References
The Magnuson-Moss Warranty Act, the Federal Arbitration Act, and the Future of Consumer Protection
February 8, 2012
This article examines the tension between the Magnuson-Moss Warranty Act (MMWA) and the Federal Arbitration Act (FAA). Part I of this note provides background information on MMWA and FAA, as well as the Chevron doctrine of agency deference and the McMahon doctrine favoring arbitration. Part II examines the tensions between the conflicting statutes and doctrines, arguing the McMahon test should be applied before the Chevron test and that Congress intended to preclude binding arbitration. Part III argues...
February 8, 2012
This article examines the tension between the Magnuson-Moss Warranty Act (MMWA) and the Federal Arbitration Act (FAA). Part I of this note provides background information on MMWA and FAA, as well as the Chevron doctrine of agency deference and the McMahon doctrine favoring arbitration. Part II examines the tensions between the conflicting statutes and doctrines, arguing the McMahon test should be applied before the Chevron test and that Congress intended to preclude binding arbitration. Part III argues...
Surf’s Up: The Implications of Tort Liability in the Unregulated Sport of Surfing
February 8, 2012
This article examines and advocates the application of ADR to surfer liability accidents.
February 8, 2012
This article examines and advocates the application of ADR to surfer liability accidents.
Unconscionability Wars
February 8, 2012
This article discusses the controversy surrounding the application of the unconscionability doctrine to arbitration agreements in the context of the Federal Arbitration Act. It goes on to challenge the anti-court and anti-unconscionability theories, explaining that the statute neither strips judges of the power to apply unconscionability nor excludes unconscionability completely.
February 8, 2012
This article discusses the controversy surrounding the application of the unconscionability doctrine to arbitration agreements in the context of the Federal Arbitration Act. It goes on to challenge the anti-court and anti-unconscionability theories, explaining that the statute neither strips judges of the power to apply unconscionability nor excludes unconscionability completely.
Note, Meet Me in the Middle: The Time is Ripe for Tennessee to Adopt the Uniform Collaborative Law Act
February 8, 2012
This article argues that Tennessee should adopt the new Uniform Collaborative Law Rules and Act because it actively addresses ethical considerations in collaborative law, will give greater legitimacy to the practice, and its ethical provisions square with those in the Tennessee Rules of Professional Conduct. The article outlines collaborative law's journey to its current popularity, discusses concerns about the ethic aspects of collaborative law, examines states' attempts to regulate these ethical...
February 8, 2012
This article argues that Tennessee should adopt the new Uniform Collaborative Law Rules and Act because it actively addresses ethical considerations in collaborative law, will give greater legitimacy to the practice, and its ethical provisions square with those in the Tennessee Rules of Professional Conduct. The article outlines collaborative law's journey to its current popularity, discusses concerns about the ethic aspects of collaborative law, examines states' attempts to regulate these ethical...
A Pragmatic Look at Mediation and Collaborative Law as Alternative to Family Law Litigation
February 8, 2012
This comment discusses the general problems with litigating family law issues and describes how mediation and collaborative law are preferable alternatives to resolving family law disputes
February 8, 2012
This comment discusses the general problems with litigating family law issues and describes how mediation and collaborative law are preferable alternatives to resolving family law disputes
Physician Collective Bargaining: State Legislation and the State Action Doctrine
February 8, 2012
The legislatures in Alaska, New Jersey, and Texas enacted laws that charged the Attorney General with the responsibility for authorizing joint negotiations among health care providers when the market structure indicated it was warranted. This legislation was enacted in response to the fear that access to high quality health care services at reasonable prices would be threatened by the monopsony power of large managed care plans.
February 8, 2012
The legislatures in Alaska, New Jersey, and Texas enacted laws that charged the Attorney General with the responsibility for authorizing joint negotiations among health care providers when the market structure indicated it was warranted. This legislation was enacted in response to the fear that access to high quality health care services at reasonable prices would be threatened by the monopsony power of large managed care plans.
Shortcomings of Neutrality in Mediation: Solutions Based on Rationality
February 8, 2012
The authors argue that much of the conventional wisdom about mediation is based on the concept of neutrality
February 8, 2012
The authors argue that much of the conventional wisdom about mediation is based on the concept of neutrality
No J.D. Required: The Critical Role and Contributions of Non-Lawyer Mediators
February 8, 2012
The author argues that mediation experts' position that non-lawyers lack the skill to evaluate the legal positions of parties and thus cannot effectively mediate is erroneous. The article contends that possession of a law degree is not necessary for effective mediation, and that non-lawyers can make important contributions to the mediation field.
February 8, 2012
The author argues that mediation experts' position that non-lawyers lack the skill to evaluate the legal positions of parties and thus cannot effectively mediate is erroneous. The article contends that possession of a law degree is not necessary for effective mediation, and that non-lawyers can make important contributions to the mediation field.
Mediation as a Calling: Addressing the Disconnect Between Mediation Ethics and the Practices of Lawyer Mediators
February 8, 2012
The purpose of this article is to outline the problem of the apparent disconnect between mediation's core values and the predominant practices disconnect between mediation's core values and the predominant practices Conduct for Mediators and The Association for Conflict Resolution.
February 8, 2012
The purpose of this article is to outline the problem of the apparent disconnect between mediation's core values and the predominant practices disconnect between mediation's core values and the predominant practices Conduct for Mediators and The Association for Conflict Resolution.
Comment, Lessons from China?: Keeping Divorce Rates Low in the Modern Era
February 8, 2012
One of the major differences between China's divorce laws and the United States' divorce laws occurs in the stages before the couple reaches adjudication. In China, mediation is often required. Generally, a couple is allowed to utilize the courts only after a consensus cannot be reached through mediation techniques and a judge may decide that it is necessary for the couple to pursue additional mediation.
February 8, 2012
One of the major differences between China's divorce laws and the United States' divorce laws occurs in the stages before the couple reaches adjudication. In China, mediation is often required. Generally, a couple is allowed to utilize the courts only after a consensus cannot be reached through mediation techniques and a judge may decide that it is necessary for the couple to pursue additional mediation.
