This recent development discusses the Supreme Court's decision in Green Tree v Bazzle. This opinion placed the decision of whether to permit class- wide arbitration in the hands of arbitrators, rather than the courts. The holding resolved an issue that created a split between the federal circuits as well as state courts. The decision in Green Tree was based on two sources of law: the Federal Arbitration Act (FAA) and a line of Supreme Court decisions regarding arbitration.
This note argues for the establishment of an international arbitral body to resolve foreign investment disputes involving national security. The author specifically argues that such a system would more effectively balance the commercial needs of foreign investors with the national security needs of sovereign nations than the current system employed by the U.S. under the Foreign Investment and National Security Act of 2007 (FINSA).
This book sheds light into the psyche of people involved in intergroup conflicts involving societies and ethnic groups in various parts of the world. The book discusses the processes of peace building including conflict resolution and reconciliation, and offers a comprehensice oulook on the dynamics that characterize each stage of conflicts
This book challenges the prevailing approach to trade unionism in the country today and offers a fundamentally different solution to current labor crises. The book shows how collective bargaining backed by a strike capable of inflicting economic harm upon an employer is the only method for the American labor movement to break free of oppressive labor control systems.
This article promotes the use of an arbitration clause between parties who are contracting for license and research agreements with regards to a patent. Employing arbitration in these agreements can strengthen the business relationship by assuring that any dispute will be handled quickly, inexpensively, and by a technologically knowledgeable neutral arbitrator.
This article explores the possibility that subconscious biases of arbitrators could lead to discriminatory results in arbitration, specifically within the subset of labor arbitration.
This article examines the association between voice and unionization and demonstrates the complexity of such a relationship. It presents theoretical perspectives that highlight the individual-psychological aspects of voice. In addition, the article develops an array of challenges to the association between voice and unionization and offers. Finally, the article examines the legal policy implications of empirical research in the area along with presenting a theoretical approach to voice.
This article discusses the question of whether extreme violence in sports should be handled in the justice system or by individual sports' governing boards. It mentions proposed legislation including the Sports Violence Arbitration Act, which proposes the creation of a sports court to handle the violence. The Act failed because of various uncertainties regarding, among other things, the application of the arbitration process.
This article describes the influence of social networks on how individuals choose to process their legal disputes. The objective is to explain how social connections shape the ways in which conflict is processed within formal institutions. Using the social context in which the Venezuelan business sector operates as a framework, the article tries to draw a real life picture of how dispute processing occurs in society, which is important to a more general understanding ofhow different systems ofsocial...
This article advocates use of the Negotiation Counsel Model to settle catastrophic personal injury cases. Using the trucking industry as an example, the authors discuss the many benefits of the negotiation counsel model, including saving time and money by increasing the chances of an early reasonable settlement.