References
Teaching and Learning Negotiation in a Stimulated Environmenr
February 8, 2012
This article discusses the process of teaching negotiation courses in law school through experiential learning
February 8, 2012
This article discusses the process of teaching negotiation courses in law school through experiential learning
Reestablishing the Role of Arbitration in Labor Law: Avoiding the Perils of Williams with the Rationale of Pyett
February 8, 2012
This article discusses the effect preemption has on state law claims regarding drug testing policies implemented in professional sports. The author focuses on section 301 of the Labor Management Relation Act (LMRA) and the Eighth Circuit's decision in Williams v. National Football League to argue in favor of reestablishing the role of arbitration for state statutory claims.
February 8, 2012
This article discusses the effect preemption has on state law claims regarding drug testing policies implemented in professional sports. The author focuses on section 301 of the Labor Management Relation Act (LMRA) and the Eighth Circuit's decision in Williams v. National Football League to argue in favor of reestablishing the role of arbitration for state statutory claims.
Volunteers: The Power of Community Mediation
February 8, 2012
This article considers the use of volunteer mediators to reduce costs for community mediation centers (CMCs) and to offer the communities they serve effective and cost effective mediation or facilitation services.
February 8, 2012
This article considers the use of volunteer mediators to reduce costs for community mediation centers (CMCs) and to offer the communities they serve effective and cost effective mediation or facilitation services.
Supreme Court Without a Clue: 14 Penn Plaza LLC v. Pyett and the System of Collective Action and Collective Bargaining Established by the National Labor Relations Act
February 8, 2012
This article argues that the Supreme Court's decision in Penn Plaza has remade the collective-bargaining system in the United States by enforcing an express contractual duty to arbitrate union members' federal statutory individual rights. The paper specifically contends that the Court individualized the interpretation and enforcement of collective-bargaining agreement to the detriment of employers and employees, as nothing will now prevent the arbitration of all federal remedial statutes at issue...
February 8, 2012
This article argues that the Supreme Court's decision in Penn Plaza has remade the collective-bargaining system in the United States by enforcing an express contractual duty to arbitrate union members' federal statutory individual rights. The paper specifically contends that the Court individualized the interpretation and enforcement of collective-bargaining agreement to the detriment of employers and employees, as nothing will now prevent the arbitration of all federal remedial statutes at issue...
Fee Shifting in Investor-State Arbitration: Doctrine and Policy Justifying Application of the English Rule
February 8, 2012
This article addresses treatment of legal costs arising from investor-state arbitration proceedings. The author analyzes the benefits the English rule, which states that an unsuccessful party in a dispute must indemnify the prevailing party for the costs of arbitration. The author provides doctrinal and policy reasons for preferring this rule over the other options for arbitration tribunals.
February 8, 2012
This article addresses treatment of legal costs arising from investor-state arbitration proceedings. The author analyzes the benefits the English rule, which states that an unsuccessful party in a dispute must indemnify the prevailing party for the costs of arbitration. The author provides doctrinal and policy reasons for preferring this rule over the other options for arbitration tribunals.
The Use of the Truth Commission in South Africa as an Alternative Dispute Resolution Mechanism Versus the International Law Obligation
February 8, 2012
The Truth and Reconciliation Commission (TRC), created pursuant to the South African Constitution, has been touted as an alternative model for the resolution of past conflict in a society marked by deep divisions, conflict, and human rights violations. In this article, the author argues that the TRC does not constitute an adequate mechanism under principles of international law for addressing these serious human rights violations.
February 8, 2012
The Truth and Reconciliation Commission (TRC), created pursuant to the South African Constitution, has been touted as an alternative model for the resolution of past conflict in a society marked by deep divisions, conflict, and human rights violations. In this article, the author argues that the TRC does not constitute an adequate mechanism under principles of international law for addressing these serious human rights violations.
Is That All There Is? The Problem in Court-Oriented Mediation
February 8, 2012
The authors seek to bring to light the general problems that arise between the parties in civil, non-family mediation when the parties have differing legal expertise and how lawyers should seek to avoid or correct these issues. Overall, the authors introduce proposals outlining new court programs for mediators and more customized mediation programs.
February 8, 2012
The authors seek to bring to light the general problems that arise between the parties in civil, non-family mediation when the parties have differing legal expertise and how lawyers should seek to avoid or correct these issues. Overall, the authors introduce proposals outlining new court programs for mediators and more customized mediation programs.
The Ongoing Debate about Mediation in the Context of Domestic Violence: A Call for Empirical Studies of Mediation Effectiveness
February 8, 2012
The author focuses on the roughly three-decades-old debate on whether mediation is an appropriate form of family dispute resolution when the parties involved have a history of domestic violence. The article suggests there is an effective method of using mediation to solve such family disputes but claims not enough research is available to determine what the best practices are for mediating these family disputes. A potential study is proposed to provide information on the effectiveness of mediation...
February 8, 2012
The author focuses on the roughly three-decades-old debate on whether mediation is an appropriate form of family dispute resolution when the parties involved have a history of domestic violence. The article suggests there is an effective method of using mediation to solve such family disputes but claims not enough research is available to determine what the best practices are for mediating these family disputes. A potential study is proposed to provide information on the effectiveness of mediation...
Mobile-Home Mania? Protecting Procedurally Fair Arbitration in a Consumer Microcosm
February 8, 2012
The author challenges the procedural sufficiency of arbitrations involving mobile home disputes. Arbitration provisions governing disputes over mobile home defects overwhelmingly favor the institutional defendants over the low-income mobile homeowners. Existing federal and state laws result in arbitration clauses being enforced regardless of the power differentials obviously present. A possible solution to increase fairness is expanding the Mobile Home Improvement Act to provide minimal procedural...
February 8, 2012
The author challenges the procedural sufficiency of arbitrations involving mobile home disputes. Arbitration provisions governing disputes over mobile home defects overwhelmingly favor the institutional defendants over the low-income mobile homeowners. Existing federal and state laws result in arbitration clauses being enforced regardless of the power differentials obviously present. A possible solution to increase fairness is expanding the Mobile Home Improvement Act to provide minimal procedural...
An Unnecessary Consternation: An Analysis of the Future of EU Arbitration in the Wake Of the Wake of the West Tankers Decision
February 8, 2012
The article suggests that the recent West Tankers decision in the European Court of Justice is not a death sentence, but is instead the start of a bright future for arbitration in the EU. The author seeks to quell fears that the West Tankers decision will have catastrophic consequences.
February 8, 2012
The article suggests that the recent West Tankers decision in the European Court of Justice is not a death sentence, but is instead the start of a bright future for arbitration in the EU. The author seeks to quell fears that the West Tankers decision will have catastrophic consequences.
