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Penn State Law eLibrary

Penn State Law eLibrary

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    Content Posted in 2017

    PDF

    A Cautionary Tale on Arbitral Authority: Judges, Arbitrators and the Stolt-Nielsen Decision, William W. Park

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    A Decade and Some Change: A Look into the New 2012 ICC Rules of Arbitration, Linnea Ignatius

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    Adhesive Arbitration: The Sustainable Grace for the Future of the World's Most Profitable Sports Leagues, Evan Goldsmith

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    ADR and Divotce in Light of the Elkins Legislation, Jennifer Adams

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    ADR and the Extraction of Coal Bed Methane from Split-Ownership Estates, Alyssa Looney

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    Adrift at Sea: How the United States Government is Forgoing the Fourth Amendment in the Prosecution of Captured Terrorists, Frank Sullivan

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    Air Traffic Control: How Mexican Cartels are Utilizing Drones to Traffic Narcotics into the United States, Britton Shields

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    Alternative Dispute Resolution and Social Media: How Mandatory Arbitration Clauses Impact Social Networking, Kelsey L. Swaim

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    ALTERNATIVE DISPUTE RESOLUTION FOR ELECTION ACCESS ISSUES IN A POST-VOTING RIGHTS ACT SECTION 5 LANDSCAPE, Casey Millburg

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    Amidst 24/7 Media Climate, SIAC Provides for Speedy Process and Emergency Relief, Nathan C. Volpi

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    An Alternative Approach to Justice: The Past, Present, and Future of the Mediation Program at the U.S. District Court for the Southern District of New York, Rebecca Price

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    An Arbitration Body for the International Seoul: KCAB's New Rules, Alexander Wiker

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    A Narrowing View: The Sixth Circuit and BAE, Alexander Park

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    Approaching "Dangerous" Territory: The Implications of DIRECTV v. Imburgia and the Current Scope of U.S. Arbitration Law, Stephanie Lapple

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    Arbitration Agreements: The Perfect Defense for Law School Deceit, Jeremy Alm

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    Arbitration Ambush in a Policy Polemic, Amy J. Schmitz

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    Arbitration and the Constitution, Gabrielle Gilbeau

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    Arbitration and the Marcellus Shale, Zach Morahan

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    Arbitration: Creature of Contract, Pillar of Procedure, Hiro N. Aragaki

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    Arbitration Innumeracy, Christopher R. Drahozal

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    ARBITRATION IN WILLS AND TRUSTS: FROM GEORGE WASHINGTON TO AN UNCERTAIN PRESENT, Edward F. Sherman

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    Arbitration or Litigation? Private Choice as a Political Matter, Ronald A. Brand

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    Arbitration Post-AT&T Mobiloty v. Concepcion at the American Arbitration Association - A Service Provider's Perspective, Sandra K. Partridge

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    ARBITRATOR’S EVIDENT PARTIALITY: CURRENT U.S. STANDARDS AND POSSIBLE SOLUTIONS BASED ON COMPARATIVE REVIEWS, Seung-Woon Lee

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    Arbitrators' Neutrality in the United Kingdom and the United States, Susanna Chehata

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    Are Arbitrators Right Even When They Are Wrong?: Second Circuit Upholds Arbitral Ruling Allowing Implicit Reference to Class Arbitration, Dustin Morgan

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    A Research Agenda to Improve Decision Making in Cyber Security Policy, Benjamin Dean and Rose McDermott

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    Arkansas Supreme Court Holds Invalid Arbitration Agreement For Lack of Mutuality, Nathaniel Conti

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    Asymmetric Dynamism and Acceptable Judicial Review of Arbitration Awards, Jeffrey W. Stempel

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    A Tale of Two Systems: Hong Kong vs. The People's Republic of China, Peter Klein

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    A Tribunal's Manifest Excess of Powers: An Examination of BIT Preclusion, Melody Mahla

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    AT&T Mobility and FAA Over-Preemption, Jill Gross

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    AT&T Mobility v. Concepcion and the Antidiscrimination Theory of FAA Preemption, Hiro N. Aragaki

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    Balancing Federal Arbitration Policy with Whistleblower Protection: A Comment on Khazin v. TD Ameritrade, Faith Van Horn

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    Behavioral Economics in International Investment Law: Bounded Rationality and the Choice of Reservation List Modality, Tae Jung Park

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    Betting Against the House: California and Nevada's Stand Against Arbitration Clauses in Home Construction Contracts, Devin Ryan

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    Bezio v. Draeger: A Missed Opportunity for a Doctrinal Solution to the Jurisdictional Split as to the Arbitrability of Legal Malpractice Claims, Brian Cressman

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    Bifurcated Proceedings in Illinois: Survivor Actions to Arbitration but Wrongful Death Claims to Litigation, Joshua Bower

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    Bitcoin and the Blockchain as Possible Corporate Governance Tools: Strengths and Weaknesses, Fiammetta S. Piazza

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    BOLSTERING THE FOUNDATION OF FUNDAMENTAL FAIRNESS: THE NINTH CIRCUIT DECLARES EQUITABLE TOLLING NOW APPLIES TO THE FEDERAL ARBITRATION ACT, Matthew E. Selmasska

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    Book Review: Lucy Reed, Jan Paulsson, and Nigel Blackaby, Guide to ICSID Arbitration (2d ed., 2011), Jack J. Coe Jr.

