Mayhew-Hite Report
VOLUME 8, ISSUE 2
Current Edition Lead Article Article Summary Case Summary Student Spotlight Archives JDR Home

WELCOME

The Ohio State Journal on Dispute Resolution is pleased to bring you Volume 8, Issue 2 of the Mayhew-Hite Report on Dispute Resolution and the Courts.

LEAD ARTICLE

In After the Drafting:  The Fate of the Uniform Collaborative Law Act, Professor Christopher Fairman discusses the Uniform Collaborative Law Act and its withdrawal from the ABA's consideration. The lead article can be accessed here.

ARTICLE SUMMARY

Christopher R. Drahozal and Stephen J. Ware, both professors at the University of Kansas School of Law, have written an interesting article about business use of arbitration clauses in Volume 25, Issue 2 of the Ohio State Journal on Dispute Resolution:  Why Do Businesses Use (or Not Use) Arbitration Clauses?  The article focuses on two empirical studies by Theodore Eisenber, Geoffrey Miller, and Emily Sherwin (Ms. Sherwin was only involved in the more recent study).  The 2007 study examined the use of arbitration clauses in a sample of material contracts filed with the Securities and Exchange Commission (SEC). The 2008 study compared the use of arbitration clauses in consumer contracts to the same companies’ material corporate contracts.  This article argues that the contracts reviewed are not representative of business or consumer contracts, and the authors conclude that the studies’ findings much be construed narrowly.  A detailed summary of this article can be accessed here.

CASE SUMMARY

On November 9, 2009, the United States Court of Appeals for the Fifth Circuit ruled on the case of Safety Nat'l Cas. Corp. v. Certain Underwriters, 587 F.3d 714 (5th Cir. 2009).  The court held that the McCarran-Ferguson Act does not allow a state law to reverse preempt a foreign treaty or its implementing legislation.  At issue in this case was an arbitration provision in a contract between Certain Underwriters at Lloyd’s and the Louisiana Safety Association of Timbermen-Self Insurers Fund, which provided insurance for members’ occupational injuries.  A petition for certiorari was filed February 5th, 2010.  A detailed summary of the Fifth Circuit’s decision can be accessed here.

STUDENT SPOTLIGHT

In Collaborative Ecosystem Governance: Alternative Dispute Resolution is Reforming Environmental Law, Amanda Fried discusses the relationship of collaborative law and the environment by analyzing collaborative ecosystem governance.  Amanda Fried uses the example of the Florida Everglades ecosystem management program throughout in order to illustrate the facets of collaborative ecosystem governance.  Her note concludes that decision-makers should adhere to the fundamentals of collaborative law in the environmental law context.  The full-text of this paper can be accessed here.

PROGRAM ON DISPUTE RESOLUTION NEWS

Professor Quigley Delivers Lecture in the West Bank on the Arab-Israeli Negotiations:
Professor John Quigley, President’s Club Professor of Law at the Ohio State University Moritz College of Law, spoke on Palestinian statehood at Bir Zeit University in the West Bank village of the same name on March 22, 2010.  In his lecture, Professor Quigley argued that Palestine is a sovereign state under international law, so any negotiations between the Israeli government and the Palestinian leadership should be premised on that fact. Click here for the full story.

Ohio State University Moritz College of Law students competed in two ADR competitions during this academic year, the ABA Negotiation Competition and the ABA Representation in Mediation Competition:
In a field of 24 teams from across the country, Beth Uhrich and Catie Coleman advanced to the semifinal round of the ABA Negotiation Competition before being eliminated.  In the Representation in Mediation Competition, Jessica Kim and Beth Uhrich finished in third place, just missing an opportunity to advance to the national competition in San Francisco on April 7. Click here for the full story.

Professor Stulberg Chairs Task Force on Arbitration Fairness Act:
Professor Joseph B. Stulberg, John W. Bricker Professor of Law, with the able assistance of Moritz 2L Janice Kwon, served as chair of the Task Force for the Association for Conflict Resolution (ACR) that examined the proposed Arbitration Fairness Act of 2009.  Its 95-page study and recommendation was adopted unanimously by ACR in December 2009, a copy of which is available at www.acrnet.org. Click here for the full story.

EDITORIAL INFORMATION

Editor: Amanda McNeil, in collaboration with members of the Ohio State Journal on Dispute Resolution.

Advisor: Professor Sarah R. Cole

Send Comments To:
Ohio State Journal on Dispute Resolution
The Ohio State University, Moritz College of Law
55 West 12th Avenue, Columbus, Ohio 43210-1391
Phone Number: (614) 292-7170
E-mail: osu-jdr@osu.edu