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Articles

Texas Bar Journal: Internet Jurisdiction Makes Life Interesting

By Victoria VanBuren - March 18, 2010
Texas Bar Journal March 2010 | Volume 73, 3 Blogging and social networking sites such as Facebook and Twitter have quickly become a part of our daily lives. This month, the Texas Bar Journal examines the role social media is playing in a changing legal landscape. In this issue, you can find ways to effectively utilize social media in your law practice while ensuring you comport with the ethical rules that guide the legal profession. This issue fe

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State Bar of Texas Alternative Dispute Resolution Section| Winter 2010 Newsletter

By Victoria VanBuren - March 1, 2010
The Alternative Dispute Resolution Section of the State Bar of Texas has recently published its Winter 2010 newsletter. The newsletter contains the following articles: Judicial Survey on Alternative Dispute Resolution Processes Preliminary Analysis and Report (2009) Improving the Quality of Healthcare: Resolving Claim Disputes in Medicine Mediation of Medical Licensure Issues Before the Texas Medical Board Thankful for Unanswered Prayers? Unconsc

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ABA Section of Intellectual Property | Complex Patent Suits: The Use of Special Masters for Claim Construction

By Victoria VanBuren - February 18, 2010
The following is an excerpt from “Complex Patent Suits: The Use of Special Masters for Claim Construction” by Neil A. Smith published at Landslide by the ABA Section of Intellectual Property Law. When a complex patent infringement case arises, it can be in the client’s or the court’s best interest to bring in an expert on patent law and technology—as a special master—to assist the judge. Special masters can provide value to all partie

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International: Why Further Development of ADR in Latin America Makes Sense

By Victoria VanBuren - January 14, 2010
We came across a very interesting article entitled “Why Further Development of ADR in Latin America Makes Sense: The Venezuelan Model,” by Jose Alberto Ramirez Leon, 2 Journal of Dispute Resolution 399 (2005). The article provides an overview of the problems with the Venezuelan system of justice, ADR developments in the country, obstacles for further development of ADR in Venezuela, and proposals to overcome those obstacles. Here is a

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Dispute Resolution Journal Article: Decisional Errors

By Victoria VanBuren - January 11, 2010
The November 2009/January 2010 edition of the Dispute Resolution Journal features “Decisional Errors: Why We Make Them and How to Address Them” written by Disputing‘s contributor Don Philbin. Find Don’s excellent article here. On a related note, Don has recently started sharing his well-known Tweets at his new blog ADR Highlight Reel. Check it out!

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American Review of International Arbitration Article | Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties’

By Victoria VanBuren - November 16, 2009
Alan Scott Rau, Professor at The University of Texas School of Law and contributor to this blog, wrote recently an excellent article entitled Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties,’ American Review of International Arbitration, Fall 2009. We invite you to check out Professor Rau’s well-known skillful writing on the evolving issue of arbitral powers to collect evidence from non-parties to a

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Harvard Negotiation Law Review Article: “Decisional Errors– On the Field, On the Bench, In Negotiations”

By Victoria VanBuren - November 2, 2009
We invite you to read the Harvard Negotiation Law Review lead article entitled “Decisional Errors – On the Field, On the Bench, In Negotiations” written by Disputing’s blog contributor Don Philbin. Needless to say, anything Don writes is worth reading. Find the full article here. Technorati Tags: ADR, law, negotiations

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Page Perry: Arbitration or Class Action – Which is Better for Investors?

By Victoria VanBuren - October 28, 2009
Page Perry’s Investment Fraud Lawyer Blog featured last week an interesting and thoughtful post about securities arbitration. A federal judge in Atlanta recently dismissed a class action lawsuit brought against SunTrust for fraud in the sale of auction rate securities. The case was not dismissed on the merits of investors’ claims against SunTrust, but based on technical legal requirements about what it takes to plead a claim. Those requirem

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ADR Prof: Arbitration and Mediation Bankruptcy Series

By Victoria VanBuren - October 26, 2009
The ADR Prof Blog had recently an interesting series of posts about ADR and Bankruptcy. The posts relate to a conference hosted by the Hugh L. Carey Center for Dispute Resolution at St. John’s University School of Law titled “ADR Meets Bankruptcy: Cross-Purposes or Cross-Pollination.” Good stuff…Check them out: ADR Meets Bankruptcy -Part 1 (Oct. 9, 2009) ADR Meets Bankruptcy, Part 2 – Designing Dispute Systems (Oct. 13, 2009) AD

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CPR Arbitration Article: Thankful for Unanswered Prayers? Unconscionability ‘Equilibrium’

By Victoria VanBuren - October 12, 2009
Donald R. Philbin Jr., contributor to this blog, has written recently an article entitled Thankful for Unanswered Prayers? Unconscionability ‘Equilibrium,’ 27 Alternatives to the High Cost of Litigation 145 (Oct. 2009). As its title suggests, the article discusses the salient issue of unconscionability in arbitration agreements. Here is an excerpt: Collision? Or Coexistence? The issue: The states and the Supreme Court—and now Congress

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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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