justice. It then explores how ADR processes, when placed in this dynamic framework, can create new forms of injustice and intensify preexisting ones. Part II presents a case study from the foreclosure crisis to illustrate how the features of ADR processes are especially well suited to respond to dynamic injustices. It further demonstrates how ADR design must evolve to respond to the dynamic system of (in)justice in which ADR processes operate.

Justice In A Brave New World?, Jean R. Sternlight

Scholarly Works

As science fiction has become reality, we should consider the implications of our new technologies for our system of justice. In addition to DNA, we are now regularly using cameras, geo-tracking, facial recognition software, brain scans, computers, and much more to discern and record our physical and mental surroundings. Existing technology and more we cannot yet imagine will increasingly take the place of often unreliable evidence, such as that provided by eyewitnesses. Yet, we have given far too little thought as to how these advances should impact our civil and criminal dispute resolution systems.

Historically, many justice systems have emphasized …

Rhode Island Council On Postsecondary Education V.Hellenic Society Paideia – Rhode Island Chapter, 202 A.3d 931(R.I. 2019), Jeffery Rankel

Roger Williams University Law Review

No abstract provided.

Taming America's Sugar Rush: A Traffic-Light Label Approach, Alexia Brunet Marks

Publications

Excess added sugar negatively impacts health and can lead to a litany of problems, such as diet-related chronic diseases, e.g., diabetes, cancer, heart disease, and obesity, costing Americans millions in rising medical bills each year. Even more, new studies reveal that individuals with these underlying chronic diseases are at a higher risk of complications from COVID-19 and other viruses compared to those who are deemed healthy. And yet added sugars are difficult to avoid because unlike naturally occurring sugars found in fruits, vegetables, and milk, these sweeteners are added during food processing and preparation.

The problem is that while consumers …

New Prime Inc. V. Oliveira: Putting The Wheels Back On The Faa’S Section 1 Exemption For Transportation Workers, Reed C. Trechter

Oklahoma Law Review

No abstract provided.