Volume 13, Issue 1 - November 2014

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The Ohio State Journal on Dispute Resolution, in collaboration with the Moritz College of Law's Program on Dispute Resolution, is pleased to bring you Volume 13, Issue 1, of the Mayhew-Hite Report on Dispute Resolution and the Courts.

Finding an Accommodation for Crimea

Professor John B. Quigley*

The desire of many ethnic minorities to have their own states is an issue that baffles the international system. The issue typically arises in situations in which the ethnic group predominates in a particular region of a country. Such minorities often appeal to international concepts, in particular self-determination of peoples, to bolster their claim to be on their own. But a secession movement is usually viewed negatively by the state from which secession is sought. There is no mechanism available to be used by states or by secessionist movements to resolve a dispute between them over whether secession will be permitted.

Last spring, the Crimean peninsula was a flashpoint for secession. The government of the state of which it was a part, Ukraine, opposed secession for Crimea, and before the episode was over, shots were fired, and casualties were suffered. The Crimea situation will be addressed in a moment, but it is far from the only situation of that kind just now.

The referendum that was held in the Catalonia region of Spain in November highlights the difficulty of finding an appropriate w ...
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ARTICLE SUMMARY

How Conceptions of Justice Associated with the Nation-State Obstruct Our View on Possibilities of Transnational Commercial Law

Thomas Schultz
Summary by Delaney Marsco
Forthcoming publication in King’s Law Journal (2014)

Introduction

How we choose law to govern transactions depends on what we decide constitutes “law” in the first place. How do we define the “law”? Perhaps the law itself tells us what is law. If a set of sovereign rules can govern a dispute and solve it, those rules are considered law. However, just because the state draws the lines of legality does not mean these lines are epistemologically justifie ...
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CASE SUMMARY
CEATS, Inc. v. Cont’l Airlines, Inc.//2014 WL 2848630 (June 24, 2014).

By Elizabeth Sams*

CEATS, Inc. v. Cont’l Airlines, Inc.//2014 WL 2848630 (June 24, 2014).

Mediation is a fundamental part of alternative dispute resolution that is relied on by opposing parties and courts alike. A critical component of mediation is that the mediator is impartial between the parties to foster public trust of mediation. Whenever a mediator has a connection to one of the involved parties, it raises the question of neutrality. While the importance of mediators and mediation continues to rise, there are more issues about when a mediator should have to disclose a prior relationship, and the penalties if they fail to do so. This case raises the issue of whether mediator are bound by disclosure requirements similar to the recusal requirements of judges, and if so, what standard should be use to determine if relief is warranted.

CEATS, Inc. (the plaintiffs) sued Continental (defendants) in 2010 in the United States District Court for the Eastern District of Texas alleging four counts of patent infringement. The court ordered both parties to participate in mediation and appointed Faulkner as mediator. The parties did not ...
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HEADLINE NEWS

Another Big Year for the Lawrence Negotiation Competition
With more than 10% of the student body participating, 2014 was another huge year for the James K.L. Lawrence Negotiation Competition. This year's competition took place from October 6-10, and 72 students showed off their skills in an effort to be crowned the top Moritz negotiators. [Read More]

Community Relations Service Director Grande H. Lum Promotes Peacemaking in America
The Department of Justice Community Relations Service (CRS) Director Grande H. Lum spoke to a packed Saxbe Auditorium on Tuesday, September 30, 2014 about the role CRS has played in conflict resolution and conciliation in the United States since CRS' inception 50 years ago as part of the Civil Rights Act. [Read More]

Ruth Colker Appointed Expert in LSAC Consent Decree
Professor Ruth Colker was appointed to serve as a disability expert on the consent decree between the U.S. Department of Justice and the Law School Admissions Council. She is tasked with helping them develop "best practices" for administering the Law School Admission Test (LSAT). [Read More]

Alumni Chris Gordon Wins Dispute Resolution Writing Honors
Class of '14 alum Christopher Paul Gordon won third place for his paper, "Problem-Solving or Problematic? The Role of the Managerial Judge in Settlement" [Read More]

Moritz Hosts Transformative Mediation Workshop for ABA Mediation Week
Mediator Tom Wahlrab led a fascinating workshop on the core principles of transformative mediation and its application to civic discourse. During his lunchtime presentation on October 13, 2014, he interwove group exercises and one-on-one questioning with an overview of transformative mediation theory, principles, and practices based on The Promise of Mediation, by Robert A. Baruch Bush and Joseph P. Folger (1994). [Read More]

PDR on the Road: Summer and Fall Presentations and Happenings
For those who miss the friendly faces of PDR faculty, Sarah Cole, Nancy Rogers, and Josh Stulberg were all featured in a new series of ADR teaching videos created by the ABA Section on Dispute Resolution and the Suffolk University Law School. [Read More]

EDITOR'S CORNER

Volume 13 Issue 1

Welcome to the newly updated 2014-2015 Mayhew-Hite Report. My name is Delaney Marsco, and I am a third-year J.D. candidate at the Moritz College of Law. I will serve as the Mayhew-Hite Report editor for Volume 13.

The lead article featured in this issue, “Finding an Accommodation for Crimea,” was provided by Mortiz College of Law’s Professor John B. Quigley, President’s Club Professor Emeritus of Law. Even though self-determination of ethnic minorities has become a platform for certain groups’ recent secessionist movements, there is no clear available mechanism in th ...
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STUDENT SPOTLIGHT
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MORITZ ADR LINKS

Moritz Program on Dispute Resolution
Widely regarded as one of the nation's finest programs in the area of Alternative Dispute Resolution, the Moritz ADR program was established in recognition of the need for future lawyers to be trained in an array of dispute resolution methods beyond litigation, including negotiation, mediation, and arbitration. [Program Home]

Ohio State Journal on Dispute Resolution
The Ohio State Journal on Dispute Resolution ("JDR") is a student-initiated, student-run publication and is the official law journal of the American Bar Association's Section on Dispute Resolution. [JDR Home]

The Caucus
The Caucus is a monthly e-newsletter that highlights the scholarship and accomplishments of the Moritz Program on Dispute Resolution faculty and students. [The Caucus Home]

Indisputably
Indisputably is a blog operated by law professors from around the United States concentrating on issues involving dispute resolution. [Indisputably Home]

Bridge Initiative @ Mershon and Moritz
The Bridge Initiative, which combines resources from Moritz College of Law and the Mershon Center for International Securities Studies, is an indispensable resource for those doing research in issues involving dispute resolution. [Bridge Initiative Home]

CONTACT US
Ohio State Journal on Dispute Resolution
The Ohio State University
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55 West 12th Avenue
Columbus, Ohio 43210-1391
(614) 292-7170
osu-jdr@osu.edu

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