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Archived articles from June 2017

13 articles found

When the Empty ADR Chair Is Occupied by a Litigation Funder

By Beth Graham - June 27, 2017
Professor of Legal Practice Elayne E. Greenberg, Assistant Dean of Dispute Resolution Programs and Director of the Hugh L. Carey Center for Dispute Resolution at St. John's University School of Law, has authored “When the Empty ADR Chair Is Occupied by a Litigation Funder,” NYSBA New York Dispute Resolution Lawyer, Vol. 10, No. 17, Spring 2017; St. John's Legal Studies Research Paper No. 17-0007.

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SCOTX Grants Petition for Review of Individual Arbitration Order in Payday Lender Case

By Beth Graham - June 26, 2017
The Supreme Court of Texas has granted a group of payday loan customers’ request to review a putative class action case after the Fourth Court of Appeals in San Antonio ordered the customers to individually arbitrate their claims.

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Third Circuit Rules Arbitrability is a Gateway Issue

By Beth Graham - June 23, 2017
The United States Court of Appeals for the Third Circuit has issued a decision stating a federal judge committed error when he ruled on a party’s motion to dismiss a case before he considered whether the dispute should be arbitrated.

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Living the Dream of ADR: Reflections on Four Decades of the Quiet Revolution in Dispute Resolution

By Beth Graham - June 20, 2017
Thomas Stipanowich, Academic Director for the Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law at Pepperdine University School of Law, has published “Living the Dream of ADR: Reflections on Four Decades of the Quiet Revolution in Dispute Resolution,” (Symposium Keynote), Cardozo Journal of Conflict Resolution, Vol. 18, p. 513, 2017; Pepperdine University Legal Studies Research Paper No.

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DOJ Flips on Class Waivers Issue

By Beth Graham - June 19, 2017
On Friday, the United States Department of Justice (“DOJ”) made an abrupt about-face on the issue of whether a class waiver included in an employer’s arbitration agreement violates the National Labor Relations Act (“NLRA”).

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SCOTUS to Consider Constitutionality of Inter Partes Review of Patents

By Beth Graham - June 19, 2017
Last week, the United States Supreme Court granted certiorari in a potentially significant patent case regarding whether the adversarial process currently used by the United States Patent and Trademark Office to analyze the validity of and cancel existing patents is constitutional.

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U.S. Dept. of Ed. Reconsidering Regulation Banning Pre-Dispute Arbitration Agreements in Higher Education

By Beth Graham - June 16, 2017
On Wednesday, the United States Department of Education announced that it would postpone the Borrower Defense to Repayment (“BDR”) final regulation that was scheduled to become effective on July 1, 2017.

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Special Masters: How to Help Judges Extend Their Reach… And Exceed Their Grasp

By Beth Graham - June 16, 2017
Disputing would like to announce guest post writer Merril Hirsh has published a thought-provoking and timely article focused on the idea that special masters are well-positioned at the intersection between Alternative Dispute Resolution (“ADR”) and the courtroom.

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U.S. House Passes Measure that Would Repeal Arbitration Provision in Consumer Financial Protection Act

By Beth Graham - June 15, 2017
Last week, the United States House of Representatives voted 233 to 186 in favor of modifying the Dodd-Frank Wall Street Reform and Consumer Protection Act.

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Arbitrating Ballot Battles?

By Beth Graham - June 9, 2017
Rebecca Green, Professor of the Practice, Co-Director of the Election Law Program, and Assistant Director of the Center for Legal and Court Technology at William & Mary Law School, has published “Arbitrating Ballot Battles?,” Kentucky Law Journal, Vol. 75, 2015-16 (2017).

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12

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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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