References
When Perception Changes Reality: An Empirical Study of Investors’ Views of the Fairness of Securities Arbitration
February 8, 2012
This article argues that although the process of arbitration in securities contracts has procedural safeguards for fairness, due to the perception of bias by the investors and their lack of faith in the arbitration process, reforms are needed.
February 8, 2012
This article argues that although the process of arbitration in securities contracts has procedural safeguards for fairness, due to the perception of bias by the investors and their lack of faith in the arbitration process, reforms are needed.
Substantive Fairness in Securities Arbitration
February 8, 2012
This article discusses how securities arbitration needs procedures that apply substantive legal principles in order to achieve fairness. The article also asserts that present-day securities arbitration only applies substantive law sporadically and inconsistently.
February 8, 2012
This article discusses how securities arbitration needs procedures that apply substantive legal principles in order to achieve fairness. The article also asserts that present-day securities arbitration only applies substantive law sporadically and inconsistently.
Note, The Demise of Class Actions Will Not be Televised
February 8, 2012
The note begins with a discussion of the background and common law leading to the rise of compulsory arbitration clauses and class action n waivers in consumer contracts. The author goes on the claim that the current trend is to cut against class waivers and then questions whether arbitration is a feasible method to resolve major consumer disputes in a fair and just manner.
February 8, 2012
The note begins with a discussion of the background and common law leading to the rise of compulsory arbitration clauses and class action n waivers in consumer contracts. The author goes on the claim that the current trend is to cut against class waivers and then questions whether arbitration is a feasible method to resolve major consumer disputes in a fair and just manner.
Rediscovering Subjectivity in Contracts: Adhesion and Unconscionability
February 8, 2012
The author's premise is that the concept of objectivity has made both the adhesion and unconscionability doctrines of convenience helpful in fine- tuning the concept of objectivity in the libertarian model. The article asserts that the purpose of both doctrines is to save the objective theory of contracts from troublesome over breadth. One of its illustrations discusses the role of arbitration clauses in employment contracts in the Armendariz and Carnival Cruise Lines cases.
February 8, 2012
The author's premise is that the concept of objectivity has made both the adhesion and unconscionability doctrines of convenience helpful in fine- tuning the concept of objectivity in the libertarian model. The article asserts that the purpose of both doctrines is to save the objective theory of contracts from troublesome over breadth. One of its illustrations discusses the role of arbitration clauses in employment contracts in the Armendariz and Carnival Cruise Lines cases.
The Transnational Law Market, Regulatory Competition and Transnational Corporations
February 8, 2012
The author discusses the rise of the transnational corporation and the changes this brings with respect to dispute resolution, company law, contract law, and corporations, especially private arbitration, the author finds that the expansion of choice of law opportunities, for transnational corporations has greatly increased the options for legal arbitrage.
February 8, 2012
The author discusses the rise of the transnational corporation and the changes this brings with respect to dispute resolution, company law, contract law, and corporations, especially private arbitration, the author finds that the expansion of choice of law opportunities, for transnational corporations has greatly increased the options for legal arbitrage.
The Secret to Success: An Examination of New York State Mediation Related Litigation
February 8, 2012
The author argues that New York's approach to mediation is successful and should be considered by other states that are faced with high percentages of enforcement litigation.
February 8, 2012
The author argues that New York's approach to mediation is successful and should be considered by other states that are faced with high percentages of enforcement litigation.
The Gacaca Experiment: Rwanda’s Restorative Dispute Resolution Response to the 1994 Genocide
February 8, 2012
The article describes the program adopted by the Rwandan government in the wake of the 1994 genocide, which is based on the Rwandan traditional customary dispute resolution system and provides reconciliation as well as prosecution components. The author sees the process as an important contribution to the ADR field in that it utilizes customary justice processes adapted by the government to address peace and reconciliation issues.
February 8, 2012
The article describes the program adopted by the Rwandan government in the wake of the 1994 genocide, which is based on the Rwandan traditional customary dispute resolution system and provides reconciliation as well as prosecution components. The author sees the process as an important contribution to the ADR field in that it utilizes customary justice processes adapted by the government to address peace and reconciliation issues.
Settlement Conference Judge- Legal Lion or Problem Solving Lamb: An Empirical Documentation of Judicial Settlement Conference Practices and Techniques
February 8, 2012
Settlements play an increased role in modern litigation. Judges employ a diverse range of methods in reaching a settlement and are motivated by a variety of factors. The survey addressed in this Article aims to track these methods and factors and convey this data to litigators and judges for whom settlement negotiations are an increasingly prevalent part of their practices.
February 8, 2012
Settlements play an increased role in modern litigation. Judges employ a diverse range of methods in reaching a settlement and are motivated by a variety of factors. The survey addressed in this Article aims to track these methods and factors and convey this data to litigators and judges for whom settlement negotiations are an increasingly prevalent part of their practices.
Lawyers’ Bargaining Ethics, Contract, and Collaboration: The End of the Legal Profession and the Beginning of Professional Pluralism
February 8, 2012
This Article combines contractarian economics and traditional ethical theory to argue for a revision of the legal profession's codes of ethics. That revision would replace the existing uniform conception of the lawyer's role with a more heterogeneous profession in which lawyers and clients could contractually choose the ethical obligations under which they wanted to operate. This contract model of legal ethics, in which lawyers could opt in and out of various ethical constraints, would lead to greater...
February 8, 2012
This Article combines contractarian economics and traditional ethical theory to argue for a revision of the legal profession's codes of ethics. That revision would replace the existing uniform conception of the lawyer's role with a more heterogeneous profession in which lawyers and clients could contractually choose the ethical obligations under which they wanted to operate. This contract model of legal ethics, in which lawyers could opt in and out of various ethical constraints, would lead to greater...
Getting Paid: Processing the Labor Disputes of China’s Migrant Workers
February 8, 2012
This article argues that informal mediation is the most effective form of dispute resolution for migrant workers claiming unpaid wages. It compares litigation and mediation in China and concludes with potential models for reforming China's labor dispute resolution system.
February 8, 2012
This article argues that informal mediation is the most effective form of dispute resolution for migrant workers claiming unpaid wages. It compares litigation and mediation in China and concludes with potential models for reforming China's labor dispute resolution system.
