Democracy and Dispute Resolution: The Problem of Arbitration

This article seeks to bring the submerged issue of arbitration\u27s relationship to democracy to the surface of the mandatory arbitration debate. Its goal is relatively modest: To recognize and articulate the relationship between democracy and arbitration as an issue worth considering, to analyze the democratic character of arbitration and to suggest some implications of this assessment

Tullio phenomenon in superior semicircular canal dehiscence (SSCD)

A 68-year-old woman presented with worsening sound-induced vertigo (Tullio phenomenon) and left-sided hearing loss. Weber's test lateralised to the affected ear and audiography confirmed mild conductive hearing loss. Neurological assessment was remarkable for torsional/vertical noise and vibration-induced nystagmus. The patient demonstrated low threshold cervical vestibular-evoked myogenic potential responses, and superior semicircular canal dehiscence was suspected. Otoscopy, tympanography and stapedial reflexes were normal bilaterally.peer-reviewe

FAA Law, Without the Activism: What If the Bellwether Cases Were Decided by a Truly Conservative Court?

This is the published version

If the Punishment Fits - Doctored BMW Paint Job Returns Punitive Damages Issue to the Court

A lot more is at stake in BMW of North America v. Gore, 94-896, than the legal cost of repainting luxury automobiles, The case returns the issue of punitive damages to the Supreme Court amid complaints by business interests to a receptive Congress that high punitive awards are helping to stifle U.S. economic growth. At the same time, the case carries overtones of federalism, an issue that seems to lurk throughout the Supreme Court\u27s docket these days

ADR and the Rule of Law: Making the Connection

In this article, I will address important definitional questions and try to articulate why it is important for practitioners, program managers, scholars, judges, and others involved in ADR to engage questions about the relationship between ADR and the rule of law

Democracy and Dispute Resolution: Systems Design and the New Workplace

There has been growing discussion in law reviews and business journals about the so-called new workplace, which is distinguished from the old, in part, by greater employee mobility and job flexibility. This article extends that discussion by exploring the implications of the new workplace for the design of dispute resolution systems. In particular, it argues that the structure and values of the new workplace correspond to the essential values of democratic governance, and that dispute resolution should be integrated into the new workplace in a way that enhances rather than diminishes these core democratic values. As I have articulated in earlier work, these values specifically include personal autonomy, as well as certain political values (participation, accountability, transparency and rationality), legal values (equality and due process), and social capital values (trust in government, social connection and reciprocity). The article further discusses how mediation and arbitration can be integrated into the new workplace in ways that enhances their democratic character, as defined by these dimensions. Finally, it draws upon the organizational behavior and related literatures to provide empirical support for the proposition that more democratic programs can facilitate such traditional management objectives as recruitment and retention, enhanced employee performance, and compliance with corporate rules, policies, and goals

The Art, Craft, and Future of Legal Journalism: A Tribute to Anthony Lewis

In the modern era, few performed this function better than Anthony Lewis, the legendary U.S. Supreme Court reporter and columnist for The New York Times, who died in March 2013. A pioneer in the coverage of law and the courts, Lewis is widely credited with being one of the founders of contemporary legal journalism. Through a remarkable career that included two Pulitzer Prizes and five books, Lewis taught by example a generation of journalists how to cover the law with accuracy, insight, perspective, and passion. While the law can often be dry and technical, and cases idiosyncratic, Lewis showed legal journalists how to communicate the issues to readers in a compelling way, demystifying the complexities of law, bringing out the practical importance of the seemingly arcane, and – perhaps most important – making readers care about the law and its role in the world around them

Confidentiality in Arbitration: Beyond the Myth

Many people assume that arbitration is private and confidential. But is that assumption accurate? This article is the first to explore that question in the important context of whether arbitration communications can be discovered and admitted into evidence in other legal proceedings - a question that is just beginning to show up in the cases. It first surveys the federal and state statutory and case law, finding that arbitration communications in fact are generally discoverable and admissible. It then considers the normative desirability of discovering and admitting arbitration communications evidence, concluding that the free discovery and admissibility of arbitration communications would frustrate the intent of the Federal Arbitration Act and contradict the case law that has arisen under it, thwart the reasonable expectations of the parties, and give rise to potential abuses of the arbitration process. It finally concludes with a recommendation that the burden of proof be elevated for arbitration communications evidence, permitting their discovery only when the evidence is otherwise unavailable and necessary in a particular case

Index heuristics for routing and service control problems within queueing systems

This thesis is naturally broken down into two main problems, one concerning optimal routing control and the other optimal service control. In the routing control problem the arriving customers must be allocated to one of the 'K' possible service stations. We assume that the customers arrive in a single Poisson stream. We take the service at each of the stations to be exponentially distributed, but perhaps with different parameters. The system cost rate is additive across the queues formed at each station. We also have that at each station the holding cost function is increasing convex. Following Whittle's approach to a class of restless bandit problems, we develop a Lagrangian relaxation of the routing control problem which serves to motivate the development of index heuristics. The index by a particular station is characterised as a fair charge for rejecting the arriving customer at that station. We also consider a policy improvement index for comparison to the heuristic. We develop these indices and report an extensive numerical investigation which exhibits strong performance of the index heuristic for both discounted and average costs.The second problem concerns the optimal service control of a multi-class M/G/l queueing system in which customers are served non preemptively. The system cost rate is additive across classes and increasing convex in the numbers present within each class. We again follow the method prescribed by Whittle when considering a class of restless bandits. Hence we develop a Lagrangian relaxation of the service control problem which motivates the development of a class of index heuristics. For a particular customer class the index is characterised as a fair charge for service of that class. These indices are developed and we again report representative results from an extensive numerical study which again implies a strong performance of the index heuristic for both discounted and average costs

Perspective on the RAND Report: The Dialogue Continues

This issue of Dispute Resolution Magazine focuses on the RAND Report, offering a wide variety of perspectives on the study and its significance. It begins with RAND\u27s own summary of its methodology, findings, and preliminary conclusions