References
Mandatory Arbitration: Why It’s Better than It Looks
February 8, 2012
This article examines the practical and theoretical pros and cons of mandatory arbitration in employment disputes. The author posits that mandatory arbitration in actual practice is not detrimental to employees and that, for most lower-paid workers, it may constitute their only option in terms of vindicating their contractual and statutory rights. The author further argues that lower-paid employees have had respectable success rates in arbitration, however, ensuring due process remains a challenge.
February 8, 2012
This article examines the practical and theoretical pros and cons of mandatory arbitration in employment disputes. The author posits that mandatory arbitration in actual practice is not detrimental to employees and that, for most lower-paid workers, it may constitute their only option in terms of vindicating their contractual and statutory rights. The author further argues that lower-paid employees have had respectable success rates in arbitration, however, ensuring due process remains a challenge.
On Precarious Ground: Binding Arbitration Clauses, Collective Bargaining Agreements, and Waiver of Statutory Workplace Discrimination Claims Post-Pyett
February 8, 2012
This article discusses the United States District Court for the Southern District of New York's decision in Duraku v. Tishman Speyer Properties, Inc. This article argues that this decision strengthens the control that unions and employers enjoy over employees' claims while moving towards a judicial system in which unionized employees are dependent on unions to arbitrate all claims and lack a judicial forum for such claims.
February 8, 2012
This article discusses the United States District Court for the Southern District of New York's decision in Duraku v. Tishman Speyer Properties, Inc. This article argues that this decision strengthens the control that unions and employers enjoy over employees' claims while moving towards a judicial system in which unionized employees are dependent on unions to arbitrate all claims and lack a judicial forum for such claims.
Criminal Mediation is the BASF of the Criminal Justice System: Not Replacing Traditional Criminal Adjudication, Just Making it Better
February 8, 2012
This article discusses how criminal mediation provides the court system efficiencies by diverting high volume minor crimes cases from court dockets while simultaneously catering to the particular needs underlying each minor crime.
February 8, 2012
This article discusses how criminal mediation provides the court system efficiencies by diverting high volume minor crimes cases from court dockets while simultaneously catering to the particular needs underlying each minor crime.
Transnational Corporations as Steering Subjects in International Economic Law: Two Competing Visions of the Future?
February 8, 2012
This article argues that transnational corporations are becoming important political actors who play an increasingly active role in the progressive development and enforcement of international economic regulatory structures. As evidence of this phenomenon, the author discusses TNCs' frequent use of investment arbitration in the form of mixed dispute settlement, as well as its direct use between host states and foreign investors (mainly TNCs).
February 8, 2012
This article argues that transnational corporations are becoming important political actors who play an increasingly active role in the progressive development and enforcement of international economic regulatory structures. As evidence of this phenomenon, the author discusses TNCs' frequent use of investment arbitration in the form of mixed dispute settlement, as well as its direct use between host states and foreign investors (mainly TNCs).
Street Negotiation: How to Resolve any Conflict Anytime
February 8, 2012
This book uses the most effective strategies to teach anyone who wants someone else to see things their way how to negotiate. The book teaches a variety of skills including: how to gain the upper-hand in negotiating, how to deal with the most difficult people, how to understand nonverbal communication, as well as how to gain rapport and build trust in a negotiation. The easy layout and step-by-step format can be used by anyone in daily life.
February 8, 2012
This book uses the most effective strategies to teach anyone who wants someone else to see things their way how to negotiate. The book teaches a variety of skills including: how to gain the upper-hand in negotiating, how to deal with the most difficult people, how to understand nonverbal communication, as well as how to gain rapport and build trust in a negotiation. The easy layout and step-by-step format can be used by anyone in daily life.
Recent Development, Community State Bank v. Strong
February 8, 2012
The Eleventh Circuit's ruling in Community State Bank v. Strong held that a federal court could exercise subject matter jurisdiction over a petition to compel arbitration if the underlying dispute touches on a federal question. This ruling creates a potential means for out-of-court lenders to use the Federal Arbitration Act to side-step step usury laws, and it deepens a present circuit split.
February 8, 2012
The Eleventh Circuit's ruling in Community State Bank v. Strong held that a federal court could exercise subject matter jurisdiction over a petition to compel arbitration if the underlying dispute touches on a federal question. This ruling creates a potential means for out-of-court lenders to use the Federal Arbitration Act to side-step step usury laws, and it deepens a present circuit split.
The Trail Smelter, the Columbia River, and the Extraterritorial Application of CERCLA
February 8, 2012
The author discusses the international arbitral decisions pertaining to the Trail Smelter, a facility that lies just north of the border between the United States and Canada. In discussing the various dispute resolution forums that were employed in the Trail Smelter dispute, the author outlines the structure of a transboundary environmental dispute, the types of claims available under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), and an analysis of the policy...
February 8, 2012
The author discusses the international arbitral decisions pertaining to the Trail Smelter, a facility that lies just north of the border between the United States and Canada. In discussing the various dispute resolution forums that were employed in the Trail Smelter dispute, the author outlines the structure of a transboundary environmental dispute, the types of claims available under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), and an analysis of the policy...
The Supreme Court of Washington Mistakenly Applies State Law Resulting in Invalidation of Arbitration Provisions in Kruger Clinic Orthopaedics, LLC v. Regence Blueshield
February 8, 2012
Supreme Court of Washington held that an arbitration provision was invalid under state law. The author contends that it was incorrect as a judical expansion of the statute which leads to uncertainty in drafting arbitration provisions.
February 8, 2012
Supreme Court of Washington held that an arbitration provision was invalid under state law. The author contends that it was incorrect as a judical expansion of the statute which leads to uncertainty in drafting arbitration provisions.
After the Ball Is Over: Investor Remedies in the Wake of the Dot-Corn Crash and Recent Corporate Scandals
February 8, 2012
Morrissey analyzes the possibilities for investors to secure relief for their losses in the wake of the dot-com collapses and corporate fraud scandals of the last ten years. The author argues that arbitration of securities disputes can be advantageous for investors because of its inexpensiveness compared to litigation, the informal setting, its subsidization by the securities industry, and its ability to speedily resolve a dispute.
February 8, 2012
Morrissey analyzes the possibilities for investors to secure relief for their losses in the wake of the dot-com collapses and corporate fraud scandals of the last ten years. The author argues that arbitration of securities disputes can be advantageous for investors because of its inexpensiveness compared to litigation, the informal setting, its subsidization by the securities industry, and its ability to speedily resolve a dispute.
Negotiation with Modernity: Amish Dispute Resolution
February 8, 2012
In this note, Miller discusses the Amish community's use of negotiation as a tool for resolving disputes with the outside (English) world. The author examines the history and cultural beliefs of the Amish regarding dispute resolution.
February 8, 2012
In this note, Miller discusses the Amish community's use of negotiation as a tool for resolving disputes with the outside (English) world. The author examines the history and cultural beliefs of the Amish regarding dispute resolution.