     

    Break, Yearbook on Arbitration and Mediation

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    Breaking the Cemnet: Venezuela's Move to Nationalize Cemex Leads to Dispute Over Arbitral Jurisdiction, Shari Manasseh

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    Broad Powers, Silent Intentions: Compelling Class Action Arbitration without Express Authorization, Daivy P.E. Dambreville

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    Can(not) a State Law Override a Federal Treaty Obligation?, Evangelo M. Theodosopoulos

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    China's Nine Dash Line Claim in Light of the Ruling by the Permanent Court of Arbitration (12 July 2016), Ekrem Korkut and Woo Hyun Kang

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    Chinese Conflicts of Law: A Restatement and Legisprudence Proposal, Shaoming Zhu

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    Civil Jury Instructions - 1.110 (Employer Liability for Negligent Hiring or Retention of Employee Engaged in Conduct Outside the Scope of Employment), PA Bar Institute

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    Civil Jury Instructions - 6.00 (Agency - Definitions), PA Bar Institute

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    Civil Jury Instructions - 6.100 (Employer Liability for Employee Engaged in Criminal or Intentional Conduct - Scope of Employment), PA Bar Institute

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    Civil Jury Instructions - 6.10 (Agency - Definitions - Scope of Authority and Ratification), PA Bar Institute

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    Civil Jury Instructions - 6.20 (Vicarious Liability Based Upon Apparent Agency Ostensible Agency, or Agency by Estoppel), PA Bar Institute

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    Civil Jury Instructions - 6.30 (Corporation - Employees), PA Bar Institute

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    Civil Jury Instructions - 6.40 (Vicarious Liability), PA Bar Institute

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    Civil Jury Instructions - 6.50 (Vicarious Liability), PA Bar Institute

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    Civil Jury Instructions - 6.60 (Vicarious Liability), PA Bar Institute

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    Civil Jury Instructions - 6.70 (Vicarious Liability), PA Bar Institute

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    Civil Jury Instructions - 6.80 (Scope of Employment), PA Bar Institute

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    Civil Jury Instructions - 6.90 (Scope of Employment), PA Bar Institute

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    Clear Statement Rules and the Integrity of Labor Arbitration, Stephen F. Ross and Roy Eisenhardt

     

    Closing Remarks, Christopher Drahozal

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    Combating Structural Bias in Dispute System Designs that Use Arbitration: Transparency, the Universal Sanitizer, Lisa Blomgren Amsler

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    Combinations of Mediation and Arbitration with the Same Neutral: A Framework for Judicial Review, Ellen E. Deason

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    Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play, Thomas J. Stipanowich and Zachary P. Ulrich

     

    Compassionate Migration and Regional Policy in the Americas, Steven W. Bender, William F. Arrocha, and Victor C. Romero

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    Concepcion and Preemption Under the Federal Arbitration Act, Ian D. Mitchell and Richard A. Bales

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    Concluding Remarks, Thomas Carbonneau

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    Confidentiality in Consumer and Employment Arbitration, Christopher R. Drahozal

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    Connecticut Forces Litigious Patients to Play Nice with Doctors, Mandates Mediation for All Medical Malpractice Claims, Ryan J. Maerz

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    CONSUMER CLICK ARBITRATION: A REVIEW OF ONLINE CONSUMER ARBITRATION AGREEMENTS, Jeffrey H. Dasteel

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    Contemporary Writings in a Global Society: Collected Works

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    Contract and Kompetenz, Peter B. Rutledge

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    Copper, Gold, Corruption, and No Arbitral Relief: A Recent Pakistan Supreme Court Calls Into Question the Doctrine of Separability, Sara E. Myirski

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    Could Commercial Arbitration Help Settle a Historic Conflict Between the Israelites and Palestinians?, Evan Goldsmith

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    COURTS AND ARBITRATION: RECONCILING THE PUBLIC WITH THE PRIVATE, Susan L. Karamanian

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    Cover Image

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    Creating a 21st Century Oligarchy: Judicial Abdication to Class Action Mediators, James R. Coben

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    CROATIA V. SLOVENIA: THE DEFILED PROCEEDINGS, Matko Ilic

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    Cross-Examination in International Arbitration, Jonathan R. Vaitll

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    Dean's Welcome, Phillip J. McConnaughay

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    Dedication

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    Dedication

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    Dedication

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    Dedication

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    Dedication

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    Defusing Hydroelectric Brinkmanship: The Indus Waters Treaty's Alternative Dispute Resolution Provisions and Their Role in the Tenuous Peace Between India and Pakistan, Thomas E. Robins

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    Does AT&T Mobility LLC v. Concepcion Justify the Arbitration Fairness Act?, Steven C. Bennett

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    DOSCHER: THE SECOND CIRCUIT FREES ITSELF FROM ITS PRIOR LOOK THROUGH APPROACH, FUELING A CIRCUIT SPLIT, Peter Nelson

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    Drafting Lessons from the Recent Past: Avoiding the Pitfalls of Recent Litigants When Drafting Arbitration Agreements, Shari Maynard

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    Dreaded Dearth of Precedent in the Wake of International Arbitration - Could the Cause also Bring the Cure?, Ank Santens and Romain Zamour

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    eBay's De Facto Low Value High Volume Resolution Process: Lessons and Best Practices for ODR Systems Designers, Louis F. Del Duca, Colin Rule, and Kathryn Rimpfel

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    Editorial Board

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    Educational Collective Bargaining: The Effect of Impasse Resolution Procedures on Public School Teachers, Jessica Nixon

