References
Constitutional History, Federal Arbitration and Seamen’s Rights Sinking in a Sea of Sweatshop Labor
February 8, 2012
The author examines federal appellate court decisions holding that the maritime claims of foreign seamen may be removed from state court to federal court if they qualify for federal arbitration. The author argues that, not only does this interpretation remove foreign seamen from the international law of nations, but also removes them from the protections of traditional American maritime law and is contrary to Supreme Court precedent.
February 8, 2012
The author examines federal appellate court decisions holding that the maritime claims of foreign seamen may be removed from state court to federal court if they qualify for federal arbitration. The author argues that, not only does this interpretation remove foreign seamen from the international law of nations, but also removes them from the protections of traditional American maritime law and is contrary to Supreme Court precedent.
Market Solutions to Market Problems: Re-Examining Arbitral Immunity as a Solution to Unfairness in Securities Arbitration
February 8, 2012
This article describes common complaints regarding unfairness of the securities arbitration process and offers a model for addressing such complaints. The author argues that arbitrators need to be stripped of their absolute immunity from civil actions for damages resulting from their misconduct or legal errors. It is argued that this measure, as opposed to any regulatory solution, will tap market forces as a more effective way to achieve the desired fairness.
February 8, 2012
This article describes common complaints regarding unfairness of the securities arbitration process and offers a model for addressing such complaints. The author argues that arbitrators need to be stripped of their absolute immunity from civil actions for damages resulting from their misconduct or legal errors. It is argued that this measure, as opposed to any regulatory solution, will tap market forces as a more effective way to achieve the desired fairness.
Bargaining in the Shadow of Violence: The NPT, IAEA, and Nuclear Non-Proliferation Negotiations
February 8, 2012
This article assesses the impact of the Nuclear Non-Proliferation Treaty on nuclear disarmament negotiations. It reviews applicable dispute system designs, the non-proliferation dispute system, and application of the later to North Korea, Iran and Pakistan.
February 8, 2012
This article assesses the impact of the Nuclear Non-Proliferation Treaty on nuclear disarmament negotiations. It reviews applicable dispute system designs, the non-proliferation dispute system, and application of the later to North Korea, Iran and Pakistan.
Lawyering Skills, Principles and Methods Offer Insight as to Best Practices for Arbitration
February 8, 2012
This article analyzes the use of litigation principles in establishing best practices for arbitration and describes the benefits of adapting these principles to arbitration. Next, the article discusses two separate contexts where these principles are useful: drafting the rules governing arbitration and preparing and presenting a case at the arbitration hearing. The article concludes by discussing how scholars, teachers, and practitioners can adopt the best practices discussed in the article.
February 8, 2012
This article analyzes the use of litigation principles in establishing best practices for arbitration and describes the benefits of adapting these principles to arbitration. Next, the article discusses two separate contexts where these principles are useful: drafting the rules governing arbitration and preparing and presenting a case at the arbitration hearing. The article concludes by discussing how scholars, teachers, and practitioners can adopt the best practices discussed in the article.
What’s a Cross-Cultural Mediator to Do? A Low-Context Solution for a High-Context Problem
February 8, 2012
This article addresses problems facing practitioners in cross-cultural mediation. Author claims that the issue is growing and will be affecting more of the ADR community. Focus on mediation with Asian parties in commercial disputes.
February 8, 2012
This article addresses problems facing practitioners in cross-cultural mediation. Author claims that the issue is growing and will be affecting more of the ADR community. Focus on mediation with Asian parties in commercial disputes.
Enforcing International Arbitration Agreements in Federal Courts: Rethinking the Court’s Remedial Powers
February 8, 2012
The importance of developing suitable remedies to enforce the right to arbitrate embodied in an arbitration agreement is discussed. The Author proposes five inherent (nonstatutory) remedial devices that the courts may use to enforce arbitration agreements.
February 8, 2012
The importance of developing suitable remedies to enforce the right to arbitrate embodied in an arbitration agreement is discussed. The Author proposes five inherent (nonstatutory) remedial devices that the courts may use to enforce arbitration agreements.
Mortgage Foreclosure Mediation in Florida – Implementation Challenges for an Institutionalized Program
February 8, 2012
The author traces the extensive history of Florida's use of mediation in civil cases before turning to the state's use of mediation after the 2008 financial crisis. The article, while critical of the program's slow implementation in light of the large volume of foreclosure cases, concludes with a generally positive reflection on the program's successful track record since implementation.
February 8, 2012
The author traces the extensive history of Florida's use of mediation in civil cases before turning to the state's use of mediation after the 2008 financial crisis. The article, while critical of the program's slow implementation in light of the large volume of foreclosure cases, concludes with a generally positive reflection on the program's successful track record since implementation.
Circumstantial Evidence of Doping: BALCO and Beyond
February 8, 2012
The author discusses how the World Anti-Doping Code has provided a set of rules and processes to harmonize and enforce a global problem. He notes that with a new specter of undetectable or difficult-to-see doping agents, highlighted by the BALCO controversy, it will make it hard for the legal imagination to keep up with scientific ingenuity.
February 8, 2012
The author discusses how the World Anti-Doping Code has provided a set of rules and processes to harmonize and enforce a global problem. He notes that with a new specter of undetectable or difficult-to-see doping agents, highlighted by the BALCO controversy, it will make it hard for the legal imagination to keep up with scientific ingenuity.
The Vocation of the International Arbitrator
February 8, 2012
The author argues that although international arbitrators are among the most legally talented individuals that strive to professionalize the vocation of being an arbitrator, an arbitrator is still not considered an ordinary occupation. In creating professionalism, implementation of greater regulatory regimes is necessary, especially since international arbitrators operate as custodians for a system that is imperative for international trade and is beyond the reach of traditional state regulatory...
February 8, 2012
The author argues that although international arbitrators are among the most legally talented individuals that strive to professionalize the vocation of being an arbitrator, an arbitrator is still not considered an ordinary occupation. In creating professionalism, implementation of greater regulatory regimes is necessary, especially since international arbitrators operate as custodians for a system that is imperative for international trade and is beyond the reach of traditional state regulatory...
Buyer Beware: Why the Class Arbitration Waiver Clause Presents a Gloomy Future for Consumers
February 8, 2012
The article argues that class arbitration waivers that prohibit consumers from aggregating their claims are harsh and unfair. It furthermore argues that legislation as a means of addressing the problem would be ineffectual. The conclusion proposes alternative solutions to the problem of unfair class waivers.
February 8, 2012
The article argues that class arbitration waivers that prohibit consumers from aggregating their claims are harsh and unfair. It furthermore argues that legislation as a means of addressing the problem would be ineffectual. The conclusion proposes alternative solutions to the problem of unfair class waivers.
