References
Litigation Arbitration: A 2007 Texas Arbitration Review
February 8, 2012
This article is a review of recent Texas case law, which suggests that a nonsignatory may be bound to arbitrate in accordance with an arbitration agreement if it engages in interdependent and concerted misconduct with a signatory. The article begins with a review of Texas procedure and application the Texas Arbitration Act (TAA) and the Federal Arbitration Act (FAA), and concludes with recent case law concerning the enforcement of arbitration agreements.
February 8, 2012
This article is a review of recent Texas case law, which suggests that a nonsignatory may be bound to arbitrate in accordance with an arbitration agreement if it engages in interdependent and concerted misconduct with a signatory. The article begins with a review of Texas procedure and application the Texas Arbitration Act (TAA) and the Federal Arbitration Act (FAA), and concludes with recent case law concerning the enforcement of arbitration agreements.
Structural Obstacles to Settlement of Land Use Disputes
February 8, 2012
This article explores the current problems with settling land use litigation. The author demonstrates that those obstacles to settlement serve few critical functions within the traditional plan model of land use regulation, but they do play a significant role within a more modern model that treats municipal officials as mediators of land use conflicts. The article suggests that within a mediation model, litigation operates to ensure adequate participation in the decision making process. It suggests...
February 8, 2012
This article explores the current problems with settling land use litigation. The author demonstrates that those obstacles to settlement serve few critical functions within the traditional plan model of land use regulation, but they do play a significant role within a more modern model that treats municipal officials as mediators of land use conflicts. The article suggests that within a mediation model, litigation operates to ensure adequate participation in the decision making process. It suggests...
After Lehman: International Response to Financial Disputes- A Focus on Hong Kong
February 8, 2012
This article examines Hong Kong's government-sponsored commercial dispute resolution process. The piece focuses specifically on the use of mediation and arbitration to resolve disputes involving Lehman Brothers Group investors. The article concludes that a multi-tier dispute resolution system provides a potential framework for future investors to seek compensation from negligent financial institutions, first by an expert's decision, then mediation, followed by adjudication or arbitration.
February 8, 2012
This article examines Hong Kong's government-sponsored commercial dispute resolution process. The piece focuses specifically on the use of mediation and arbitration to resolve disputes involving Lehman Brothers Group investors. The article concludes that a multi-tier dispute resolution system provides a potential framework for future investors to seek compensation from negligent financial institutions, first by an expert's decision, then mediation, followed by adjudication or arbitration.
Getting Nothing for Something: When Women Prevail in Employment Arbitration Awards
February 8, 2012
This article discusses the inequality women face in employment. It focuses on the potential difficulties women face in employment arbitration. These difficulties may be based upon arbitrator bias or inability, or other cost barriers to effective arbitration for women. LeRoy emphasizes the importance of obtaining a neutral arbitrator, who is knowledgeable about these particular employment issues, to hear a women's sex discrimination claim.
February 8, 2012
This article discusses the inequality women face in employment. It focuses on the potential difficulties women face in employment arbitration. These difficulties may be based upon arbitrator bias or inability, or other cost barriers to effective arbitration for women. LeRoy emphasizes the importance of obtaining a neutral arbitrator, who is knowledgeable about these particular employment issues, to hear a women's sex discrimination claim.
Lex Loci Arbitri and Annulment of Foreign Arbitral Awards in U.S. Courts
February 8, 2012
This article describes how those countries with secondary jurisdiction under the New York Convention should not prevent enforcement elsewhere when they annual an arbitral award. The author contends that U.S. courts should recognize broader ability to vacate foreign arbitral awards rendered in countries of primary jurisdiction. The exception to this suggestion is when such an award is not covered in an international covenant that approaches vacatur in a more limited manner.
February 8, 2012
This article describes how those countries with secondary jurisdiction under the New York Convention should not prevent enforcement elsewhere when they annual an arbitral award. The author contends that U.S. courts should recognize broader ability to vacate foreign arbitral awards rendered in countries of primary jurisdiction. The exception to this suggestion is when such an award is not covered in an international covenant that approaches vacatur in a more limited manner.
Arbitration, Before and After: Confirming Arbitration Awards: Taking the mystery Out of a Summary
February 8, 2012
This article attmepts to assist practitioners trying to enforce valid and binding arbitration awards by converting them into state or federal court judgments and gives advice on the process and templates of the necessary forms.
February 8, 2012
This article attmepts to assist practitioners trying to enforce valid and binding arbitration awards by converting them into state or federal court judgments and gives advice on the process and templates of the necessary forms.
Privacy and Regulatory Innovation: Moving Beyond Voluntary Codes
February 8, 2012
This article argues for a co-regulatory approach to privacy regulation. In this co-regulatory approach, the government plays a role in setting requirements for industry guidelines and imposes sanctions for non-compliance, while a normative framework developed using negotiated rulemaking is used for evaluating self-regulatory mechanisms.
February 8, 2012
This article argues for a co-regulatory approach to privacy regulation. In this co-regulatory approach, the government plays a role in setting requirements for industry guidelines and imposes sanctions for non-compliance, while a normative framework developed using negotiated rulemaking is used for evaluating self-regulatory mechanisms.
The Judge Who Knew Too Much: Issue Conflicts in International Adjudication
February 8, 2012
This article argues that the impartiality of an adjudicator assigned to multiple disputes in international arbitration may be, or may appear to be, affected if issues in the disputes are similar. The article reviews impartiality standards within international adjudication and arbitration. It concludes by arguing that three factors need to be taken into account when determining impartiality: the proximity of commitment; the depth of involvement; and the timing of the opinion.
February 8, 2012
This article argues that the impartiality of an adjudicator assigned to multiple disputes in international arbitration may be, or may appear to be, affected if issues in the disputes are similar. The article reviews impartiality standards within international adjudication and arbitration. It concludes by arguing that three factors need to be taken into account when determining impartiality: the proximity of commitment; the depth of involvement; and the timing of the opinion.
Shopping Badly: Cognitive Biases, Communications, and the Falacy of the Marketplace of Ideas
February 8, 2012
The model of the _marketplace of ideas
February 8, 2012
The model of the _marketplace of ideas
El Agua No Se Vende: Water is Not For Sale! The Latin American Water Tribunal as a Model for Advancing Access to Water
February 8, 2012
The author uses a case study of the Mazahua water crisis in Mexico and the Latin American Water Tribunal as a dynamic example of how regions can resolve conflicts between resource-commandeering governments and indigenous people.
February 8, 2012
The author uses a case study of the Mazahua water crisis in Mexico and the Latin American Water Tribunal as a dynamic example of how regions can resolve conflicts between resource-commandeering governments and indigenous people.
