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

 

128 – Requirements: Statutory or Rules

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

Pedro J. Martinez-Fraga, Good Faith, Bad Faith, but Not Losing Faith: A Commentary on the 2010 IBA Rules on the Taking of Evidence in International Arbitration, 43 Geo. J. Int’l L. 387 (2012).
A review of the 2010 iteration of the International Bar Association (IBA) Rules on Taking of Evidence in International Arbitration. Organizing the taking of evidence is a necessary condition if international arbitration is to maximize its role as a legal dispute resolution counterparty to economic globalization. Although the IBA’s 2010 iteration constitutes a laudable effort, there is potential for problems inherent in the newly introduced standards for taking of evidence.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{128} REQUIREMENTS: STATUTORY OR RULES

Maureen A. Weston, The Death of Class Arbitration After Conception?, 60 KAN. L. REV. 767 (2012).
This article examines the implications of Conception on the future of class actions, in court or arbitration, and analyzes the federalism issues at stake in the Court’s interpretation of the Federal Arbitration Act’s preemption of state law.   The article advocates for a narrow interpretation of the decision and the guarantee of a procedural option, which sometimes may include collective action, by which rights can be meaningfully vindicated.
{44} ARBITRATION—GENERAL
{126} REQUIREMENTS: CONTRACTUAL CLAUSES
{128} REQUIREMENTS: STATUTORY OR RULES