References
Systemic Perspective of ADR in. Latin America: Enhancing the Shadow of the Law Through Citizen Participation
February 8, 2012
This article discusses the need for legal reform in Latin America, and the possibility for ADR mechanisms to assist in that process by providing a way for citizens to feel engaged in the dispute resolution process.
February 8, 2012
This article discusses the need for legal reform in Latin America, and the possibility for ADR mechanisms to assist in that process by providing a way for citizens to feel engaged in the dispute resolution process.
On the Face of It? Establishing Jurisdiction on Claims to Compel Arbitration Under Section 4 of the FAA
February 8, 2012
This article discusses Section 4 of the Federal Arbitration Act. Specifically, the author discusses how the Act allows a party with an arbitration agreement to bring suit to compel arbitration if the dispute between parties is brought to court. Moloff also discusses the circuit split over how to establish jurisdiction when faced with a claim to compel arbitration. The article argues in favor of courts that choose jurisdiction based on the well-pleaded complaint rule rather than courts that look through...
February 8, 2012
This article discusses Section 4 of the Federal Arbitration Act. Specifically, the author discusses how the Act allows a party with an arbitration agreement to bring suit to compel arbitration if the dispute between parties is brought to court. Moloff also discusses the circuit split over how to establish jurisdiction when faced with a claim to compel arbitration. The article argues in favor of courts that choose jurisdiction based on the well-pleaded complaint rule rather than courts that look through...
Experimenting With Alternative Dispute Resolution as a Means for Peaceful Resolution of Interest Labor Disputes in Public Healthcare- A Case Study
February 8, 2012
This article centers on a case study involving a nationwide strike of Israeli medical professionals in 2000, exploring the government's use of crisis mediation, preventative mediation, and a ten-year, voluntary no-strike arbitration regime. The article analyzes the use of no-strike arbitration with a focus on the process-oriented aspects of arbitration, as well as the broader policy-oriented implications.
February 8, 2012
This article centers on a case study involving a nationwide strike of Israeli medical professionals in 2000, exploring the government's use of crisis mediation, preventative mediation, and a ten-year, voluntary no-strike arbitration regime. The article analyzes the use of no-strike arbitration with a focus on the process-oriented aspects of arbitration, as well as the broader policy-oriented implications.
Are Contingent-Fee Attorneys Deterred? How Courts Can More Effectively Police Adhesive Arbitration Agreements
February 8, 2012
This article argues that courts have misused some tools of contract law and have failed to utilize others, like statutory vindication, and that courts should use access and exculpation concerns to refuse to compel arbitration in some employee and consumer contracts. The article discusses the Federal Arbitration Act and how arbitration agreements are formed. The article then critiques how courts have analyzed arbitration contracts and how they might improve their analysis.
February 8, 2012
This article argues that courts have misused some tools of contract law and have failed to utilize others, like statutory vindication, and that courts should use access and exculpation concerns to refuse to compel arbitration in some employee and consumer contracts. The article discusses the Federal Arbitration Act and how arbitration agreements are formed. The article then critiques how courts have analyzed arbitration contracts and how they might improve their analysis.
The Past on Trial: Birmingham, the Bombing, and Restorative Justice
February 8, 2012
This comment applies restorative justice principles to the Sixteenth Street Baptist Church Bombing by examining its application in other countries and applying these techniques to help heal communities affected by racial violence.
February 8, 2012
This comment applies restorative justice principles to the Sixteenth Street Baptist Church Bombing by examining its application in other countries and applying these techniques to help heal communities affected by racial violence.
Packaged Preferences and the Institutional Transformation of Interests
February 8, 2012
The point of this Article is to show that mediating institutions are better decision makers than individuals. For this reason, individuals often find it in their interest to select a variety of mediating institutions (corporations, investment funds, unions, political parties, religious institutions, etc.) to act as their agents. These mediating institutions will choose packages of preferences on behalf of their principals.
February 8, 2012
The point of this Article is to show that mediating institutions are better decision makers than individuals. For this reason, individuals often find it in their interest to select a variety of mediating institutions (corporations, investment funds, unions, political parties, religious institutions, etc.) to act as their agents. These mediating institutions will choose packages of preferences on behalf of their principals.
Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access to Justice at the Community Level
February 8, 2012
The authors discuss the impact of collaborative dispute resolution systems in a small community in Peru. Informal dispute resolution systems allow participants to gain social capital as they develop new skills and new relationships as they go through the resolution process.
February 8, 2012
The authors discuss the impact of collaborative dispute resolution systems in a small community in Peru. Informal dispute resolution systems allow participants to gain social capital as they develop new skills and new relationships as they go through the resolution process.
Arbitration’s Suspect Status
February 8, 2012
The author examines the Federal Arbitration Act as an anti-discrimination law protecting arbitration as a suspect process. The FAA is too broad in that it preempts too may state laws, but too narrow in that it fails to properly protect arbitration.
February 8, 2012
The author examines the Federal Arbitration Act as an anti-discrimination law protecting arbitration as a suspect process. The FAA is too broad in that it preempts too may state laws, but too narrow in that it fails to properly protect arbitration.
Mitsubishi, Investor-State Arbitration, and the Law of State Immunity
February 8, 2012
The author argues that the effectiveness of international arbitration is questionable. Six issues that need to be resolved in improving the image of international arbitration are: suppressing traditional litigation tactics, limiting discretion of arbitrators, giving the benefit of doubt to the state, promoting uniformity of decisions, rejecting post-judgment proceedings, and eliminating political entities' participation in the decision-making process. Optimism in arbitrations will return once these...
February 8, 2012
The author argues that the effectiveness of international arbitration is questionable. Six issues that need to be resolved in improving the image of international arbitration are: suppressing traditional litigation tactics, limiting discretion of arbitrators, giving the benefit of doubt to the state, promoting uniformity of decisions, rejecting post-judgment proceedings, and eliminating political entities' participation in the decision-making process. Optimism in arbitrations will return once these...
Some Thoughts on Judgments, Reciprocity, and the Seeming Paradox of International Commercial Arbitration
February 8, 2012
The article explores the international enforceability of judgments, in particular the enforceability of arbitral awards in the international setting. The article focuses on the idea of reciprocity in international enforcement of decisions. The article also discusses the potential of American courts limiting recognition of foreign decisions to countries that also recognize American decisions.
February 8, 2012
The article explores the international enforceability of judgments, in particular the enforceability of arbitral awards in the international setting. The article focuses on the idea of reciprocity in international enforcement of decisions. The article also discusses the potential of American courts limiting recognition of foreign decisions to countries that also recognize American decisions.
