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Archived articles from April 2016

9 articles found

Apparent Dichotomies, Covert Similarities

By Beth Graham - April 26, 2016
Catherine A. Rogers, Professor of Law, Paul and Marjorie Price Faculty Scholar, and Professor of Ethics, Regulation & The Rule of Law at Penn State Law and Director of the Institute for Ethics, Regulation & The Rule of Law at Queen Mary, University of London, has authored “Apparent Dichotomies, Covert Similarities: A Response to Joost Pauwelyn,” 109 AJIL Unbound 294 (2016).

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Second Circuit Reinstates Brady’s Four-Game “Deflategate” Suspension

By Beth Graham - April 25, 2016
The Second Circuit Court of Appeals has reversed a New York district judge’s order vacating an arbitrator’s decision. In National Football League Management Council et al. v. National Football League Players Association et al., No. 15-2801 (L), No. 15-2805 (CON), New England Patriots quarterback Tom Brady was suspended for four games after he was accused of participating in a scheme to cheat in a 2015 playoff game by deflating footballs to a lev

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Fifth Circuit Holds Diversity Jurisdiction Exists After FINRA Issues $10K Arbitration Award

By Beth Graham - April 21, 2016
The United States Court of Appeals for the Fifth Circuit has ruled that federal diversity jurisdiction existed after the Financial Industry Regulatory Authority (“FINRA”) issued a $10,000 arbitration award.

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Uber-Ized Corporate Law: Toward a 21st Century Corporate Governance for Crowdfunding and App-Based Investor Communications

By Beth Graham - April 18, 2016
J. W. Verret, Assistant Professor of Law at George Mason University School of Law, has published an interesting article entitled “Uber-Ized Corporate Law: Toward a 21st Century Corporate Governance for Crowdfunding and App-Based Investor Communications,” Journal of Corporation Law, Vol. 41, No. 4, pp. 101, 2016; George Mason Law & Economics Research Paper No. 16-14.

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Arizona Appellate Court Rules Mediation Communications Are Not Admissible in Legal Malpractice Case

By Beth Graham - April 13, 2016
An Arizona Court of Appeals has ruled that communications made during a mediation session are privileged and may not be used by either party in a legal malpractice case absent a statutory exception.

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Protecting Trade Secrets Under International Investment Law: What Secrets Investors Should Not Tell States

By Beth Graham - April 12, 2016
Daria Kim, Max Planck Institute for Intellectual Property and Competition Law Research Fellow (2012-2013) and the Chinese University of Hong Kong, Faculty of Law Research Associate (2013-2014), has published “Protecting Trade Secrets Under International Investment Law: What Secrets Investors Should Not Tell States,” John Marshall Review of Intellectual Property Law, Vol. 15 (2), 2016.

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Texas-Based Wind Energy Company Loses $600 Million NAFTA Claim Following Arbitration

By Beth Graham - April 11, 2016
A Texas-based renewable energy company has reportedly lost a North American Free Trade Agreement (“NAFTA”) claim filed against the Canadian government following arbitral proceedings.

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How the Supreme Court Used a Jedi Mind Trick To Turn Arbitration Law Upside Down

By Beth Graham - April 7, 2016
Imre S. Szalai, Judge John D. Wessel Distinguished Professor of Social Justice at the Loyola University New Orleans College of Law, has published “Directv, Inc. v. Imburgia: How the Supreme Court Used a Jedi Mind Trick To Turn Arbitration Law Upside Down,” 32 Ohio State Journal on Dispute Resolution, 1, 2016, Forthcoming.

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U.S. Department of Education Seeks to Constrain Use of Mandatory Arbitration Provisions by For-Profit Colleges

By Beth Graham - April 1, 2016
The United States Department of Education recently proposed to adopt measures designed to constrain the use of mandatory arbitration provisions by for-profit colleges that receive federal student aid.

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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