Arbitration v. Litigation: The Right to Appeal and Other Misperceptions Fueling the Preference for a Judicial Forum

Alternatives to litigation have blossomed over the past quarter century and include a wide variety of practices. Among those alternatives is private arbitration where the parties submit their disputes to a neutral for binding resolution in a nonjudicial setting. Among the hallmarks of the arbitration process are its flexibility, privacy and expediency. Another cornerstone of arbitration is that it offers finality, which generally translates into less time and money spent on the dispute resolution process. Even though there are clear benefits associated with arbitration, it is not the preferred method for resolving civil disputes. To the contrary, there is a perception that attorneys prefer and will recommend litigation as the dispute resolution mechanism to be employed by their clients, and that one of the leading reasons for this preference is the availability of the right to take an appeal should they be unsatisfied with the outcome after trial. In November 2005, approximately 400 business litigators in Southern California were surveyed to test the perception that attorneys generally prefer litigation over arbitration for the resolution of general civil disputes. The survey showed that approximately 87 percent of the responding attorneys do prefer litigation over arbitration and that one of the reasons for this preference is the availability of appellate review. The survey also asked attorneys to state any other reasons they might have for preferring litigation over arbitration. This question elicited a broad assortment of responses, which revealed bad experiences in arbitration; lack of confidence in arbitrators as decision makers; a higher level of comfort and confidence in the court system based on training and experience; and frustration with arbitrators deciding matters by “splitting the baby” and not following legal precedent. This project concludes the there are misperceptions about both the perceived shortcomings associated with arbitration and the perceived attributes associated with the litigation process and seeks to demystify the arbitration process in an effort to present the arbitral forum as a more attractive alternative to litigation

Mediation Confidentiality: For California Litigants, Why Should Mediation Confidentiality be a Function of the Court in Which the Litigation is Pending?

The article presents information on mediation confidentiality. Confidentiality protections are available to California litigants depending on whether the litigants are in state or federal court. It depicts that California courts provide protection only when disputants utilize mediation for resolving their differences and also focuses on the evidence exclusion provision in which the privilege held by participant acts as bar to compel discovery without everyone\u27s consent

Facework in Mediation: The Need for Face Time

This paper was written for my Communication and Conflict class in 2005. The premise of the article is that mediators are intervenors in a dispute who, in addition to assessing the climate of the parties’ pre-mediation relationship, dealing with problems of perceptions, being on the lookout for imbalances of power, correcting false attributions and shepherding the parties’ negotiations must be prepared to anticipate, identify and handle the below-surface image needs or perceptions of the parties. The enclosed article discusses “facework” as a communication behavior that is evaluated and posits that “face” and “facework” strategies should be considered in any mediation because “face” is a universal, cross-cultural characteristic of all human behavior

Beyond the Spoken Word: Examining the Nature of Teacher Gesturing in the Context of an Elementary Engineering Curriculum for English-Learner Students

Our research team performed an exploratory analysis of teacher gesturing via a case study of an elementary teacher. We focused on gesturing, a practice found to support both bilingual English learner students’ linguistic development and mathematics achievement, during the teacher’s engineering and science lessons. The research team systematically analyzed teacher video data using McNeill’s gestural dimensions framework and found variation of gesturing types and rates when comparing engineering and baseline science lessons. Additionally, specific types of teacher-gestures appear to be associated with either behavioral or classroom management practices, procedural instructions, and discussion facilitation. We suggest that teacher-gestures such as these have the potential to facilitate bilingual English learners’ language acquisition, while also developing their STEM literacy in general and engineering capacity in particular. Further exploration of teacher-gestures in elementary engineering curricula could lead to an integrated STEM pedagogy that incorporates gesturing as a fundamental teaching strategy, bridging STEM instruction with linguistically responsive instructional practices.Educatio

Technology and Communications Coursework: Facilitating the Progression of Students with Learning Disabilities through High School Science and Math Coursework

Students identified with learning disabilities experience markedly lower levels of science and mathematics achievement than students who are not identified with a learning disability. Seemingly compounding their disadvantage, students with learning disabilities also complete more credits in non-core coursework—traditionally considered nonacademic coursework—than students who are not identified with a learning disability. The Education Longitudinal Study of 2002, a large national dataset with both regular and special education high school students, is utilized to determine whether credit accumulation in certain types of non-core coursework, such as technology and communications courses, is associated with improved science and math course taking outcomes for students with learning disabilities. Results show that credit accumulation in technology and communications coursework uniquely benefits the science course taking, and comparably benefits the math course taking, of students identified with learning disabilities in contrast to students who are not identified with learning disabilities

