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Horizons: Conversations About Future Directions in Dispute Resolution

Thursday, January 29, 2015
5:00 – 9:00 PM | TBD

Friday, January 30,  2015
8:30 AM – 4:00 PM | TBD

 

123 – Pressures to Settle

Ariel Ayanna, From Children’s Interests to Parental Responsibility: Degendering Parenthood Through Custodial Obligation, 19 UCLA Women’s L.J. 1 (2012).
This article focuses on negotiations between parents in custody disputes. The article examines how gender bias against men affects fathers in such disputes, and how often fathers agree to an unfair settlement because they believe they would lose in litigation. The author argues that fathers can overcome this gender bias by threatening joint custody, some of who the article believes are not legitimately interested in achieving, in order to level the playing field in custody dispute talks.
{1} NEGOTIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{123} SETTLEMENT: PRESSURES TO SETTLE
 
Kathryn E. Fort, Waves of Education: Tribal-State Court Cooperation and the Indian Child Welfare Act, 47 Tulsa L. Rev. 529 (2012).
This article explains that the history between tribes and the United States has been antagonistic, but there has been a recent emphasis on solving disputes outside of the courtroom. Negotiation has been a major tool in solving the recent disputes. The article focuses on the relationship between the state of Michigan and its tribes and how Michigan courts enforce negotiated agreements reached between the two parties.
{1} NEGOTIATION—GENERAL
{87} SUBJ MATTER: GOV’T
{123} SETTLEMENT: PRESSURES TO SETTLE
 
Michael H. LeRoy The Narcotic Effect of Antitrust Law in Professional Sports: How the Sherman Act Subverts Collective Bargaining, 86 Tul. L. Rev. 859 (2012).
Examining the relationship between antitrust litigation and collective bargaining, this article argues that players are becoming “addicted” to court settlement processes through the Sherman Act rather than collective bargaining. The author asserts that until the courts refrain from entertaining these suits, players will estimate that their settlement odds are much better in court and subvert the collective bargaining process.
{1} NEGOTIATION—GENERAL
{74} SUBJ MATTER: ANTITRUST
{123} SETTLEMENT: PRESSURES TO SETTLE

Steven Rushing, Note, Plugging the Leak in § 1498: Coercing the United States into Notifying Patent Owners of Government Use, 45 Vand. J. Transnat’l L. 879 (2012).
The author advocates for a strong dispute settlement process in international patent disputes. The article explains the use of Dispute Settlement Understanding (DSU) in the international community, which is similar to an arbitration board that rules on disputes over patent ownerships between countries.
{44} ARBITRATION—GENERAL
{87} SUBJ MATTER: GOV’T
{123} SETTLEMENT: PRESSURES TO SETTLE