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    EGYPTIAN CONFIDENTIAL: AN ANALYSIS OF CONFIDENTIALITY IN THE EGYPTIAN ARBITRATION SYSTEM, Kayla Snowberger

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    Empty Rhetoric: The Failings of the LCIA's Ethical Rules for Legal Counsel and Alternatives, Christina Bustos

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    Enhanced Dispute Resolution Through the Use of Information Technology, Garret Brouwer

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    Error Correction and Dispute System Design in Investor-State Arbitration, Andrea Kupfer Schneider

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    Ethics and Sport Dispute Resolution in Sport: Athletes, Law and Arbitration, Zachary Burley

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    Executive Board

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    Executive Board

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    Executive Board

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    Executive Board

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    Executive Board

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    Explaining the Financial Stability Board: Path Dependency and Zealous Regulatory Apprehension, Camilo Soto Crespo

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    Family Law Forms - 10.1 (Request for Production of Documents: Custody), PA Bar Institute

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    Family Law Forms - 10.2 (Request for Production of Documents: Custody Relocation), PA Bar Institute

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    Family Law Forms - 11.1 (Request for Production of Documents: Retirement Plan), PA Bar Institute

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    Family Law Forms - 11.2 (Request for Production of Documents: Deferred Benefits/Stock Options), PA Bar Institute

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    Family Law Forms - 12.1 (Request for Production of Documents Related to Tracing of Income/Assets), PA Bar Institute

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    Family Law Forms - 13.1 (Discovery Checklist for Commingled Assets), PA Bar Institute

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    Family Law Forms - 13.2 (Post-Separation Spending from Marital Account), PA Bar Institute

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    Family Law Forms - 13.3 (Identifying Missing Financial Marital Assets), PA Bar Institute

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    Family Law Forms - 14.3 (Formatting Requirements), PA Bar Institute

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    Family Law Forms - 14.4 (Order of Court), PA Bar Institute

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    Family Law Forms - 14.5 (Protocol for Imaging, Segregating Privileged Information, and Conducting Forensic Examination of Personal Computer), PA Bar Institute

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    Family Law Forms - 15.10.1 (Subpoena to Attend and Testify), PA Bar Institute

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    Family Law Forms - 15.10.2 (Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21), PA Bar Institute

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    Family Law Forms - 15.10.3 (Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22), PA Bar Institute

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    Family Law Forms - 15.10.4 (Onjection to Subpoena Pursuant to Rule 4009.21), PA Bar Institute

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    Family Law Forms - 15.10.5 (Certificate Prerequisite to Service of a Subpoena Pursiant to Rule 4009.22), PA Bar Institute

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    Family Law Forms - 15.11.1 (Authorization to Financial Institutions), PA Bar Institute

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    Family Law Forms - 15.11.2 (Letter to Financial Institutions), PA Bar Institute

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    Family Law Forms - 15.11.3 Iinsurance Company Authorization), PA Bar Institute

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    Family Law Forms - 15.11.4 (Letter to Insurance Company), PA Bar Institute

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    Family Law Forms - 15.11.5 (Retirement Plan Authorization), PA Bar Institute

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    Family Law Forms - 15.11.6 (Letter Regarding Retirement Plan), PA Bar Institute

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    Family Law Forms - 15.11.7 (General Authorization to Employer), PA Bar Institute

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    Family Law Forms - 15.11.8 (Authorization for Credit Bureau), PA Bar Institute

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    Family Law Forms - 15.11.9 (Letter to Health Care Provider), PA Bar Institute

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    Family Law Forms - 15.2.1 (Motion for Allowance of Discovery: Child Support, Spousal Support, and Alimony Pendente Lite), PA Bar Institute

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    Family Law Forms - 15.2.2 (Order of Court), PA Bar Institute

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    Family Law Forms - 15.3.1 (Support and Alimony Pendente Lite Motion for Designating as Complex Case and Scheduling Conference), PA Bar Institute

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    Family Law Forms - 15.3.2 (Order of Court), PA Bar Institute

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    Family Law Forms - 15.4.1 (Motion for Allowance of Discovery: Custody/Partial Custody), PA Bar Institute

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    Family Law Forms - 15.4.2 (Order of Court), PA Bar Institute

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    Family Law Forms - 15.5 (Request for Admissions Pursuant to Pa.R.C.P. 4014), PA Bar Institute

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    Family Law Forms - 15.6.1 (Request for Entry and Inspection and Other Purposes Pursuant to Pa.R.C.P. 4009.31), PA Bar Institute

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    Family Law Forms - 15.6.2 (Request for Entry and Inspection and Other Purposes Pursuant to Pa.R.C.P. 4009.31), PA Bar Institute

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    Family Law Forms - 15.7.1 (Motion for Protective Order), PA Bar Institute

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    Family Law Forms - 15.7.2 (Order of Court), PA Bar Institute

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    Family Law Forms - 15.8.10 (Petition to Seal Record), PA Bar Institute

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    Family Law Forms - 15.8.11 (Order of Court), PA Bar Institute

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    Family Law Forms - 15.8.1 (Order of Court), PA Bar Institute

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    Family Law Forms - 15.8.2 (Agreement of Confidentiality), PA Bar Institute

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    Family Law Forms - 15.8.3 (Stipulation and Protective Order Governing Confidential Material), PA Bar Institute

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    Family Law Forms - 15.8.4 (Affidavit), PA Bar Institute

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    Family Law Forms - 15.8.5 (Confidentiality Agreement), PA Bar Institute

