ADR, Arbitration, Featured Articles, HNLR Online Article, Lead Article

Forced into Employment Arbitration? Sexual Harassment Victims are Saying #MeToo and Beginning to Fight Back—But They Need Congressional Help

Samuel D. Lack   Abstract   As awareness of the prevalence and pervasiveness of workplace sexual harassment has grown in the United States, so too has the use of mandatory arbitration clauses in employment contracts, shepherding employee claims out of courtrooms and into private arbitration proceedings. Though private arbitration is often touted as cheaper and more efficient than traditional litigation, employees are significantly less likely to win in arbitration and, when they do, their awards […]

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How Litigation Funders Have Improved the Quality of Settlements in America

Robert B. Fuqua Abstract Litigation finance is a form of specialty funding used by litigants and law firms to pay the high costs associated with maintaining a legal claim. In a typical agreement, a litigation funder pays a portion of a client’s litigation expenses in exchange for a share of the lawsuit’s recovery. The loan is non-recourse, so if the client loses the case, the funder will lose the investment. This form of legal financing

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Decisional Errors – On the Field, On the Bench, In Negotiations

The Question is Not Whether Humans Make Decisional Errors, But How to Compensate for Them By Donald R. Philbin, Jr. ESPN recently dubbed baseball umpire Tim McClelland’s missed calls in Game 4 of the American League playoffs as “the worst umpiring performance at an Angels games since Leslie Nielsen in ‘The Naked Gun.’”1 While his mistakes were not outcome determinative, they rekindled calls for the use of instant replay. Those of us who have spent

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Power and Trust in Negotiation and Decision-Making: A Critical Evaluation

By Yan Ki Bonnie Cheng I. Introduction This paper critically evaluates the impact of power and trust on negotiation and decision-making.* “[A] basic fact about negotiation, which could well be easily forgotten, is that [one is] dealing not with abstract representatives of the ‘other side’, but with human beings.” It is therefore unsurprising that human phenomena like power and trust should have a significant influence in the process. These phenomena, however, are broad, complex, and

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