References
The Unexpected Value of Litigation: A Real Options Perspective
February 8, 2012
In this Article, we suggest that litigation can be analyzed as though it is a competitive research and development project. Developing this analogy, we present a two-stage real option model of the litigation process that involves sequential information revelation and bargaining over the surplus generated by early settlement. Litigants are risk-neutral and have no private information. The model generates results that, we believe, have analytic and normative significance for the economic analysis of litigation.
February 8, 2012
In this Article, we suggest that litigation can be analyzed as though it is a competitive research and development project. Developing this analogy, we present a two-stage real option model of the litigation process that involves sequential information revelation and bargaining over the surplus generated by early settlement. Litigants are risk-neutral and have no private information. The model generates results that, we believe, have analytic and normative significance for the economic analysis of litigation.
The Market for Shares of Companies With Unlimited Liability: The Case of Aamerican Express
February 8, 2012
If share ownership entailed unlimited liability, would there be an active stock market? Some legal scholars have maintained that no liquid stock market could exist. Others have claimed the result would depend on the specific liability rule. But little empirical evidence has been cited to support any single theory. This article tests four theories of the effect of liability rules on stock market behavior through a study of trading in shares of the American Express Company during the 1950s, when these...
February 8, 2012
If share ownership entailed unlimited liability, would there be an active stock market? Some legal scholars have maintained that no liquid stock market could exist. Others have claimed the result would depend on the specific liability rule. But little empirical evidence has been cited to support any single theory. This article tests four theories of the effect of liability rules on stock market behavior through a study of trading in shares of the American Express Company during the 1950s, when these...
The Petition Clause and Alternative Dispute Resolution: Constitutional and Consistency Arguments for Providing Noerr-Pennington Immunity to ADR
February 8, 2012
Eckstein begins by explaining the Petition Clause as a First Amendment right, then discusses the basics of ADR. Then Eckstein describes the Noerr- Pennington doctrine as a check for the right to petition. The comment also discusses why ADR should be immunized under that doctrine.
February 8, 2012
Eckstein begins by explaining the Petition Clause as a First Amendment right, then discusses the basics of ADR. Then Eckstein describes the Noerr- Pennington doctrine as a check for the right to petition. The comment also discusses why ADR should be immunized under that doctrine.
Class Actions Behind Closed Doors? How Consumer Claims Can (and Should) Be Resolved by Class-Action Arbitration
February 8, 2012
Blankley argues that class-action suits would be more efficient if arbitration was available. Highlighting the changes in the arbitration system that would make this possible (more review power for courts, increased control of the hearings for the arbitrator, and higher standards for qualifications to be an arbitrator), Blankley proposes that arbitration can better serve unnamed class members than the current system.
February 8, 2012
Blankley argues that class-action suits would be more efficient if arbitration was available. Highlighting the changes in the arbitration system that would make this possible (more review power for courts, increased control of the hearings for the arbitrator, and higher standards for qualifications to be an arbitrator), Blankley proposes that arbitration can better serve unnamed class members than the current system.
Zoning and Land Use
February 8, 2012
The second part of the article, entitled Annexation, discusses the right of landowners to trigger arbitration within the context of an involuntary annexation.
February 8, 2012
The second part of the article, entitled Annexation, discusses the right of landowners to trigger arbitration within the context of an involuntary annexation.
Detecting Intimate Partner Violence in Family and Divorce Mediation: A Randomized Trial of Intimate Partner Violence Screening
February 8, 2012
The authors conducted a study that looked at the accuracy with which trained mediators could identify cases involving intimate partner violence.
February 8, 2012
The authors conducted a study that looked at the accuracy with which trained mediators could identify cases involving intimate partner violence.
Comment, Arbitration – United States Supreme Court Sounds Death Knell for Class Arbitration – Stolt Nielsen S.A. v. Animalfeeds Int’l Corp., 130 S. Ct. 1758 (2010)
February 8, 2012
The author argues that the Supreme Court's decision in Stolt Nielsen S.A. v. Animalfeeds Int'l Corp., a case vacating an arbitration award in a class-action suit where neither side's arbitration agreement included class arbitration because the arbitration in this case was coercive, undermines arbiters' authority to resolve class disputes while failing to clarify the scope of the holding or the type of language required to consent to class arbitration.
February 8, 2012
The author argues that the Supreme Court's decision in Stolt Nielsen S.A. v. Animalfeeds Int'l Corp., a case vacating an arbitration award in a class-action suit where neither side's arbitration agreement included class arbitration because the arbitration in this case was coercive, undermines arbiters' authority to resolve class disputes while failing to clarify the scope of the holding or the type of language required to consent to class arbitration.
Survival or Extinction? Animistic Dispute Resolution in the Sultanate of Brunei
February 8, 2012
The animistic dispute resolution mediation practices of the Iban, a small, indigenous, non-Muslim, ethnic minority in Brunei, are being threatened by absorption and integration into Islamization. Under the Sultanate's current policy of Islamization, animistic dispute resolution processes are threatened by a process of integration and cultural extinction characteristic of post- colonial situations, wherein the dominant indigenous ethnic group consumes the smaller groups.
February 8, 2012
The animistic dispute resolution mediation practices of the Iban, a small, indigenous, non-Muslim, ethnic minority in Brunei, are being threatened by absorption and integration into Islamization. Under the Sultanate's current policy of Islamization, animistic dispute resolution processes are threatened by a process of integration and cultural extinction characteristic of post- colonial situations, wherein the dominant indigenous ethnic group consumes the smaller groups.
Note, After Intel: Reconciling Policy Considerations and a Proposed Framework to Extend Judicial Assistance to International Arbitral Tribunals
February 8, 2012
Parties engaged in international commercial transactions increasingly prefer arbitration as a method of dispute resolution. International arbitral tribunals occasionally require judicial assistance from federal courts to compel discovery. Providing judicial aid to international arbitral tribunals in the context of discovery requests would likely add to the speed, fairness, and reliability that make arbitration appealing, while aligning with the robust federal policy in favor ofarbitration.
February 8, 2012
Parties engaged in international commercial transactions increasingly prefer arbitration as a method of dispute resolution. International arbitral tribunals occasionally require judicial assistance from federal courts to compel discovery. Providing judicial aid to international arbitral tribunals in the context of discovery requests would likely add to the speed, fairness, and reliability that make arbitration appealing, while aligning with the robust federal policy in favor ofarbitration.
Priming Legal Negotiations Through Written Demands
February 8, 2012
Lawyers frequently start negotiations with a written demand. But legal scholars have not, until now, considered the demand letter part of the negotiation process. Negotiation theory focuses almost exclusively on face-to-face negotiations and incorporates research from psychology, economics, and other social sciences to explain lawyers
February 8, 2012
Lawyers frequently start negotiations with a written demand. But legal scholars have not, until now, considered the demand letter part of the negotiation process. Negotiation theory focuses almost exclusively on face-to-face negotiations and incorporates research from psychology, economics, and other social sciences to explain lawyers