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    Family Law Forms - 15.8.6 (Confidentiality Agreement), PA Bar Institute

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    Family Law Forms - 15.8.7 (Confidentiality Stipulation and Order), PA Bar Institute

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    Family Law Forms - 15.8.8 (Certification), PA Bar Institute

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    Family Law Forms - 15.8.9 (Agreement of Confidentiality), PA Bar Institute

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    Family Law Forms - 15.9.1 (Motion for Compliance), PA Bar Institute

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    Family Law Forms - 15.9.2 (order of Court), PA Bar Institute

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    Family Law Forms - 15.9.3 (Motion for Compliance and Sanctions), PA Bar Institute

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    Family Law Forms - 15.9.4 (Order of Court), PA Bar Institute

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    Family Law Forms - 16.1 (Questions to Qualify an Expert Witness), PA Bar Institute

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    Family Law Forms - 17.1 (Questions to Depose a Business Owner), PA Bar Institute

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    Family Law Forms - 17.2 (Questions to Depose an Employee Regarding Deferred Benefits/Stock Options), PA Bar Institute

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    Family Law Forms - 18.1 (Business Valuation Report Analysis Checklist), PA Bar Institute

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    Family Law Forms - 2.1.1 (Request for Production of Documents), PA Bar Institute

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    Family Law Forms - 2.1.2 (Notice of Service of Interrogatories), PA Bar Institute

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    Family Law Forms - 2.1.3 (Demand for Answer to Interrogatories), PA Bar Institute

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    Family Law Forms - 2.1.4 (Introductions and Definitions for Interrogatories), PA Bar Institute

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    Family Law Forms - 2.1.5 (Verification), PA Bar Institute

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    Family Law Forms - 3.1.1 (General Interrogatories), PA Bar Institute

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    Family Law Forms - 3.1.2 (Follow-Up Set of Interrogatories), PA Bar Institute

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    Family Law Forms - 3.1.3.10 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.11 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.12 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.13 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.14 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.15 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.16 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.17 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.18 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.19 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.1 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.20 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.21 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.22 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.23 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.24 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.2 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.3 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.4 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.5 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.6 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.7 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.8 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 3.1.3.9 (Interrogatories Related to General Business Interests/Corporations), PA Bar Institute

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    Family Law Forms - 4.1.1 (Interrogatories Related to Support, Alimony Pendente Lite, Alimony, and Child Support), PA Bar Institute

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    Family Law Forms - 4.1.2 (Interrogatories Related to Support, Alimony Pendente Lite, Alimony, and Child Support), PA Bar Institute

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    Family Law Forms - 4.1.3.1 (Income Statement), PA Bar Institute

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    Family Law Forms - 4.1.3.2 (Expense Statement), PA Bar Institute

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    Family Law Forms - 5.1 (Interrogatories Related to Custody), PA Bar Institute

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    Family Law Forms - 6.1.1 (Wuestions Regarding Counsel Fee Arrangements), PA Bar Institute

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    Family Law Forms - 6.1.2 (Retirement Plan Interrogatories), PA Bar Institute

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    Family Law Forms - 6.1.3 (Questions Regarding Prior Marriages), PA Bar Institute

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    Family Law Forms - 7.2 (Request for Production of Documents), PA Bar Institute

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    Family Law Forms - 7.3 (Request for Production of Documents), PA Bar Institute

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    Family Law Forms - 8.1 (Request for Peoduction of Personal Documents Related to Equitable Distribution), PA Bar Institute

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    Family Law Forms - 8.2.10 (Request for Production of Documents: Medical Practice, Solo Practice), PA Bar Institute

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    Family Law Forms - 8.2.11 (Request for Production of Documents: Medical Practice, Partnership or Corporation), PA Bar Institute

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    Family Law Forms - 8.2.12 (Request for Production of Documents: Dental Practice), PA Bar Institute

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    Family Law Forms - 8.2.13 (Request for Production of Documents: Law Practice), PA Bar Institute

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    Family Law Forms - 8.2.14 (Request for Production of Documents: Real Estate Holdings), PA Bar Institute

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    Family Law Forms - 8.2.15 (Request for Production of Documents: Travel Agency), PA Bar Institute

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    Family Law Forms - 8.2.16 (Request for Production of Documents: Physical Therapy Business), PA Bar Institute

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    Family Law Forms - 8.2.17 (Request for Production of Documents: Car Wash), PA Bar Institute

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    Family Law Forms - 8.2.18 (Request for Production of Documents: Bealry/Barber Shops), PA Bar Institute

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    Family Law Forms - 8.2.19 (Request for Production of Documents: Home Health Agency), PA Bar Institute

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    Family Law Forms - 8.2.1 (Request for Production of Documents: General Business Corporation), PA Bar Institute

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    Family Law Forms - 8.2.20 (Request for Production of Documents: Professional Athlete), PA Bar Institute

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    Family Law Forms - 8.2.2 (Request for Production of Documents: General Contractor/Home Builder), PA Bar Institute

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    Family Law Forms - 8.2.3 (Request for Production of Documents: Salesperson), PA Bar Institute

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    Family Law Forms - 8.2.4 (Request for Production of Documents: Product Broker), PA Bar Institute

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    Family Law Forms - 8.2.5 (Request for Production of Documents: Real Estate Agent), PA Bar Institute

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    Family Law Forms - 8.2.6 (Request for Production of Documents: Eating/Drinking Establishments), PA Bar Institute

