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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

 

144 – Legislation

Richard M. Alderman, The Fair Debt Collection Practices Act Meets Arbitration: Non-parties and Arbitration, 24 Loy. Consumer L. Rev. 586 (2012).
Currently, debt collectors are collecting in excess of $50 billion dollars. Though many of these collectors comply with the law, there exists opportunity for abuse. The FDCPA was implemented as a tool to prevent abuse and compensate individuals who have been aggrieved. This article examines the arbitrability of FDCPA claims in light of recent Supreme Court decisions and analyzes whether the FDCPA’s purpose justifies a different application to existing rules.
{45} ARB: MANDATORY, COURT-ANNEXED—GENERAL
{102} SUBJ MATTER: PUBLIC POLICY
{144} LEGISLATION
 
Laura J. Cooper, Employment Arbitration 2011: A Realist’s View, 87 Ind. L.J. 317 (2012)
This article discusses the state of employment legislation under President Obama. It argues that despite a labor-friendly bill in 2009, losing control of the House in 2010 and spending too much congressional energy on the healthcare bill has doomed any further progressive employment legislation.
{44} ARBITRATION—GENERAL
{96} SUBJ MATTER: EMPLOYMENT (NON-UNION)
{144} LEGISLATION
 
Kate Darling, Contracting About the Future: Copyright and New Media, 10 Nw. J. Tech. & Intell. Prop. 485 (2012).
The author discusses power imbalances and other disadvantages that exist in the relationship between authors and publishers in negotiating copyright licenses. Legislation may help to implement a balance in such relationships.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER:SPORTS & ENTERTAINMENT
{144} LEGISLATION

Zev J. Eigen, Nicholas F. Menillo, & David Sherwyn, Shifting the Paradigm of the Debate: A Proposal to Eliminate At-Will Employment and Implement a “Mandatory Arbitration Act”, 87 Ind. L.J. 271 (2012)
This article attempts to shift the debate surrounding the employment discrimination resolution system towards analysis of the current system and possible solutions to address issues with the system. The authors advocate replacing at-will employment with a statute that considers aspects of both arbitration and litigation in employment discrimination cases.
{44} ARBITRATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
{144} LEGISLATION
 
Gregory Firestone & Leslie Reicin Stein, Florida’s Statewide Approach to the Residential Mortgage Foreclosure Crisis: The Residential Mortgage Foreclosure Mediation Model, 41 Stetson L. Rev. 719 (2012).
This article looks at the mediation program that the Florida courts instituted in order to get through a massive backlog of pending foreclosure cases.  It discusses the successes and failures of the implementation of the program.
{21} MEDIATION—GENERAL
{144} LEGISLATION

David Horton, The Federal Arbitration Act And Testamentary Instruments, 90 N.C. L. Rev. 1027 (2012).
This article analyzes the Federal Arbitration Act in the context of arbitration clauses in the wills and trust field. The author argues that despite the intention of Congress, the approach the Supreme Court has taken to the FAA results in arbitration clauses related to wills and trusts to fall under the statute. The article includes analysis of potential issues under the FAA in the field of wills and trusts arbitration.
{44} ARBITRATION—GENERAL
{101} SUBJ MATTER: PROBATE
{144} LEGISLATION

Mary Kay Kane, The Supreme Court’s Recent Class Action Jurisprudence: Gazing into a Crystal Ball, 16 Lewis & Clark L. Rev. 1015 (2012).
This article analyses six class action cases most recently before the Supreme Court. In analyzing both lower court and Supreme Court decisions regarding class-action suits and the Federal Arbitration Act, the author hypothesizes about the future of class-action cases.
{45} ARB: MANDATORY, COURT-ANNEXED—GENERAL
{144} LEGISLATION
 
Martin H. Malin, The Arbitration Fairness Act: It Need Not and Should Not Be an All or Nothing Proposition, 87 Ind. L.J. 289 (2012)
This article addresses the Arbitration Fairness Act and its potential effect on pre-dispute arbitration agreements in the employment field. The author proposes alternative legislative reforms that he believes will better address issues with the agreements.
{44} ARBITRATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
{144} LEGISLATION

Gonçalo Malheiro & Pedro Sousa Uva, The New Portuguese Law on Voluntary Arbitration, 18 Colum. J. Eur. L. 56 (2012).
This article admires and praises the recently passed and enacted reformed arbitration laws in Portugal.  The authors believe that because it is now in sync with United Nation arbitration laws, it will become a more attractive place for international arbitration proceedings.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{144} LEGISLATION

Daniel R. Strader, Student Work, Bridging the Gap: Amending the Federal Arbitration Act to Allow Discovery of Nonparties, 41 Stetson L. Rev. 909 (2012).
The author argues that the Federal Arbitration Act needs to be amended for clarity in order to preserve proper arbitration rights in discovery.  The main problems examined are a lack of uniformity in the states and the lack of clarity in defining the scope of discovery for parties not part of the agreement
{44} ARBITRATION—GENERAL
{144} LEGISLATION