Upcoming Events

Symposium on Dispute Resolution in Special Education

Thursday, February 27, 2014
2:00 – 5:00 PM | Barrister Club

Friday, February 28, 2014
8:00 AM – 4:00 PM | Ohio Union

 

125 – Comparisons: Historical

ARTICLES

Cristian DeFrancia, Enforcing the Nuclear Nonproliferation Regime: The Legality of Preventive Measures, 45 Vand. J. Transnat’l L. 705 (2012).
This article explains the worldwide efforts to limit the proliferation of nuclear weapons and details a few historical examples of negotiations that played a key role in preventing countries from possessing more nuclear weapons. Specifically, the article examines the 1994 negotiations between North Korea and former U.S. President Jimmy Carter to limit North Korea’s access to nuclear weapons.
{1} NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L
{125} COMPARISONS: HISTORICAL

Laurent Gouiffès & Lara Kozyreff, Commentary on the New French International Arbitration Law: Towards Quicker and More Efficient Arbitration Proceedings, 18 Colum. J. Eur. L. 45 (2012).
This article explores the evolution of arbitration practices in France—specifically the 2011 Decree which created a more flexible, liberal, quicker, and efficient method for parties to arbitrate.  Although still early in its jurisprudence, the article explores potential interpretations of the French court in regards to certain provisions.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{125} COMPARISIONS: HISTORICAL

Christopher Immormino, Note, I’m Gonna Knock You Out: Why Physical Force is a Legitimate Form of Dispute Resolution, 27 Ohio St. J. on Disp. Resol. 207 (2012).
This note examines historical examples of physical force being used to resolve disputes, society’s acceptance of a certain level of violence today, the use of jiu-jitsu as a form of dispute resolution similar to arbitration. The author applies common arbitration rules to jiu-jitsu to making the case that a safe, acceptable form of violent competition can be used to settle a dispute as long as basic fairness tenets are met during the negotiation and execution of the agreement.
{44} ARBITRATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
{125} COMPARISONS: HISTORICAL

Richard L. Keyser, “Agreement Supersedes Law, and Love Judgment:” Legal Flexibility and Amicable Settlement in Anglo-Norman England, 30 LAW & HIST. REV. 37 (2012).
This article examines the oft-quoted phrase, “Pactum enim legem unicit et amor iudicium,” or, “[f]or an agreement supersedes law and amicable settlement a court judgment.” Placing this phrase in the context of the whole work in which it is found, and in the context of the time period and geographic location in which it was written, reveals a far deeper contemporary meaning to the phrase then appears at first glance.
{60} ADR—GENERAL
{125} COMPARISONS: HISTORICAL
{128} REQUIREMENTS: STATUTORY OR RULES

Richard C. Reuben, FAA Law, Without the Activism: What if the Bellwether Cases Were Decided by a Truly Conservative Court?, 60 KAN. L. REV. 883 (2012).
Would certain important Supreme Court decisions regarding arbitration have been decided differently by a truly conservative Court?  This article investigates this question and muses about the hypothetical state of arbitration today if a truly conservative court had decided these important cases.
{44} ARBITRATION—GENERAL
{125} COMPARISONS: HISTORICAL
{128} REQUIREMENTS: MANDATE TO USE
 
Jeffrey W. Stempel, Tainted Love: An Increasingly Odd Arbitral Infatuation in Derogation of Sound and Consistent Jurisprudence, 60 KAN. L. REV. 795 (2012).
This article examines the complex relationship between the Supreme Court and arbitration.  At times, the Court will rule in favor of arbitration in the face of historically recognized principles to the contrary. At other times, the Court will rule against arbitration because of unrelated prejudices regarding other areas of the law.  This article concludes that this inconsistent, or “tainted,” love appears that it will continue unabated.
{44} ARBITRATION—GENERAL
{125} COMPARISONS: HISTORICAL
{128} REQUIREMENTS: MANDATE TO USE

BOOKS

Guy Olivier Faure & Franz Cede, Unfinished Business: Why International Negotiations Fail (2012).
This book consists of a collection of essays discussing the benefits to studying international negotiations that have failed.  The book focuses on seven international case studies, analyzing the empirical results and offering recommendations for theory and practice.  The discussion involves types of negotiations ranging from bilateral to multilateral.
{1} NEGOTIATION—GENERAL
{92}SUBJ MATTER: INT’L
{125} COMPARISONS: HISTORICAL