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    Family Law Forms - 8.2.7 (Request for Production of Documents: Auto Dealership), PA Bar Institute

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    Family Law Forms - 8.2.8 (Request for Production of Documents: Funeral Home), PA Bar Institute

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    Family Law Forms - 8.2.9 (Request for Production of Documents: Partnership Interests), PA Bar Institute

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    Family Law Forms - 9.1 (Request for Production of Documents: Support), PA Bar Institute

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    FCPA Compliance Should Not 'Cost an Arm and a Leg': Assessing the Potential for Enhanced Cost-Efficiency and Effectiveness for an Anti-Corruption Compliance Program with the Implementation of an Enterprise Legal Risk Management Framework, Garrick Apollon

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    For Better or Worse: Surviving Divorce Through Alternative Dispute Resolution, Teleicia J. Rose

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    Foreward

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    Foreward

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    Foreward

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    Foreward

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    Foreward, Nicholas Fox

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    Foreword

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    For the Good of All Not Involved: The Case for a Public Protection Exception to the Enforcement of Arbitral Awards, Michelle Polanto

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    From Past to Present: The Rules of Arbitration Under the United Nations Commission on International Trade Law, Julia Rabich

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    Full of Sound and Fury, Signifying Nothing: Second Circuit Chides Employer's Unfair Arbitration Terms, Tet Still Enforces Agreement, Michael C. Barbarula

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    Fundamentals of Labor Arbitration, Christen L. Rafuse

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    Getting to Yes: Remembering Roger Fisher, Kevin R. Schock

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    Has London Outmaneuvered the Italian Torpedo, Thomas Panighetti

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    Heien's Mistake of Law, Kit Kinports

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    How Nice to See You Again: The Repetitive Use of Arbitrators and the Risk of Evident Partiality, Drew J. Hushka

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    Hurricanes, Fraud, and Insurance: The Supreme Court Weighs in on, But Does Not Wade Into, the Concurrent Causation Conundrum in State Farm Fire and Casualty Company v. Rigsby, Chris French

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    Hypothesis Testing in Law and Forensic Science: A Memorandum, David H. Kaye

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    I Agreed to What?: Protecting Consumers from Unfair Practices in Binding Consumer Arbitration, Laura Mangotta

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    I-Arbitration: Not the Newest Apple(R) Product, But Sharia Law in International Commercial Arbitration, Thomas Panighetti

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    ICANN's Uniform Domain Name Dispute Resolution Policy as a Means of Combating Copyright Infringement, Dwight A. Decker Jr.

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    Idaho Offers More than Just Potatoes to Victorious Parties in Arbitration, Nathan C. Volpi

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    If There's a Will, There's a Way: The California Supreme Court's Sidestep of the U.S. Supreme Court, Ryan Cummins

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    Index

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    Indian Court Expands its Jurisdiction Over Foreign Arbitral Panels, Dru Miller

     

    Information Session on President Trump's Executive Orders on Immigration, Shoba S. Wadhia

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    Insurance Policies: The Grandparents of Contractual Black Holes, Chris French

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    Intellectual Property Rights in the Kingdom of Saudi Arabia In Light of Sharia and the TRIPS Agreement, Abdulrahman Alabdulkarim

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    International Arbitration & Global Governance: Contending Theories and Evidence, Ryan Thomas

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    International Commercial Arbitration and the Arbitrator's Contract, Jaclyn Reilly

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    International Commercial Arbitration in Central Asia, W. E. Butler

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    International Investment and Commercial Arbitration: An Industry Perspective, Lauren Willis

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    International Tax Planning as a Business Driver, Robert A. Agresta

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    Introduction, Nancy Welsh

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    Introduction, Thomas Carbonneau

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    Introduction to the Arbitrator as Judge . . . And Judge of Jurisdiction Symposium, Thomas E. Carbonneau

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    Investment Treaty Arbitration and Its Future -- If Any, Kaj Hobér

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    Is Less Really More? Hall Street Associates, Private Procedural Ordering and Expanded Review of Arbitral Awards in State Courts, Allen Blair

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    JAMS Provides Navigation Through the Obstacle Course of Discovery, Scott C. Denlinger

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    Jones on Evidence: Civil and Criminal 7th ed., Anne T. McKenna and Clifford S. Fishman

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    Judicial Review of Mediated Settlement Agreements: Improving Mediation with Consent, Jacqueline M. Nolan-Haley

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    Judicial Review: What Judges Write When They Write About Mediation, Jennifer W. Reynolds

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    Just a Matter of Time: The Second Circuit Renders Ancillary State Laws Inapplicable by Authorizing Arbitrators to Decide Whether a Statute of Limitations Caqn Bar Arbitration, Daivy P.E. Dambreville

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    Keynote Address, John D. Feerick

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    Lawyers and Mediation, Brian Rans

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    LCIA's New Rules: Modernization Through Adherence to Traditional Principles of Arbitration, Shohin Hodizoda-Vance

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    Legal Formulations of a Human Right to Information: Defining a Global Consensus, Kimberli Morris Kelmor

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    Legal Status of Drones Under LOAC and International Law, Vivek Sehrawat

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    Like Oil and Vinegar, Sitting Judges and Arbitrators Do Not Mix: Delaware's Unique Attempt at Judicial Arbitration, Gellaine T. Newton

     

    Lunch, Yearbook on Arbitration and Mediation

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    Maintaining Individual Liability in AML and Cybersecurity at New York's Financial Institutions, Harry Dixon

