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All articles tagged '"United States"'
84 articles found
The Mediation Solution
By Beth Graham - July 2, 2013
Two Business Law Professors at the University of San Diego just published a thoughtful article entitled The Mediation Solution, BizEd July / August 2013; AACSB International, pp. 58-59, which discusses mediation in the post-secondary educational system.
American Exceptionalism in Consumer Arbitration
By Beth Graham - May 22, 2013
Amy Schmitz, Professor of Law at the University of Colorado Law School, has authored an interesting article entitled, American Exceptionalism in Consumer Arbitration, Loyola University Chicago International Law Review, Vol. 10, No. 1, 2013; U. of Colorado Law Legal Studies Research Paper No. 13-7. In her paper, Professor Schmitz describes business-to-consumer arbitration policy in the United States and the effect it may have on cross-border disp
International Arbitration and Discovery Under 28 U.S.C. Section 1782
By Beth Graham - May 8, 2013
S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored an article discussing the changing role of discovery requests pursuant to 28 U.S.C. Section 1782 in international arbitration disputes.
WIPO Arbitrations Over Domain Name Disputes Reach Record High
By Beth Graham - April 24, 2013
Since 2000, the World intellectual Property Organization (WIPO) has provided arbitration services for alleged cybersquatting disputes. Last year, the number of domain name disputes arbitrated through WIPO jumped by an estimated five percent to reach nearly 3,000.
Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration
By Beth Graham - March 14, 2013
Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog), has published an interesting article entitled Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration, 53 Virginia Journal of International Law __ (2013), University of Missouri School of Law Legal Studies Research Paper No. 2013-05. Here is the abstract: Internatio
Book | International Commercial Arbitration: A Guide for U.S. Judges
By Victoria VanBuren - January 15, 2013
The U.S. Federal Judicial Center has just published a new monograph entitled “International Commercial Arbitration: A Guide for U.S. Judges.” The text, which was written by Professor S.I. Strong of the University of Missouri, provides readers with information on the intricacies of international commercial arbitration and the various ways that U.S. courts may become involved in the process. The book is part of the Federal Judicial Cent
U.S. District Court Denies Applications for Search Warrants for Electronic Communications Due to Over-Breadth
By Victoria VanBuren - November 5, 2012
by Jeremy Clare Magistrate Judge David Waxse of the United States District Court for the District of Kansas denied two applications for search warrants in which the government sought to gain emails and faxes from accounts used by an individual that allegedly used the accounts in an email spam campaign to defraud other individuals. Magistrate Judge Waxse denied the applications because the warrants, as proposed, violated the Fourth Amendment. In I
USADA Case against Lance Armstrong | Standard of Proof and Means of Proof
By Victoria VanBuren - October 17, 2012
by Jeremy Clare Standard of Proof According to Article 3.1 of the World Anti-Doping Code (the Code), USADA bore the burden of establishing Mr. Armstrong’s violations of the Code. “This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt.” USADA noted in the Reasoned Decision that the standard is comparable to the standard applied to other cases of professional misconduct. In t
Article | Mass Procedures as a Form of ‘Regulatory Arbitration’ | Abaclat v. Argentine Republic and the International Investment Regime
By Victoria VanBuren - September 19, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted “Mass Procedures as a Form of ‘Regulatory Arbitration’ – Abaclat v. Argentine Republic and the International Investment Regime,” 38 The Journal of Corporation Law __ (forthcoming 2013) on SSRN. The abstract is: Commentators and counsel agree that Abaclat v. Argentine Republic is one of the most important investment arbitrations in recent years. Described alternatively as “unp
Professor S.I. Strong Named as a U.S. Supreme Court Fellow for the 2012-2013 Term
By Victoria VanBuren - August 21, 2012
We are pleased to announce that our blog contributor, Professor S.I. Strong (University of Missouri School of Law), has been selected as a Fellow of the Supreme Court of the United States for the 2012-13 term. Professor Strong will be assigned to the International Relations Office of the Federal Judicial Center, where she will examine the federal judicial process and seek, propose, and implement solutions to problems in the administration of just
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