References
Arbitration and Article III
February 8, 2012
This article addresses the question of whether arbitration violates Article III when federal statutory rights are at issue. The author rejects the principle of waiver, which is the traditional theory used to explain arbitration's compatibility with Article III, in favor of appellate review theory. The author then applies appellate review theory to various forms of arbitration and addresses criticisms of the theory.
February 8, 2012
This article addresses the question of whether arbitration violates Article III when federal statutory rights are at issue. The author rejects the principle of waiver, which is the traditional theory used to explain arbitration's compatibility with Article III, in favor of appellate review theory. The author then applies appellate review theory to various forms of arbitration and addresses criticisms of the theory.
Unraveling the Mystery of Wilko v. Swan: American Arbitration Vacatur Law and the Accidental Demise of Party Autonomy
February 8, 2012
The Supreme Court's utterance in the 1953 Wilko case that the interpretations of the law by the arbitrators in contrast to manifest disregard are not subject to judicial review for error in interpretation has gradually transmuted in the past half-century to subvert party autonomy. The author concludes the Court needs to revisit this issue to clarify the language itmanifest disregard. http://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1096&context=drlj ADR References
February 8, 2012
The Supreme Court's utterance in the 1953 Wilko case that the interpretations of the law by the arbitrators in contrast to manifest disregard are not subject to judicial review for error in interpretation has gradually transmuted in the past half-century to subvert party autonomy. The author concludes the Court needs to revisit this issue to clarify the language itmanifest disregard. http://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1096&context=drlj ADR References
Stumbling Down the Courthouse Steps: Mediators’ Perceptions of the Stumbling Blocks to Successful Mandated Mediation in Child Custody and Visitation
February 8, 2012
The authors performed a study into practitioners' perceptions of what reduces the effectiveness of mandatory mediation in family law contexts and make suggestions as to how the process may be improved.
February 8, 2012
The authors performed a study into practitioners' perceptions of what reduces the effectiveness of mandatory mediation in family law contexts and make suggestions as to how the process may be improved.
The Viable Morality of Constitutional (and Other) Compromises: A Comment on Sanford Levinson’s Compromise and Constitutionalism
February 8, 2012
The author explores the uniqueness of constitutional formation in terms of dispute resolution. She reminds the reader that the implications of settlements must be evaluated against variable, relative circumstances, rather than against universal standards of what is principled.
February 8, 2012
The author explores the uniqueness of constitutional formation in terms of dispute resolution. She reminds the reader that the implications of settlements must be evaluated against variable, relative circumstances, rather than against universal standards of what is principled.
A Theory of Access to Justice
February 8, 2012
The author begins the article with a autobiography of her experience with resource dispute resolution (RDR). She then examines the inadequacy of RDR allocation and its consequences, especially when involving low- resource disputants. The article explains several proposals, including community lawyering and improving mediation programs, which could break the cycle and prevent low-income disputants from being major victims.
February 8, 2012
The author begins the article with a autobiography of her experience with resource dispute resolution (RDR). She then examines the inadequacy of RDR allocation and its consequences, especially when involving low- resource disputants. The article explains several proposals, including community lawyering and improving mediation programs, which could break the cycle and prevent low-income disputants from being major victims.
ACTA as a New Kind of International IP Lawmaking
February 8, 2012
The article states that negotiators need to pay attention to local models in negotiations when working with IP law because, without these models, countries have reasons to oppose treaties. Models for exceptions are also needed so that IP balance can be achieved.
February 8, 2012
The article states that negotiators need to pay attention to local models in negotiations when working with IP law because, without these models, countries have reasons to oppose treaties. Models for exceptions are also needed so that IP balance can be achieved.
Minorities, Mediation and Method: The View from One Court-Connected Mediation Program
February 8, 2012
The author argues it is time to reconsider the critiques of Critical Race Theorists regarding how minority groups are affected when participating in mediations.
February 8, 2012
The author argues it is time to reconsider the critiques of Critical Race Theorists regarding how minority groups are affected when participating in mediations.
Conflicts of Interest and Institutional Litigants
February 8, 2012
This article describes and adopts various game theory techniques and uses them to predict bargaining strategies among institutional litigants in negotiation of settlements. The author also asserts that conflicts of interest between lawyers and clients are often triggered when institutional litigants take part in the negotiation of settlements.
February 8, 2012
This article describes and adopts various game theory techniques and uses them to predict bargaining strategies among institutional litigants in negotiation of settlements. The author also asserts that conflicts of interest between lawyers and clients are often triggered when institutional litigants take part in the negotiation of settlements.
Process Issues of Columbia’s New Accusatory System
February 8, 2012
This article assesses the impact of altering Columbia's criminal adjudication from an inquisitorial system to an oral accusatory built on Anglo-American practice and procedures. Specifically, it examines the process and impact of reforming the criminal-justice system in Colombia by looking at the motivations behind the reforms and at the individual actors involved in the new accusatory trial process. It also discusses two of the most controversial aspects in the new system: plea bargains (through...
February 8, 2012
This article assesses the impact of altering Columbia's criminal adjudication from an inquisitorial system to an oral accusatory built on Anglo-American practice and procedures. Specifically, it examines the process and impact of reforming the criminal-justice system in Colombia by looking at the motivations behind the reforms and at the individual actors involved in the new accusatory trial process. It also discusses two of the most controversial aspects in the new system: plea bargains (through...
DAI v. Downey: Associational Standing and Arbitration
February 8, 2012
This article analyzes the tension between associational standing and agreements to arbitrate. We begin with an overview of associational standing and then review five cases in which medical associations sued HMOs and others on behalf of their physician.
February 8, 2012
This article analyzes the tension between associational standing and agreements to arbitrate. We begin with an overview of associational standing and then review five cases in which medical associations sued HMOs and others on behalf of their physician.