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    Making the Withdrawal: The Effect AT&T Mobility v. Concepcion Will Have on State Laws Similar to California's Discover Bank Rule, Zachary R. Brecheisen

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    Maryland Bill Provides Homeowners with Foreclosure Meidation Option, Jennifer Adams

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    Massachusetts and Oregon Laws Encourage Early Resolution of Medical Malpractice Claims: DHHS Threatens to Hinder Reform, Jena Druck

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    Masthead

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    Masthead

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    Masthead

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    Mediating International child Abduction Cases: The Hague Convention, Michele Merritt

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    Mediation Advocacy: Representing Clients in Mediation, Jonathan R. Vaitll

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    Mediation in Political Conflicts: Soft Power or Counter Culture, Michelle Polato

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    Mediation's Effects: Test, Don't Guess, James A. Wall and Kyle R. Holley

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    Mediator Ethical Breaches: Implications for Public Policy, Sharon Press

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    Medical Malpractice Arbitration: Not Business as Usual, David Allen Larson

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    Michigan Appellate Court Determines that an EEOC "Right to Sue" Letter is Not Necessary to Initiate Arbitration on Title VII Claims, Nick Fox

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    Minimally Democratic Administrative Law, Jud Mathews

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    Mobil v. Venezuela: The Nationality Requirement Under the ICSID Convention, Roberto Castro de Figueiredo

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    Money Norms, Julia Y. Lee

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    Municipal Liability in PA - Answer and New Matter of Defendant, PA Bar Institute

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    Municipal Liability in PA - Interrogatories (Set No. 1) of Defendant School District, Addressed to Plaintiff, PA Bar Institute

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    Municipal Liability in PA - Notice and Complaint, PA Bar Institute

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    Municipal Liability in PA - Notice to Defend, PA Bar Institute

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    Municipal Liability in PA - Notice to Plead and Answer of Defendant, PA Bar Instutite

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    Municipal Liability in PA - Plaintiff's Response to New Matter, PA Bar Institute

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    Municipal Liability in PA - Request for Production of Documents of Defendant Addressed to Plaintiffs, PA Bar Institute

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    Murky Waters: Supreme Court of Alabama Compels Arbitration Although There May Not Have Been a Contract, Michael C. Barbarula

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    Ninth Circuit Denies Insurer's Gamble on Vacatur in Nevada, Emma M. Kline

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    No Bloch Head: Arbitrator's Decision Brings Change to the NHL, Andrew M. Kroeckel

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    NOTES FROM A QUIET CORNER: USER CONCERNS ABOUT REINSURANCE ARBITRATION – AND ATTENDANT LESSONS FOR SELECTION OF DISPUTE RESOLUTION FORUMS AND METHODS, Jeffrey W. Stempel

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    Off the Reservation: Native American Tribes Reasserting Sovereign Immunity to Trump Arbitration Agreements, Devin Ryan

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    Ohio Appellate Court Holds that Statutorily Authorized Awards of Attorney's Fees are Properly Decided by Arbitrators, Nick Fox

     

    Opening Statements, Stephanie Lapple

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    Panel No. 1: Arbitration and Legal Traditions, Carlos Flores, Andrea Bjorklund, Carlos Carmora, and Hon. Andrea Galhardo Palma

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    Panel No. 2: Arbitration in Consumer Transactions, Christopher French, David Allen Larson, Jeffrey Dasteel, and Jill I. Gross

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    Panel No. 3: Contemporary and Critical Views of Arbitration, Jeffrey Stempel, Susan L. Karamanian, Edward F. Sherman, Kristen Blankley, H. Allen Blair, and Oluwaseun Ajayi

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    PATENT ARBITRATION: THE UNDERUTILIZED PROCESS FOR RESOLVING INTERNATIONAL PATENT DISPUTES IN THE PHARMACEUTICAL AND BIOTECHNOLOGY INDUSTRIES, Alessandra Emini

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    Post Conviction Relief Act - Amended Petition for Post-Conviction Relief Pursuant to the Post Conviction Relief Act, PA Bar Institute

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    Post Conviction Relief Act - Petition for Writ of Habeas Corpus Ad Testificandum, PA Bar Institute

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    Post Conviction Relief Act - Writ of Habeas Corpus Ad Testificandum, PA Bar Institute

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    "Prepare for Trouble, and Make it Double": The Fourth Circuit Continues Downward Iteration of Duplicitous Test for Manifest Disregard, Garrett Lent

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    Proportionality Review in Administrative Law, Jud Mathews

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    Purpose, Precedent, and Politics: Why Concepcion Covers Less than You Think, Michael A. Helfand

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    Qui Tam Claims - A Way to Pierce the Federal Policy on Arbitration?: A Comment on Sakkab v. Luxottica Retail North America, Inc., Lauren Picciallo

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    Redefining Inherent Power: Belated Thoughts on the Second Circuit's Decision in Reliastar, Timothy K. Lewis and Bradley A. Nankerville

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    Red Riding Hood - Is Investor-State Arbitration the Big Bad Wolf?, Petra Butler

     

    Registration and Continental Breakfast, Yearbook on Arbitration and Mediation

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    Religious Arbitration Agreements in Contracts of Adhesion, Jeff Dasteel

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    Restricting the Reach of the Federal Arbitration Act: South Carolina Supreme Court Applies State Law and Invalidates an Arbitration Agreement in a Residential Real Estate Transaction, Tiffany Bennett

