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Articles

After the Revolution: An Empirical Study of Consumer Arbitration

By Beth Graham - June 15, 2015
Professors David Horton and Andrea Cann Chandrasekher, University of California, Davis School of Law, have authored “After the Revolution: An Empirical Study of Consumer Arbitration,” Georgetown Law Journal, Vol. 104, 2015, Forthcoming.

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Checkmate: Early Moves Define Negotiation Outcomes

By Beth Graham - May 20, 2015
The Litigation Section of the State Bar of Texas recently published Don Philbin’s article entitled “Checkmate: Early Moves Define Negotiation Outcomes” in its newsletter.

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Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights

By Beth Graham - May 12, 2015
Judith Resnik, Arthur Liman Professor of Law at Yale Law School, has published “Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights,” 124 Yale Law Journal 2015. In her article, Professor Resnik provides a different perspective regarding the effect recent Supreme Court precedent pertaining to class waivers has had on arbitration in the United States.

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Fundamentally Unfair: An Empirical Analysis of Social Media Arbitration Clauses

By Beth Graham - April 27, 2015
Michael L. Rustad, Thomas F. Lambert Jr. Professor of Law at Suffolk University Law School, and Thomas H. Koenig, Professor of Sociology and Anthropology at Northeastern University, recently published “Fundamentally Unfair: An Empirical Analysis of Social Media Arbitration Clauses,” Case Western Reserve Law Review, Vol. 65, p. 341, 2014; Suffolk University Law School Research Paper No. 15-18.

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Use and Perception of International Commercial Mediation and Conciliation: An Empirical Study

By Beth Graham - April 20, 2015
S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri School of Law, has published, “Use and Perception of International Commercial Mediation and Conciliation: An Empirical Study,” 21 Harvard Negotiation Law Review (2015), Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2015-07.

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A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act

By Beth Graham - April 7, 2015
Assistant Professor of Law Kristen Blankley, University of Nebraska College of Law, has published a thoughtful paper entitled, “A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act,” George Mason Law Review, Forthcoming.

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Arbitration and Americanization: The Paternalism of Progressive Procedural Reform

By Beth Graham - March 30, 2015
Amalia D. Kessler, Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies and Professor (by courtesy) of History at Stanford University, has authored “Arbitration and Americanization: The Paternalism of Progressive Procedural Reform,” Yale Law Journal, 2015 Forthcoming; Stanford Public Law Working Paper No. 2586550.

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Consent Awards in International Arbitration: From Settlement to Enforcement

By Beth Graham - March 24, 2015
Dr. Yaraslau Kryvoi, Associate Professor at the University of West London and Senior Advisor to the International Courts Committee of the ABA Section of International Law, and Dr. Dmitry Davydenko, Visiting Fellow at Max Planck Institute for Comparative and International Private Law and Senior Associate with Muranov, Chernyakov & Partners, have published “Consent Awards in International Arbitration: From Settlement to Enforcement,” Brooklyn Journ

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The Will as an Implied Unilateral Arbitration Contract

By Beth Graham - March 19, 2015
E. Gary Spitko, Professor of Law at the Santa Clara University School of Law has published an interesting article entitled, “The Will as an Implied Unilateral Arbitration Contract,” Florida Law Review, Forthcoming; Santa Clara Univ. Legal Studies Research Paper No. 6-15.

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The End of Class Actions?

By Beth Graham - March 15, 2015
Vanderbilt Law School Professor Brian T. Fitzpatrick has published “The End of Class Actions?,” Arizona Law Review, Vol. 57, No. 1, 2015; Vanderbilt Public Law Research Paper No. 15-2; Vanderbilt Law and Economics Research Paper No. 15-5.

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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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