References
Arbitration: Governance Benefits and Enforcement Costs
February 8, 2012
These remarks, presented at the 2004 AALS Annual Meeting panel on civil procedure, review the economic theory of arbitration and related empirical evidence. For parties who can choose between alternative legal regimes, the key determinants of that choice are the governance benefits and enforcement costs connected to the rules under each regime. The choice between arbitration and litigation should be made on the same basis. The empirical literature, though sparse, suggests that superior governance...
February 8, 2012
These remarks, presented at the 2004 AALS Annual Meeting panel on civil procedure, review the economic theory of arbitration and related empirical evidence. For parties who can choose between alternative legal regimes, the key determinants of that choice are the governance benefits and enforcement costs connected to the rules under each regime. The choice between arbitration and litigation should be made on the same basis. The empirical literature, though sparse, suggests that superior governance...
Rethinking the Tripartite Division of American Work Law
February 8, 2012
The holy trinity of American work law - employment discrimination, labor law, and employment law - has governed the American workplace for over four decades and is also firmly entrenched in the curricula of most law schools. But the discrete lenses provided by the conventional trinity make it difficult to bring into focus two distinct but related dimensions of the accelerating integration of American work law. Thus, we are on the one hand experiencing an accelerating doctrinal integration of our field,...
February 8, 2012
The holy trinity of American work law - employment discrimination, labor law, and employment law - has governed the American workplace for over four decades and is also firmly entrenched in the curricula of most law schools. But the discrete lenses provided by the conventional trinity make it difficult to bring into focus two distinct but related dimensions of the accelerating integration of American work law. Thus, we are on the one hand experiencing an accelerating doctrinal integration of our field,...
Restorative Justice: An Empirically Grounded Movement Facing Many Opportunities and Pitfalls
February 8, 2012
The author summarizes the restorative justice movement in the past decade and the future of procedures such as victim-offender mediation. The article also looks at potential pitfalls and opportunities on the horizon when looking at the current restorative justice dialogue.
February 8, 2012
The author summarizes the restorative justice movement in the past decade and the future of procedures such as victim-offender mediation. The article also looks at potential pitfalls and opportunities on the horizon when looking at the current restorative justice dialogue.
How to Take Control fo the Runaway Litigation Train
February 8, 2012
The author discusses how informed and appropriate use of alternative dispute resolution can benefit parties in business disputes, both by reducing costs and by producing qualitatively better results.
February 8, 2012
The author discusses how informed and appropriate use of alternative dispute resolution can benefit parties in business disputes, both by reducing costs and by producing qualitatively better results.
Regulating the Rulemakers: A Proposal for Deliberative Cost-Benefit Analysis
February 8, 2012
The author argues for deliberative cost-benefit analysis, which combines the school of deliberative, reasoned, decision-making with economic concepts. The article touches upon the Negotiated Rulemaking Act of 1990, which authorizes regulatory negotiation as a means to make rules.
February 8, 2012
The author argues for deliberative cost-benefit analysis, which combines the school of deliberative, reasoned, decision-making with economic concepts. The article touches upon the Negotiated Rulemaking Act of 1990, which authorizes regulatory negotiation as a means to make rules.
The Enhanced Arbitration Appeal Amendment: A Proposal to Save American Jurisprudence from Arbitration,Modeled on the English Arbitration Act of 1996
February 8, 2012
The article advocates reformation of arbitration award review by comparing arbitration in the United States to the arbitration procedures used in England. Specifically, the article identifies the shortfalls created in the American arbitration system. It discusses potential arguments for and against the Enhanced Arbitration Appellate Amendment proposal.
February 8, 2012
The article advocates reformation of arbitration award review by comparing arbitration in the United States to the arbitration procedures used in England. Specifically, the article identifies the shortfalls created in the American arbitration system. It discusses potential arguments for and against the Enhanced Arbitration Appellate Amendment proposal.
Arasoi O Mizu Ni Nagasu or Let the Dispute Flow to Water: Pedagogical Methods for Teaching Arbitration Law in American and Japanese Law Schools
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Suit, Settlement, and Trial: Theoretical Analysis Under Alternative Methods for the Allocation of Legal Costs
February 8, 2012
Will a party who believes that he has a legally admissible claim for money damages decide to bring suit? if so, will he subsequently settle with the opposing party or will he go ahead to trial? These questions are analyzed under four methods for allocating legal costs, namely, under the American system, whereby each side bears its own costs; under the indemnity or British system, whereby the losing side bears all costs; under the system favoring the plaintiff whereby the plaintiff pays only his own costs...
February 8, 2012
Will a party who believes that he has a legally admissible claim for money damages decide to bring suit? if so, will he subsequently settle with the opposing party or will he go ahead to trial? These questions are analyzed under four methods for allocating legal costs, namely, under the American system, whereby each side bears its own costs; under the indemnity or British system, whereby the losing side bears all costs; under the system favoring the plaintiff whereby the plaintiff pays only his own costs...
Privatizing Labor Law: Neutrality/Card Check Agreements and the Role of the Arbitrator
February 8, 2012
This symposium lecture addresses neutrality and card checks in labor law and the challenges of the arbitrator's role in administering these agreements.
February 8, 2012
This symposium lecture addresses neutrality and card checks in labor law and the challenges of the arbitrator's role in administering these agreements.
Union Power Redefined: How Arbitrating Claims, Including Title VII, Benefits Racial Minority Union Workers
February 8, 2012
This note argues that unions are better off when they arbitrate claims, especially for racial minorities. Specifically, the note uses case developments to show why minority union workers benefit from having unions arbitrate claims, including Title VII claims.
February 8, 2012
This note argues that unions are better off when they arbitrate claims, especially for racial minorities. Specifically, the note uses case developments to show why minority union workers benefit from having unions arbitrate claims, including Title VII claims.