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    Re-Thinking The Federal Arbitration Act § 10: Vacating "Manifest Disregard", Brian Forgue

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    Revelation and Reaction: The Struggle to Shape American Arbitration, Thomas J. Stipanowich

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    Risk Versus Reward: The Increasing Use of Third Funders in International Arbitration and the Awarding Security for Costs, Kelsie Massini

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    Roles for Neutrals in Remedying the School Discipline Gap, Stephen S. Worthington

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    Secretaries Always Get a Bad Rep: Identifying the Controversy Surrounding Administrative Secretaries, Current Guidelines, and Recommendations, Courtney J. Restemayer

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    Seventh Circuit Comes to Arbitrator's Defense in Clarifying Narrow Scope of Arbitrator 'Evident Partiality' Under Section 10 of the Federal Arbitration Act, Mallary Willat

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    Sex, Videos, and Insurance: How Gawker Could Have Avoided Financial Responsibility for the $140 Million Hulk Hogan Sex Tape Verdict, Christopher French

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    Sixth Circuit Deferential Treatment of Notice in Employment Arbitration Agreements: A Comment on Tillman v. Macy's Inc., Caroline Myrdek

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    Skills and Values: Alternative Dispute Resolution: Negotiation, Mediation, Collaborative Law, and Arbitration, Guy Bowe

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    South African Revolutionizing Foreign Investment Protection System, Jennifer Reed

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    Special Education Arbitration: "Rightness" as a Matter of Law and Fact?, Stephen S. Worthington

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    "Start Spreading the News" . . . The Big Apple Gets a Taste of Mandatory Mediation, Melissa A. Rodriguez

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    State Action Doctrine and the Logic of Constitutional Containment, Jud Mathews

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    Success at Mediation: How to Define and Accomplish It, Nicolette Chasse

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    Supreme Court of Appeals of West Virginia Takes Meritorious Claims Back Home to the Place they Belong, Emma Kline

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    Supreme Court of Colorado Holds that an Excess Insurer Who Endorses a Primary Insurer's Coverage Agreement by Follow-Form is Subject to the Arbitral Clause within that Agreement, Jamie L. Augustinsky

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    Supreme Judicial Court of Maine Holds that Evidence From a Small Claims Mediation is Admissible in a Subsequent Criminal Trial, Jamie L. Augustinsky

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    Table of Contents

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    Table of Contents

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    Table of Contents

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    Table of Contents

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    Table of Contents

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    Table of Contents

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    Tenth Circuit Affirms the District Court's Original Decision to Compel Arbitration in an Appeal Made by the Appellant After Losing in Arbitration, Skipper Dean

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    Thanks, Obama! "Fair Pay and Safe Workplaces" Come at the Cost of Mandatory Pre-Dispute Employment Arbitration, Andrew C. Fillmore

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    That's a Wrap: The Ninth Circuit's Failure to Clarify the Enforceability of Browsewrap and Clickwrap Agreements in Internet Commerce, Ben Colburn

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    The 2012 International Chamber of Commerce Rules of Arbitration: Meeting the Needs of the International Arbitration Community in the 21st Century, Meeran Ahn

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    The Accidental Preemption Statute: The Federal Arbitration Act and Displacement of Agency Regulation, Maureen A. Weston

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    The Appearance of Impropriety: The Importance of Arbitrator Impartiality and Disclosure in Arbitration Proceedings, Yelena Rivtis

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    The Battle Over Class Action: Second Circuit Holds that Class Action Waiver for Antitrust Actions Unenforceable Under the Federal Arbitration Act, Dustin Morgan

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    The Commercial Arbitration Act of 2011: Australia's Attempt at Arbitration Eminence, Laura Mangotta

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    The Concerted Protected Activity Loophole: How the NLRB is Undermining the Federal Policy Favoring Arbitration by Invalidating Class Action Waivers, Thomas E. Robins

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    The Continuing Pro-Arbitration Trend in India: A New Global Hub?, Matthew Maragulia

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    The Court's Power to Grant Preliminary Injunctions in C ases Where Arbitration is Pending, Dwight A. Decker Jr.

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    The Current State of Arbitrator Ethics and Party Recourse Against Grievances, Shari Maynard

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    The Cyber Longbow & Other Information Strategies: U.S. National Security and Cyberspace, Gary D. Brown

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    The End of Arbitration As We Know It? Arbitration Under Attack, David Allen Larson

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    The Evolution of Pattern of Criminalizing the Unknown Crime of Rape in Global Scale, Sahar Jalili

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    The Fallout from AT&T Mobility v. Concepcion: Parameters Established by the Interpretation of Lower Courts, Terry F. Moritz

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    THE FUTURE OF CLASS ACTION WAIVERS IN EMPLOYMENT AGREEMENTS: LEWIS CREATES A FRAMEWORK FOR THE UNITED STATES SUPREME COURT, Meghan Gonyea

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    The Future of Investor-State Arbitration: Greater Transparency on the Horizon for UNCITRAL Rules, Kristin Miller

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    The Go-Between: Jan Eliasson and the Styles of Mediation, Garret Brouwer

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    The Hegemonic Arbitrator Replaces Foreign Sovereignty: A Comment on Chevron v. Republic of Ecuador, Camille Hart

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    The Idea of Arbitration, Zachary Burley

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    The Implications of Recent ICSID Arbitrator Disqualifications for Latin America, Nora Ciancio

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    The Increasing Need for Arbitration in Action Sports, Rachel Bires

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    The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell and Richard V. Meyer