Supplemental Materials for "Language and Postsecondary Trajectories: How 'Ever-English Learner' Status Predicts College Student Pathways and Outcomes"

Supplemental materials (Appendix A & B) for manuscript: "Language and Postsecondary Trajectories: How 'Ever-English Learner' Status Predicts College Student Pathways and Outcomes"Educatio

California’s New Ethics Standards: A Hot Bed of Controversy

The article examines California’s new ethics rules and examines the cases which have been decided to date challenging and applying those rules. The stated goals of the New Ethics Rules are “to inform and protect participants in arbitration, and to promote public confidence in the arbitration process.” This is a laudable goal since arbitration is a private process that is dependent on public acceptance. The heart of the controversy concerning the New Ethics Rules revolves around the practical inconvenience and cost burden associated with compliance. The enclosed article concludes that such a burden goes hand-in-hand with the privilege of being empowered to decide parties’ fates by determining the outcome of their disputes with binding finality and limited judicial review

Spinal V2b neurons reveal a role for ipsilateral inhibition in speed control

The spinal cord contains a diverse array of interneurons that govern motor output. Traditionally, models of spinal circuits have emphasized the role of inhibition in enforcing reciprocal alternation between left and right sides or flexors and extensors. However, recent work has shown that inhibition also increases coincident with excitation during contraction. Here, using larval zebrafish, we investigate the V2b (Gata3+) class of neurons, which contribute to flexor-extensor alternation but are otherwise poorly understood. Using newly generated transgenic lines we define two stable subclasses with distinct neurotransmitter and morphological properties. These V2b subclasses synapse directly onto motor neurons with differential targeting to speed-specific circuits. In vivo, optogenetic manipulation of V2b activity modulates locomotor frequency: suppressing V2b neurons elicits faster locomotion, whereas activating V2b neurons slows locomotion. We conclude that V2b neurons serve as a brake on axial motor circuits. Together, these results indicate a role for ipsilateral inhibition in speed control

English Learners in California Schools: Unequal resources, 'Unequal outcomes

The Williams vs the State of California class action suit on behalf of poor children in that state argues that California provides a fundamentally inequitable education to students based on wealth and language status. This article, an earlier version of which was prepared as background to that case, reviews the conditions of schooling for English learners in the state with the largest population of such students, totaling nearly 1.6 million in 2003, and comprising about 40 percent of nation’s English learners. We argue, with evidence, that there are seven aspects of the schooling of English language learners where students receive an education that is demonstrably inferior to that of English speakers. For example, these students are assigned to less qualified teachers, are provided with inferior curriculum and less time to cover it, are housed in inferior facilities where they are often segregated from English speaking peers, and are assessed by invalid instruments that provide little, if any, information about their actual achievement. We end with suggestions for ways in which teachers, administrators, and policymakers can begin to address these inequities, even while legal remedies may remain in the distant future

A Modular Strategy for Expanding Electron-Sink Capacity in Noncanonical Cluster Assemblies

A modular synthetic strategy is described whereby organometallic complexes exhibiting considerable electron-sink capacity may be assembled by using only a few simple molecular components. The Fe2(PPh2)2(CO)5 fragment was selected as a common electroactive component and was assembled around aromatic cores bearing one, two, or three isocyanide functional groups, with the resultant complexes possessing electron-sink capacities of two, four, and six electrons, respectively. The latter complex is noteworthy in that its electron-sink capacity was found to rival that of large multinuclear clusters (e.g., [Ni32C6(CO)36]6– and [Ni38Pt6(CO)48]6–), which are often considered as benchmarks of electron-sink behavior. Moreover, the modular assembly bearing three Fe2(PPh2)2(CO)5 fragments was observed to undergo reduction to a hexaanionic state over a potential window of about −1.4 to −2.1 V (vs Fc/Fc+), the relatively compressed range being attributed to potential inversions operative during the addition of the second, fourth, and sixth electrons. Such complexes may be designated noncanonical clusters because they exhibit redox properties similar to those of large multinuclear clusters yet lack the extensive network of metal–metal bonds and the condensed metallic cores that typify the latter