References
Privatized Justice
February 8, 2012
The author argues that the Supreme Court's interpretation of the Federal Arbitration Act (FAA) has undermined consumer protection and ignored the intent of the FAA. The author recommends that state laws must ensure that parties give their willing and knowing consent to waive a jury trial before it permits enforcement of an arbitration clause. The author then provides several other legislative reforms such as legislation to restrict the application of the FAA to federal courts.
February 8, 2012
The author argues that the Supreme Court's interpretation of the Federal Arbitration Act (FAA) has undermined consumer protection and ignored the intent of the FAA. The author recommends that state laws must ensure that parties give their willing and knowing consent to waive a jury trial before it permits enforcement of an arbitration clause. The author then provides several other legislative reforms such as legislation to restrict the application of the FAA to federal courts.
Problem-Solving Advocacy in Meditations: A Model of Client Representation
February 8, 2012
The article addresses how attorneys participating in mediation can represent their clients in a way that takes full advantage of the problem-solving opportunities offered by mediation. A successful advocate can solicit the mediator to use different techniques throughout the mediation process. The author discusses how an attorney may use a problem-solving approach that involves the analysis of interests, impediments, and ways mediators' assistance may be used during mediation.
February 8, 2012
The article addresses how attorneys participating in mediation can represent their clients in a way that takes full advantage of the problem-solving opportunities offered by mediation. A successful advocate can solicit the mediator to use different techniques throughout the mediation process. The author discusses how an attorney may use a problem-solving approach that involves the analysis of interests, impediments, and ways mediators' assistance may be used during mediation.
Immune Neglect: A Source of Durability Bias in Affective Forecasting
February 8, 2012
People are generally unaware of the operation of the system of cognitive mechanisms that ameliorate their experience of negative affect (the psychological immune system), and thus they tend to overestimate the duration of their affective reactions to negative events. This tendency was demonstrated in 6 studies in which participants overestimated the duration of their affective reactions to the dissolution of a romantic relationship, the failure to achieve tenure, an electoral defeat, negative personality...
February 8, 2012
People are generally unaware of the operation of the system of cognitive mechanisms that ameliorate their experience of negative affect (the psychological immune system), and thus they tend to overestimate the duration of their affective reactions to negative events. This tendency was demonstrated in 6 studies in which participants overestimated the duration of their affective reactions to the dissolution of a romantic relationship, the failure to achieve tenure, an electoral defeat, negative personality...
Doctors & Juries
February 8, 2012
Legislation is pending in both houses of Congress to transfer medical malpractice cases from civil juries to administrative health courts. The Institute of Medicine also wants to take malpractice cases away from juries through a system of binding early settlement offers. Each of these proposals is premised on the assumption that juries lack the capacity to resolve medical malpractice disputes fairly. This Article evaluates that premise. It collects and synthesizes three decades of empirical research...
February 8, 2012
Legislation is pending in both houses of Congress to transfer medical malpractice cases from civil juries to administrative health courts. The Institute of Medicine also wants to take malpractice cases away from juries through a system of binding early settlement offers. Each of these proposals is premised on the assumption that juries lack the capacity to resolve medical malpractice disputes fairly. This Article evaluates that premise. It collects and synthesizes three decades of empirical research...
When Speciality Designs Cause Building Disasters: Responsibility for Shared Architectural and Engineering Services
February 8, 2012
In this article, Circo argues that specialty design-build practices in the construction industry mandate a fresh consideration of the allocation of risk of a building disaster. In his view, the allocation of risk should correspond with the expectations of the involved parties while also addressing overarching public policy considerations. The article raises policy concerns that should inform mediators and arbitrators as they examine risk allocation ofdesign-build construction projects.
February 8, 2012
In this article, Circo argues that specialty design-build practices in the construction industry mandate a fresh consideration of the allocation of risk of a building disaster. In his view, the allocation of risk should correspond with the expectations of the involved parties while also addressing overarching public policy considerations. The article raises policy concerns that should inform mediators and arbitrators as they examine risk allocation ofdesign-build construction projects.
In The Replay Booth: Looking at Appeals of Arbitration Decisions in Sports Through Miami Dolphins v. Williams
February 8, 2012
Gordon looks at the recent arbitration and subsequent litigation over NFL player Ricky Williams's retirement. While a petitioner can persuade a court to review the merits of an arbitrator's award, Gordon argues that arbitration agreements under the collective bargaining agreements in sports leagues and unions should be given high deference when reviewed by a court.
February 8, 2012
Gordon looks at the recent arbitration and subsequent litigation over NFL player Ricky Williams's retirement. While a petitioner can persuade a court to review the merits of an arbitrator's award, Gordon argues that arbitration agreements under the collective bargaining agreements in sports leagues and unions should be given high deference when reviewed by a court.
Beyond the Liability Wall: Strengthening Tort Remedies in International Environmental Law
February 8, 2012
Currently, environmental civil treaties are rarely adopted and scarcely enforced. The author presents a macro-level model to demonstrate problems and then outlines a solution.
February 8, 2012
Currently, environmental civil treaties are rarely adopted and scarcely enforced. The author presents a macro-level model to demonstrate problems and then outlines a solution.
Conflict Resolution For the Helping Professions
February 8, 2012
Barsky presents an instructive text that teaches readers how to apply alternative dispute resolution techniques in a variety of conflicts. The text uses case studies, class exercises, discussion questions, role-plays, and assignments.
February 8, 2012
Barsky presents an instructive text that teaches readers how to apply alternative dispute resolution techniques in a variety of conflicts. The text uses case studies, class exercises, discussion questions, role-plays, and assignments.
Litigation and Settlement Under Imperfect Information
February 8, 2012
A model of parties' litigation and settlement decisions under imperfect information is studied. The model shows how informational asymmetry influences parties' decisions, and how it might lead to parties' failure to settle. The model is used to identify how the likelihood of settlement and the settlement amount are shaped by various factors--the size of the amount at stake, the magnitude of the parties' litigation costs, and the nature of the parties' information. The model is also used to examine...
February 8, 2012
A model of parties' litigation and settlement decisions under imperfect information is studied. The model shows how informational asymmetry influences parties' decisions, and how it might lead to parties' failure to settle. The model is used to identify how the likelihood of settlement and the settlement amount are shaped by various factors--the size of the amount at stake, the magnitude of the parties' litigation costs, and the nature of the parties' information. The model is also used to examine...
Using Insights About Perception and Judgment from the Myers-Briggs Type Indicator Instrument as an Aid to Mediation
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