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    THE IRAN-UNITED STATES CLAIMS TRIBUNAL: THE EFFECT OF FUTURE AWARDS ON INTERNATIONAL TERRORISM, Casey J. College

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    The Italian Way of Mediation, Giuseppe Conte

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    The London Court of International Arbitration Takes Root in India and Encourages Growth in Commercial Markets, Julia Rabich

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    The Misapplication and Misinterpretation of Forum Non Conveniens, Mohita K. Anand

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    The New French Arbitration Law: One Step Forward, Two Steps Back?, Jesse Baez

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    The Ninth Circuit Grapples with the Arbitrability and Unconscionability of MMWA Claims, Amanda Miller

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    The PCA's Optional Rules for Arbitration of Disputes Relating to Outer Space Activities: Bringing Arbitration to Infinity and Beyond, Jesse Baez

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    THE PSYCHOLOGY OF CONFLICT: MEDIATING IN A DIVERSE WORLD, Samantha Skabelund

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    The Role of the Courts in the New Justice System, Tania Sourdin

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    The Rules of Maternity, Dara Purvis

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    The Supreme Court's Manifest Disregard of the "Manifest Disregard" Doctrine: How Stolt-Neilsen v. Animalfeeds Expands Grounds for Judicial Review of Arbitral Awards, Matthew C. Weiner

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    The Swiss Supreme Court on the Use of Secretaries and Consultants in the Arbitral Process, Tracey Timlin

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    THE UBERIZATION OF ARBITRATION CLAUSES, Jill I. Gross

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    The Uniform Collaborative Law Act: Statutory Framework and the Struggle for Approval by the American Bar Association, Andrew J. Meyer

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    The Yates Memo: Looking for "Individual Accountability" in All the Wrong Places, Katrice Bridges Copeland

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    Third-Party Mediation of Interstate Conflicts: Actors, Strategies, Selection, and Bias, Scott Sigmund Gartner

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    Times Up!: The Harsh Reality of the Power of the Period of Limitations on the Enforcement of Awards, Linnea Ignatius

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    Timor-Leste v. Australia: "Guerrilla Tactics" and Schoolyard Bullies in State Arbitration, Sarah Whittington

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    Too Darn Bad: How the Supreme Court's Class Arbitration Jurisprudence Has Undermined Arbitration, Adam Raviv

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    Toward a Transnational Law of Trade Usages?, Fabien Gélinas

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    Towards a Rules-Based ASEAN: The Protocol to the ASEAN Charter on Dispute Settlement Mechanisms, Hao Duy Phan

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    Treaty Shopping and Expansive Jurisdiction: Causes and Effects of Venezuela's Denunciation of the ICSID Convention, Kathryn Rimpfel

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    Trendsetters: Asia-Pacific Jurisdictions Lead the Way in Dispute Resolution, Donald P. Arnavas and Dr. Robert Gaitskell Q.C.

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    TRUMPING THE NINTH CIRCUIT: HOW THE 45TH PRESIDENT’S SUPREME COURT APPOINTMENTS WILL STRENGTHEN THE ALREADY STRONG FEDERAL POLICY FAVORING ARBITRATION, Eric Schleich

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    Turkey and the International Law of the Sea, Ekrem Korkut

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    UNCITRAL Transparency: An Examination of the 2014 Arbitration Transparency Rules and their Effect on Investor-State Environmental Disputes and Economic Fairness, Kayla Kelly-Slatten

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    Unfair Prejudice in the United Kingdom: An Inalienable Right for Shareholders Comes to an End as Courts Resolve Split Between Exeter and Vocam, Paul Jorgensen

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    United States Supports Iranian Arbitration Over Public Policy Against Transacting with Iran, Megan Hill

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    Vacating an International arbitration Award Rendered in the United States: Does the New York Convention, the Federal Arbitration Act or State Law Apply?, Lea Haber Kuck and Amanda Raymond Kalantirsky

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    Vacating Legally-Erroneous Arbitration Awards, Stephen J. Ware

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    War in the 21st Century and Collected Works

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    Water as a Human Right: A Case Study of the Pakistan-India Water Conflict, Waseem Ahmad Qureshi

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    We Don't Need no Education - Is the U.S. at Risk of Losing its Clear Edge in Higher Education?, Ann M. Murphy

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    Weighing (In)Discretion on a Sliding Scale: California Appellate Court Hands Down an Expose of Modern Approaches to Jurisdiction and Unconscionability, Anthony Rallo

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    What Now?: Divorce Mediation in the Wake of Legalizing Same-Sex Marriage, Lindsay Simonson

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    What's Law Got to Do With It? Plea Bargaining Reform after Lafler and Frye, Cynthia Alkon

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    When a Waiver Isn't Really a Waiver: Eleventh Circuit Establishes New Standard for Waiver of Right to Arbitrate After Filing of Amended Complain, Dustin Morgan

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    When Sovereign Nations are Forced to Arbitrate: Spain and France and the Prestige Oil Spill, Erika Dixon

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    "Who Decides?" The Third Circuit: Class Action Availability is a Question of Arbitrability?, Marcus Shand

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    Wiretapping and Eavesdropping: Surveillance in the Internet Age, 3rd ed., Anne T. McKenna and Clifford S. Fishman

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    YOU ARE NOW ENTERING THE SCHOOL ZONE, PROCEED WITH CAUTION: EDUCATORS, ARBITRATION, & CHILDREN’S RIGHTS, Raquel Muniz

 
 
 

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