References
Interlocutory Review of Litigation-Avoidance Claims: Insight From Appeals Under The Federal Arbitration Act
February 8, 2012
This article explains the interlocutory appeals process provided in the Federal Arbitration Act and how this process has created significant problems. Section 16(a) of the Federal Arbitration Act provides the grounds for this process and after a thorough analysis of this section, the author suggests a more effective analysis of potential error costs of the appeals process.
February 8, 2012
This article explains the interlocutory appeals process provided in the Federal Arbitration Act and how this process has created significant problems. Section 16(a) of the Federal Arbitration Act provides the grounds for this process and after a thorough analysis of this section, the author suggests a more effective analysis of potential error costs of the appeals process.
Exploring Economic and Democratic Theories of Civil Litigation: Differences Between Individual and Organizational Litigants in the Disposition of Federal Civil Cases
February 8, 2012
This article distinguishes individual and organizational litigants and discusses how party makeup can affect the rate at which cases are addressed. Hadfield illustrates that little attention is paid to the differences in the types of cases that are handled in ADR forums.
February 8, 2012
This article distinguishes individual and organizational litigants and discusses how party makeup can affect the rate at which cases are addressed. Hadfield illustrates that little attention is paid to the differences in the types of cases that are handled in ADR forums.
The World Bank’s Inspection Panel: Promoting True Accountability Through Arbitration
February 8, 2012
This article discusses the failure of the World Bank's Inspection Panel in assuring accountability and adherence to lending rules. The article proposes an arbitration process to resolve community claims against the Bank for noncompliance with its own policies and procedures.
February 8, 2012
This article discusses the failure of the World Bank's Inspection Panel in assuring accountability and adherence to lending rules. The article proposes an arbitration process to resolve community claims against the Bank for noncompliance with its own policies and procedures.
From Face-to-Face to Screen-to-Screen: Real Hope or True Fallacy?
February 8, 2012
This article deals with the growing field of Online Dispute Resolution (ODR). The article presents a review of legal scholarship and its analysis of ODR, including ODR's advantages and disadvantages. Additionally, it analyses data on how the dispute resolution setting-face to face or online- impacts the participants' perception of the other party and overall process, and how these perceptions influence outcomes.
February 8, 2012
This article deals with the growing field of Online Dispute Resolution (ODR). The article presents a review of legal scholarship and its analysis of ODR, including ODR's advantages and disadvantages. Additionally, it analyses data on how the dispute resolution setting-face to face or online- impacts the participants' perception of the other party and overall process, and how these perceptions influence outcomes.
Mandating Minimum Quality in Mass Arbitration
February 8, 2012
This article assess the arbitration of securities and investment claims and the modem world of new or mass standardized arbitration that has emerged after the Supreme Court's pro-arbitration jurisprudence. This article advocates government-mandated imposition of procedural and substantive ground rules to ensure the fair and effective operation of new or mass arbitration and proposes mandated minimum procedural and substantive requirements to correct problems brought on by inadequate oversight of mass...
February 8, 2012
This article assess the arbitration of securities and investment claims and the modem world of new or mass standardized arbitration that has emerged after the Supreme Court's pro-arbitration jurisprudence. This article advocates government-mandated imposition of procedural and substantive ground rules to ensure the fair and effective operation of new or mass arbitration and proposes mandated minimum procedural and substantive requirements to correct problems brought on by inadequate oversight of mass...
Roadblocks to the Road Map: A Negotiation Theory Perspective on the Israeli-Palestinian Conflict After Yasser Arafat
February 8, 2012
This article analyzes the ongoing Israeli-Palestinian negotiations. Part II of the article defines and describes negotiation concepts and applies them to the Israeli-Palestinian negotiations. The authors then discuss and analyze the roadblocks to a successful outcome and strategies for overcoming them. The article concludes with a proposal. of how the United States can use this information to broker a successful peace negotiation.
February 8, 2012
This article analyzes the ongoing Israeli-Palestinian negotiations. Part II of the article defines and describes negotiation concepts and applies them to the Israeli-Palestinian negotiations. The authors then discuss and analyze the roadblocks to a successful outcome and strategies for overcoming them. The article concludes with a proposal. of how the United States can use this information to broker a successful peace negotiation.
What Makes Securities Arbitration Different from Other Consumer and Employment Arbitration
February 8, 2012
There are similarities between securities arbitration and adhesive arbitration, such as consumer and employment arbitration. This article discusses how securities arbitration differs from other types of adhesive arbitration. The author emphasizes what makes consumer and employment arbitration in the securities industry different from consumer and employment arbitration generally.
February 8, 2012
There are similarities between securities arbitration and adhesive arbitration, such as consumer and employment arbitration. This article discusses how securities arbitration differs from other types of adhesive arbitration. The author emphasizes what makes consumer and employment arbitration in the securities industry different from consumer and employment arbitration generally.
Why Law and Economics’ Perfect Rationality Should Not Be Traded for Behavioral Law and Economics’ Equal Incompetence
February 8, 2012
The emerging movement within legal scholarship known as behavioral law and economics seeks to replace the perfect rationality assumption found in law and economics with an equal incompetence assumption: drawing on empirical research in psychology and behavioral economics, behavioral law and economics scholars assert that all people systematically fall prey to biases and errors in their judgment and decision-making and that these biases and errors lead to predictable irrational behaviors. Adopting...
February 8, 2012
The emerging movement within legal scholarship known as behavioral law and economics seeks to replace the perfect rationality assumption found in law and economics with an equal incompetence assumption: drawing on empirical research in psychology and behavioral economics, behavioral law and economics scholars assert that all people systematically fall prey to biases and errors in their judgment and decision-making and that these biases and errors lead to predictable irrational behaviors. Adopting...
The Brains Behind Mediation Reflections on Neuroscience, Conflict Resolution and Decision-Making
February 8, 2012
The author seeks to raise an awareness of how mediation is affected by scientific discoveries in fields ranging from cognitive-behavioral psychology and neuropsychology to molecular biology. While these past discoveries of scientific phenomena have provided information that may help explain certain aspects of mediation, the article concludes that the dispute resolution community must maintain a dedication to understanding future neuroscience discoveries in order to provide new clues on improving...
February 8, 2012
The author seeks to raise an awareness of how mediation is affected by scientific discoveries in fields ranging from cognitive-behavioral psychology and neuropsychology to molecular biology. While these past discoveries of scientific phenomena have provided information that may help explain certain aspects of mediation, the article concludes that the dispute resolution community must maintain a dedication to understanding future neuroscience discoveries in order to provide new clues on improving...
Competing for Capital: The Diffusion of Bilateral Investment Treaties, 1960-2000
February 8, 2012
The author discusses bilateral investment treaties and their expansion from 1960 to 2000. Particularly, the author explains the expansion and rise of these investment treaties with respect to the fact that they are an alternative source of confidence and protection for foreign investors.
February 8, 2012
The author discusses bilateral investment treaties and their expansion from 1960 to 2000. Particularly, the author explains the expansion and rise of these investment treaties with respect to the fact that they are an alternative source of confidence and protection for foreign investors.
