References
Divorce Child Custody Mediation: In Order to Form a More Perfect Disunion?
February 8, 2012
This article discusses the use of mediation in divorce child custody cases. It discusses concerns about mediation in family law settings, especially those involving domestic abuse, as well as a discussion of the mediation framework in several states. The article suggests that, with appropriate safeguards, mediation is a better way to handle specific cases of divorce child custody than the adversarial process.
February 8, 2012
This article discusses the use of mediation in divorce child custody cases. It discusses concerns about mediation in family law settings, especially those involving domestic abuse, as well as a discussion of the mediation framework in several states. The article suggests that, with appropriate safeguards, mediation is a better way to handle specific cases of divorce child custody than the adversarial process.
Employment Law
February 8, 2012
This article discusses several issues relating to employment law, including the use of arbitration in employment disputes. It specifically focuses on the ability of parties to challenge the arbitrability of disputes and under what circumstances an arbitration award may be vacated.
February 8, 2012
This article discusses several issues relating to employment law, including the use of arbitration in employment disputes. It specifically focuses on the ability of parties to challenge the arbitrability of disputes and under what circumstances an arbitration award may be vacated.
Recapturing Public Power: Is Investment Arbitration’s Engagement of the Public Interest Contributing to the Democratic Deficit?
February 8, 2012
This article argues that international investment treaties that contain arbitration clauses have given arbitrators an expanded role in making public interest decisions. This article addresses concerns with investment arbitration's curtailment of democratic expression through its ability to counter a state's sovereign decision-making authority. The author argues that the lack of public participation limits the efficacy of these public interest decisions and suggests ways to increase public participation.
February 8, 2012
This article argues that international investment treaties that contain arbitration clauses have given arbitrators an expanded role in making public interest decisions. This article addresses concerns with investment arbitration's curtailment of democratic expression through its ability to counter a state's sovereign decision-making authority. The author argues that the lack of public participation limits the efficacy of these public interest decisions and suggests ways to increase public participation.
Three’s Company: Examining the Third-Party Problem Through an Analysis of Bridas S.A.P.I.C. v. Government of Turkmenistan
February 8, 2012
This article examines the problems associated with binding non-signatory parties to international arbitration agreements and proposes enabling arbitrators to resolve these issues through jurisdictional decisions. It analyzes this third-party problem in the context of Bridas S.A.P.I.C. v. Government of Turkmenistan (Fifth Cir.) and argues that the court exacerbated the third-party problem in international arbitration. The article also addresses the problems created for U.S. courts when government...
February 8, 2012
This article examines the problems associated with binding non-signatory parties to international arbitration agreements and proposes enabling arbitrators to resolve these issues through jurisdictional decisions. It analyzes this third-party problem in the context of Bridas S.A.P.I.C. v. Government of Turkmenistan (Fifth Cir.) and argues that the court exacerbated the third-party problem in international arbitration. The article also addresses the problems created for U.S. courts when government...
Second Life Strife: A Proposal for Resolution of In-World Fashion
February 8, 2012
The increase in use of the internet is something that has brought attention to the need for On-Line Dispute Resolution. This article looks at the Fashion Dispute Resolution system as a springboard for guidance in mediation that would make the dispute resolution procedure more efficient.
February 8, 2012
The increase in use of the internet is something that has brought attention to the need for On-Line Dispute Resolution. This article looks at the Fashion Dispute Resolution system as a springboard for guidance in mediation that would make the dispute resolution procedure more efficient.
Fitting the Ethics to the Forum: A Proposal for Process-Enabling Ethical Codes
February 8, 2012
The author proposes that negotiation, like mediaton, arbitration, and litigation, should have its own set of mandatory ethical guidelines. By framing ethical codes as enabling rather than constraining forces, the author maintains that ethical rules for negotiators can help create conditions between parties that are likely to facilitate a positive outcome. Also offered are some basic guidelines for drafters of the new model rules of negotiation.
February 8, 2012
The author proposes that negotiation, like mediaton, arbitration, and litigation, should have its own set of mandatory ethical guidelines. By framing ethical codes as enabling rather than constraining forces, the author maintains that ethical rules for negotiators can help create conditions between parties that are likely to facilitate a positive outcome. Also offered are some basic guidelines for drafters of the new model rules of negotiation.
The Arbitrator’s Duty to Respect the Parties’ Choice of Law in Commercial Arbitration
February 8, 2012
The author aims to demonstrate that mutually agreed-upon choice of law made by parties to an arbitration agreement arising out of a commercial transaction cannot be disregarded, provided there are no extenuating circumstances. She argues that domestic commercial arbitration is more similar to international commercial arbitration than to domestic litigation, and conflict of law rules that apply in international commercial arbitration should therefore apply domestically.
February 8, 2012
The author aims to demonstrate that mutually agreed-upon choice of law made by parties to an arbitration agreement arising out of a commercial transaction cannot be disregarded, provided there are no extenuating circumstances. She argues that domestic commercial arbitration is more similar to international commercial arbitration than to domestic litigation, and conflict of law rules that apply in international commercial arbitration should therefore apply domestically.
Feature Story: Does Our Agent Have the Power?: Extending the Power of Agents to Bind Principals to Arbitration
February 8, 2012
The article discusses scope of power and unsettled issues with respect to preinjury arbitrations in heath care, particularly in nursing home admission contracts. The article addresses which law (state or federal) should govern such arbitration and if agents, with only oral authorization, may bind their principal to arbitration.
February 8, 2012
The article discusses scope of power and unsettled issues with respect to preinjury arbitrations in heath care, particularly in nursing home admission contracts. The article addresses which law (state or federal) should govern such arbitration and if agents, with only oral authorization, may bind their principal to arbitration.
A New Theory Concerning the Credibility and Success of Threats to Sue
February 8, 2012
Negative-expected-value (NEV) suits are ones in which the expected litigation costs exceed the expected judgment. This paper offers a new explanation for the credibility and success of plaintiff with NEV suits. The explanation is based on the fact that litigation costs are generally not incurred all at once but rather over time; this divisibility of the litigation process is shown to play a crucial strategic role. The analysis identifies the conditions under which a plaintiff with an NEV suit will...
February 8, 2012
Negative-expected-value (NEV) suits are ones in which the expected litigation costs exceed the expected judgment. This paper offers a new explanation for the credibility and success of plaintiff with NEV suits. The explanation is based on the fact that litigation costs are generally not incurred all at once but rather over time; this divisibility of the litigation process is shown to play a crucial strategic role. The analysis identifies the conditions under which a plaintiff with an NEV suit will...
Shaping New Legal Frontiers: Dispute Resolution for the Internet
February 8, 2012
Includes detailed case studies of ODR scenarios until 1998, with extra focus on system shortcomings and design pitfalls. (From Journal: Note examines unique factors of online environment that render traditional litigation over disputes impractical. The authors analyze the failure of the Virtual Magistrate Project and determine that lessons can be learned from that experimental approach to develop ADR schemes that will be effective in cyber-based disputes.)
February 8, 2012
Includes detailed case studies of ODR scenarios until 1998, with extra focus on system shortcomings and design pitfalls. (From Journal: Note examines unique factors of online environment that render traditional litigation over disputes impractical. The authors analyze the failure of the Virtual Magistrate Project and determine that lessons can be learned from that experimental approach to develop ADR schemes that will be effective in cyber-based disputes.)
