References
Lawyers’ Bargaining Ethics, Contract, and Collaboration: The End of the Legal Profession and the Beginning of Professional Pluralism
February 8, 2012
This Article combines contractarian economics and traditional ethical theory to argue for a revision of the legal profession's codes of ethics. That revision would replace the existing uniform conception of the lawyer's role with a more heterogeneous profession in which lawyers and clients could contractually choose the ethical obligations under which they wanted to operate. This contract model of legal ethics, in which lawyers could opt in and out of various ethical constraints, would lead to greater...
February 8, 2012
This Article combines contractarian economics and traditional ethical theory to argue for a revision of the legal profession's codes of ethics. That revision would replace the existing uniform conception of the lawyer's role with a more heterogeneous profession in which lawyers and clients could contractually choose the ethical obligations under which they wanted to operate. This contract model of legal ethics, in which lawyers could opt in and out of various ethical constraints, would lead to greater...
Getting Paid: Processing the Labor Disputes of China’s Migrant Workers
February 8, 2012
This article argues that informal mediation is the most effective form of dispute resolution for migrant workers claiming unpaid wages. It compares litigation and mediation in China and concludes with potential models for reforming China's labor dispute resolution system.
February 8, 2012
This article argues that informal mediation is the most effective form of dispute resolution for migrant workers claiming unpaid wages. It compares litigation and mediation in China and concludes with potential models for reforming China's labor dispute resolution system.
Thoughts About Spiritual Fatigue: Sustaining Our Energy by Staying Centered
February 8, 2012
This article describes what spiritual fatigue is and how it relates to mediators. It also suggests ways for mediators to overcome spiritual fatigue.
February 8, 2012
This article describes what spiritual fatigue is and how it relates to mediators. It also suggests ways for mediators to overcome spiritual fatigue.
Decisionmaking About General Damages: A Comparison of Jurors, Judges, and Lawyers
February 8, 2012
The research reported in this Article investigates jurors
February 8, 2012
The research reported in this Article investigates jurors
The Role of Arbitrability in Disciplinary Decisions in Professional Sports
February 8, 2012
The authors examine court precedents that give an arbitrator authority to review disciplinary decisions. They specifically focus on an arbitrator's decision to reduce NBA player Jermaine O'Neal's suspension following the Pacers-Pistons melee in 2004. The authors conclude that express language in collective bargaining agreements can take away an arbitrator's jurisdiction, but most players' associations would be reluctant to do so.
February 8, 2012
The authors examine court precedents that give an arbitrator authority to review disciplinary decisions. They specifically focus on an arbitrator's decision to reduce NBA player Jermaine O'Neal's suspension following the Pacers-Pistons melee in 2004. The authors conclude that express language in collective bargaining agreements can take away an arbitrator's jurisdiction, but most players' associations would be reluctant to do so.
Pre-Litigation Compulsory Mediation: A Concept Worth Negotiating
February 8, 2012
The author explores the idea of compulsory mediation before a case can be brought to trial. He examines various U.S. state laws, as well as foreign countries' laws, that require pre-litigation mediation. Additionally, practice areas such as family law, medical malpractice, and bankruptcy law are suggested as practice areas that might benefit from pre-litigation mediation. Finally, the benefits and shortcomings of pre-litigation mediation are compared and contrasted.
February 8, 2012
The author explores the idea of compulsory mediation before a case can be brought to trial. He examines various U.S. state laws, as well as foreign countries' laws, that require pre-litigation mediation. Additionally, practice areas such as family law, medical malpractice, and bankruptcy law are suggested as practice areas that might benefit from pre-litigation mediation. Finally, the benefits and shortcomings of pre-litigation mediation are compared and contrasted.
Fairness in Securities Arbitration: A Constitutional Mandate?
February 8, 2012
The author argues that the relationship between the SEC and private self- regulatory organizations administering securities arbitrations is such that arbitration is transformed into state action. As a result, the process should be reformed to satisfy constitutional requirements of due process and equal protection.
February 8, 2012
The author argues that the relationship between the SEC and private self- regulatory organizations administering securities arbitrations is such that arbitration is transformed into state action. As a result, the process should be reformed to satisfy constitutional requirements of due process and equal protection.
Contracting Out of Process, Contracting Out of Corporate Accountability: An Argument Against Enforcement of Pre-Dispute Limits on Process
February 8, 2012
The article posits that, absent federal legislative reforms, corporations should use express procedural limitations in arbitration clauses. This will allow corporations to both contract around substantive accountability and use a choice-of-law clause in order to enforce such limitations
February 8, 2012
The article posits that, absent federal legislative reforms, corporations should use express procedural limitations in arbitration clauses. This will allow corporations to both contract around substantive accountability and use a choice-of-law clause in order to enforce such limitations
Whose Claim is This Anyway? Third-Party Litigation Funding
February 8, 2012
Steinitz utilizes three fact scenarios to argue that while third-party funding may be beneficial in some respects, it is nonetheless imperative that restrictive regulations be imposed while also minimizing opportunities for abuse of the process and the interests of parties. While third-party funding in litigation, class actions, and international arbitration may increase access and even bargaining positions, complex regulatory regimes must be implemented to ensure that potential pitfalls are avoided....
February 8, 2012
Steinitz utilizes three fact scenarios to argue that while third-party funding may be beneficial in some respects, it is nonetheless imperative that restrictive regulations be imposed while also minimizing opportunities for abuse of the process and the interests of parties. While third-party funding in litigation, class actions, and international arbitration may increase access and even bargaining positions, complex regulatory regimes must be implemented to ensure that potential pitfalls are avoided....
Court or Arbitrator – Who Decides Whether Res Judicata Bars Subsequent Arbitration Under the Federal Arbitration Act?
February 8, 2012
This article deals with the application of res judicata in the context of arbitration. It also focuses on the Federal Arbitration Act and the situations in which preclusion issues affecting subsequent arbitration come before federal courts. This article also discusses the question of who should determine whether res judicata bars subsequent arbitration while attempting to reconcile conflicting cases on the issue.
February 8, 2012
This article deals with the application of res judicata in the context of arbitration. It also focuses on the Federal Arbitration Act and the situations in which preclusion issues affecting subsequent arbitration come before federal courts. This article also discusses the question of who should determine whether res judicata bars subsequent arbitration while attempting to reconcile conflicting cases on the issue.
