Volume 12, Issue 2 - June 2014

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ISSUE 2: EDITOR'S CORNER

Welcome to Volume 12, Issue 2 of the Mayhew-Hite Report.  This is the final issue of the 2013-14 academic year.  It has been a fantastic experience serving as Editor of this publication.  In only a little over ten years, the Mayhew-Hite Report has created a rich history, consistently adding an important and enjoyable online dimension to The Ohio State Journal on Dispute ...
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ISSUE 2: CASE SUMMARY

Martinez v. Carnival Corp., 744 F.3d, 1240 (11th Cir. 2014)

Overview:

The Plaintiff, a Honduran citizen who worked on a cruise ship, sustained a back injury while employed aboard the Carnival cruise ship Fascination.  As an employee of the ship and cruise line, he was scheduled to work ten hours per day, seven days a week, with work that involved intense labor.  A term of his employment contract dictated that all disputes, outside of wag ...
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ISSUE 2: ARTICLE SUMMARY

The United States Supreme Court’s Failure to Fix Plea Bargaining: The Impact of Lafler and Frye

Cynthia Alkon, The United States Supreme Court’s Failure to Fix Plea Bargaining: The Impact of Lafler and Frye, Hastings Const. L.Q., 561 (2014)

In her most recent published article, Professor Alkon of Texas A&M expanded upon her 2012 Mayhew-Hite note and explored the 2012 Supreme Court decisions of Lafler v. Cooper and Missouri v. Frye and their impact ...
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ISSUE 2: STUDENT SPOTLIGHT

The Use of Alternative Dispute Resolution in Will Interpretation in Probate Courts

Nicholas Uzl*

I.          Introduction

In the age of increased litigation costs and the significant backlog of cases in courts, the use of alternative dispute resolution (ADR) mechanisms for resolving cases has become more popular. This general trend of an increased backlog of cases has proven true in probate courts as well a ...
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ISSUE 2: LEAD ARTICLE

CLARIFYING CANDOR: WHY THE MODEL RULES SHOULD DRAW BRIGHT LINES FOR ATTORNEYS’ TRUTH-TELLING DUTIES IN ARBITRATION, MEDIATION, AND UNASSISTED NEGOTIATION

*Michael Dallaire

 I. Introduction

Alternative Dispute Resolution (ADR) is here to stay.  The Model Rules of Professional Conduct (Model Rules)[1] must acknowledge that fact.  Several scholars have posited the lofty goal of cre ...
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ISSUE 1: LEAD ARTICLE

It’s Been a Privilege: Protecting the Attorney-Client Relationship in International Arbitration

Syane A. Roy* 

I. Introduction

 A dispute arises between an American and a German. They agree to resolve their problem over a “football” game officiated by a neutral referee. Both disputants arrive at a field with ten frien ...
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ISSUE 1: STUDENT SPOTLIGHT

Good Faith Over Confidentiality: The Argument for Enforcing Good Faith Requirements at the Expense of Confidentiality in Court-Mandated Mediations

Alix J. West *

I. Introduction

With the high cost, both financial and emotional, associated with trial, mediation has become an increasingly attractive method of dispute resolution. While trial takes months or years to adjudicate an issue, mediation can allow for an immediate resolut ...
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ISSUE 1: EDITOR'S CORNER

Welcome to the 2013-2014 Mayhew-Hite Report.  My name is Brodi Conover and I am the new editor of the Report.  I am third-year Juris Doctor Candidate at the Moritz College of Law here at The Ohio State University.

For those of you who are new to the Report, it is an online publication created by the dedicated staff and supporters of the Journal on Dispute Resolution here at the Moritz ...
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ISSUE 1: CASE SUMMARY

Reed Elsevier, Inc. v. Crockett, 734 F.3d 594 (6th Cir. 2013)

Reed Elsevier, Inc. v. Crockett, 734 F.3d 594 (6th Cir. 2013)

Overview:

A provider of online legal research brought action for declaratory and injunctive relief after an attorney filed a demand for class arbitration of claims against the provider for fraud, negligent representation, breach of contract, negligence, gross negligence, unjust enrichment, and violation of ...
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