References
Apologies and Legal Settlement: An Empirical Examination
February 8, 2012
The conventional wisdom has been that U.S. legal culture discourages apologies. Defendants worry that apologies will be admissible at trial and interpreted as admissions of responsibility. In recent years, however, legal scholars have debated the merits of encouraging parties to apologize. Proponents of apologies claim that apologies will avert lawsuits and promote settlement. Consistent with this view, legislatures in several states have enacted statutes that make certain apologies inadmissible....
February 8, 2012
The conventional wisdom has been that U.S. legal culture discourages apologies. Defendants worry that apologies will be admissible at trial and interpreted as admissions of responsibility. In recent years, however, legal scholars have debated the merits of encouraging parties to apologize. Proponents of apologies claim that apologies will avert lawsuits and promote settlement. Consistent with this view, legislatures in several states have enacted statutes that make certain apologies inadmissible....
A Proposal for the United States Olympic Committee to Incorporate Formal Mediation Within its Grievance Process
February 8, 2012
The author proposes that the United States Olympic Committee (USOC) adopt and develop an external mediation option as part of the USOC grievance process. Currently, the USOC has an arbitration process and an Athlete Ombudsman who informally mediates disputes between athletes and their sport's National Governing Body. The author argues that external mediation would substantially improve the likelihood of achieving a collaborative and cost-effective outcome.
February 8, 2012
The author proposes that the United States Olympic Committee (USOC) adopt and develop an external mediation option as part of the USOC grievance process. Currently, the USOC has an arbitration process and an Athlete Ombudsman who informally mediates disputes between athletes and their sport's National Governing Body. The author argues that external mediation would substantially improve the likelihood of achieving a collaborative and cost-effective outcome.
A Comment on The Miller Commission Report and the Obligation of Divorce Lawyers for Parents to Discuss Alternative Dispute Resolution with Their Clients
February 8, 2012
The author compares the Kramer v. Kramer case out of New York and the more recent Miller Commission Report to demonstrate how ADR in divorce cases can be effective in cases involving children and custody disputes.
February 8, 2012
The author compares the Kramer v. Kramer case out of New York and the more recent Miller Commission Report to demonstrate how ADR in divorce cases can be effective in cases involving children and custody disputes.
Fixed Justice: Reforming Plea Bargaining with Plea- Based Ceilings
February 8, 2012
The author advocates using a fixed discount system for plea bargaining in America in combination with plea-based ceilings. He discusses benefits of this approach and what would make reform possible. Ceilings limit the sentences, and a fixed discount system discounts the mandatory sentence in exchange for a guilty plea.
February 8, 2012
The author advocates using a fixed discount system for plea bargaining in America in combination with plea-based ceilings. He discusses benefits of this approach and what would make reform possible. Ceilings limit the sentences, and a fixed discount system discounts the mandatory sentence in exchange for a guilty plea.
The Unconscionability Game: Strategic Judging and the Evolution of Federal Arbitration Law
February 8, 2012
The author uses recent changes in arbitration agreements to illustrate how strategic dynamics drive doctrinal change. The author begins by looking at how the Supreme Court's pro-arbitration directives have transformed the FAA. Next, the author examines how lower courts insulate their decisions from unfavorable review by ideologically adverse reviewing courts. Finally, the author looks at how recent decisions have altered the balance of power between state and federal courts as well as courts and arbitrators.
February 8, 2012
The author uses recent changes in arbitration agreements to illustrate how strategic dynamics drive doctrinal change. The author begins by looking at how the Supreme Court's pro-arbitration directives have transformed the FAA. Next, the author examines how lower courts insulate their decisions from unfavorable review by ideologically adverse reviewing courts. Finally, the author looks at how recent decisions have altered the balance of power between state and federal courts as well as courts and arbitrators.
The State of Investor-State Arbitration – Some Reflections on Professor Brower’s Plea for Sensible Principles
February 8, 2012
This article describes how the limited mandate for commercial arbitration tribunals is also present in arbitrations performed under international investment treaties. The author acknowledges the benefits of addressing the six issues that Professor Brower described in improving international arbitrations and examines their application under NAFTA. Upon this application, the author concludes that arbitrations in the NAFTA context favor protecting states as opposed to claimants.
February 8, 2012
This article describes how the limited mandate for commercial arbitration tribunals is also present in arbitrations performed under international investment treaties. The author acknowledges the benefits of addressing the six issues that Professor Brower described in improving international arbitrations and examines their application under NAFTA. Upon this application, the author concludes that arbitrations in the NAFTA context favor protecting states as opposed to claimants.
A Pro-Congress Approach to Arbitration and Unconscionability
February 8, 2012
This article attempts to resolve the controversy surrounding the application of the unconscionability doctrine to arbitration agreements. It tries to rectify the policies of the Federal Arbitration Act with the unconscionability doctrine. The author puts forward his position in trying to resolve this apparent discrepancy in the law.
February 8, 2012
This article attempts to resolve the controversy surrounding the application of the unconscionability doctrine to arbitration agreements. It tries to rectify the policies of the Federal Arbitration Act with the unconscionability doctrine. The author puts forward his position in trying to resolve this apparent discrepancy in the law.
Brother, Can You Spare a Dime? Technology Can Reduce Dispute Resolution Costs When Times Are Tough and Improve Outcomes
February 8, 2012
This article analyzes the ways in which technology mediated dispute resolution (TMDR) can be more efficient and cost-effective than traditional, face-to-face, ADR methods. It specifically looks at online methods and the Cybersettle and Smartsettle programs, both of which are currently available TMDR programs. It concludes by noting the untapped potential of TMDR and calling on practitioners to more readily adopt TMDR.
February 8, 2012
This article analyzes the ways in which technology mediated dispute resolution (TMDR) can be more efficient and cost-effective than traditional, face-to-face, ADR methods. It specifically looks at online methods and the Cybersettle and Smartsettle programs, both of which are currently available TMDR programs. It concludes by noting the untapped potential of TMDR and calling on practitioners to more readily adopt TMDR.
Reducing Estate and Trust Litigation Through Disclosure, in Terrorem Clauses, Mediation and Arbitration
February 8, 2012
This article addresses the problems associated with litigation involving the administration of trusts and estates. The author argues for six ways litigation can be reduced, including via the use of state-enforced, mandatory mediation or arbitration. The article also includes a sample ADR provision.
February 8, 2012
This article addresses the problems associated with litigation involving the administration of trusts and estates. The author argues for six ways litigation can be reduced, including via the use of state-enforced, mandatory mediation or arbitration. The article also includes a sample ADR provision.
Developing a Law/Business Collaboration Through Pace’s Securities Arbitration Clinic
February 8, 2012
The interdisciplinary program shared by the Securities Arbitration Clinic at Pace's Law School and the Pace School of Business is intended to provide a co-curricular learning experience to both J.D. and graduate business students while enhancing legal services provided by the clinic. The authors illustrate how the program meets the needs of clients as well as students, and offers guidance for other schools considering a similar collaboration.
February 8, 2012
The interdisciplinary program shared by the Securities Arbitration Clinic at Pace's Law School and the Pace School of Business is intended to provide a co-curricular learning experience to both J.D. and graduate business students while enhancing legal services provided by the clinic. The authors illustrate how the program meets the needs of clients as well as students, and offers guidance for other schools considering a similar collaboration.
