JDR Group Pic

Upcoming Events

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

 

87 – Government

Rishi Batra, Resolving Disputed Elections Through Negotiation, 27 Ohio St. J. on Disp. Resol. 371 (2012).
This article explores why self-interested candidates and their associated parties may be interested in a negotiated outcome, what the scope of such an agreement could look like, and how to overcome barriers to such a negotiated result. It examines potential roadblocks to negotiated solutions and examines two potential solutions in the form of either legislatively mandated mediation or judicially encouraged settlement of the dispute.
{1} NEGOTIATION—GENERAL
{87} SUBJ MATTER: GOV’T

Joshua A. Douglas, Election Law and Civil Discourse: The Promise of ADR, 27 Ohio St. J. on Disp. Resol. 291 (2012).
This article examines the way in which courts both reflect and contribute to charged discourse when rendering election law decisions. It examines ADR’s general framework, discussing how ADR leads to better relations between parties as they work together to fashion a reasonable solution. It suggests that incorporating concepts from ADR into the election law world can help to reduce negative court language and therefore improve political discourse.
{60} ADR—GENERAL
{87} SUBJ. MATTER: GOV’T
 
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

Rebecca Green, Mediation and Post-Election Litigation: A Way Forward, 27 Ohio St. J. on Disp. Resol. 325 (2012).
This article challenges the orthodoxy that concludes ADR is not appropriate in the election context and suggests that ADR, specifically mediation, can play a useful role when elections go awry. This article explores what the ADR field can contribute to resolving disputes in elections, reviews the current landscape with respect to non-judicial resolution of election disputes, and reviews the drawbacks of moth mediation and litigation in the post-election dispute context.
{21} MEDIATION—GENERAL
{87} SUBJ MATTER: GOV’T

Christoph Henkel, The Work-Product Doctrine as a Means Toward a Judicially Enforceable Duty of Confidentiality in International Commercial Arbitration, 37 N.C.J. Int’l L. & Com. Reg. 1059 (2012).
This article discusses the idea of confidentiality in arbitration. The author discusses the use of work-product doctrine as a way to help make disclosure in arbitration more predictable.
{44} ARBITRATION—GENERAL
{87} SUBJ MATTER: GOV’T
{132} CONFIDENTIALITY

David Horton, Colloquy Essay: Unconscionability Wars, 106 Nw. U. L. Rev. 387 (2012).
This essay discusses the trend of courts striking down one sided arbitration clauses as unconscionable. The author challenges two existing anti-unconscionability theories.
{44} ARBITRATION—GENERAL
{87} SUBJ MATTER: GOV’T
{126} REQUIREMENTS: CONTRACTUAL CLAUSES
 
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
 
Paul Spruhan, Standards Clauses in State-Tribal Agreements: The Navajo Nation Experience, 47 Tulsa L. Rev. 503 (2012).
This article discusses attempts made between the Navajo Nation and states such as Arizona and New Mexico to create contract clauses. The author examines the role of negotiation techniques in the creation of said contracts. The author argues that the standard contract clause model implemented by the Navajo Nation and various states should act as a template for future contract negotiations between other Native American groups and states.
{1} NEGOTIATION—GENERAL
{87} SUBJ MATTER: GOV’T

Kouslaa Tunee Kessler-Mata, Empowerment Through Incorporation? The Trouble With Agreement Making and Tribal Sovereignty, 47 Tulsa L. Rev. 599 (2012).
This article discusses institutionalized agreements between Native American tribes and state or local governments and examines how various forms of negotiations in these agreements help to level the playing field between a disadvantaged populous and larger government entities. The article advocates for additional structure for tribes that can help ensure that their agreements can be enforced and complied with.
{1} NEGOTIATION—GENERAL
{87} SUBJ MATTER: GOV’T

W. Mark C. Weidemaier, Judging-Lite: How Arbitrators Use And Create Precedent, 90 N.C. L. Rev. 1091 (2012).
This article discusses the debate about the role of precedence in arbitration. The author also analyzes how precedence is used by arbitrators and judges and the implications it has on judicial review.
{44} ARBITRATION—GENERAL
{87} SUBJ MATTER: GOV’T
{137} EFFECT OF PROCESS ON NON-PARTICIPATORY PARTIES