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Pepperdine University School of Law Legal Studies Research Paper Series

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1.

Living with 'ADR': Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations

19 Harvard Negotiation Law Review 1, Pepperdine University Legal Studies Research Paper No. 2013/16
Number of pages: 69 Posted: 21 Feb 2013 Last Revised: 03 Jul 2014
Accepted Paper Series
Pepperdine University School of Law and University of Illinois at Urbana-Champaign - School of Labor & Employment Relations
Downloads 3,186
2.

Arbitration: The 'New Litigation'

University of Illinois Law Review, Vol. 2010, No. 1, 2010, Pepperdine University Legal Studies Research Paper No. 2009/15
Number of pages: 60 Posted: 09 Nov 2008 Last Revised: 24 Jan 2010
Accepted Paper Series
Pepperdine University School of Law
Downloads 2,053
3.

Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals

Columbia American Review of International Arbitration, Vol. 25, 2014, Pepperdine University Legal Studies Research Paper No. 2014/29
Number of pages: 99 Posted: 05 Nov 2014 Last Revised: 17 Apr 2015
Accepted Paper Series
Pepperdine University School of Law
Downloads 1,084
4.

Moving Beyond Animal Rights: A Legal/Contractualist Critique

San Diego Law Review, Vol. 46, 2009, Pepperdine University Legal Studies Research Paper No. 2009/11
Number of pages: 59 Posted: 30 May 2009 Last Revised: 23 Oct 2013
Accepted Paper Series
Pepperdine University School of Law
Downloads 945
5.

NCAA Sanctions: Assigning Blame Where it Belongs

Boston College Law Review, Vol. 52, 2011, Pepperdine University Legal Studies Research Paper No. 2011/3
Number of pages: 35 Posted: 06 Apr 2011
Accepted Paper Series
Pepperdine University School of Law
Downloads 914
6.

Arbitration in Evolution: Current Practices and Perspectives of Experienced Commercial Arbitrators

Columbia American Review of International Arbitration, Vol. 25, 2014, Pepperdine University Legal Studies Research Paper No. 2014/30
Number of pages: 87 Posted: 06 Nov 2014 Last Revised: 17 Apr 2015
Accepted Paper Series
Pepperdine University School of Law and Independent
Downloads 886
7.

Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders

New York University Law Review, Vol. 86, 2011, Pepperdine University Legal Studies Research Paper No. 2011/10
Number of pages: 75 Posted: 06 Mar 2011 Last Revised: 15 Nov 2011
Accepted Paper Series
Pepperdine University School of Law
Downloads 866
8.

The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of American Arbitration

American Review of International Arbitration, 2012, Pepperdine University Legal Studies Research Paper No. 2012/10
Number of pages: 113 Posted: 02 Sep 2011 Last Revised: 13 Apr 2012
Accepted Paper Series
Pepperdine University School of Law
Downloads 846
9.

Cyberstalking, a New Crime: Evaluating the Effectiveness of Current State and Federal Laws

Missouri Law Review, Vol. 72, 2007
Number of pages: 74 Posted: 09 Sep 2010
Accepted Paper Series
Pepperdine University School of Law
Downloads 801
10.

Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play

6 PENN STATE YEARBOOK ON ARBITRATION AND MEDIATION 1 (2014), Pepperdine University Legal Studies Research Paper No. 2014/20
Number of pages: 32 Posted: 03 Jul 2014 Last Revised: 28 Mar 2017
Accepted Paper Series
Pepperdine University School of Law and Independent
Downloads 743
11.

Tax Regulation, Transportation Innovation, and the Sharing Economy

University of Chicago Law Review Dialogue, Vol. 82, p. 69, 2015, Pepperdine University Legal Studies Research Paper No. 2015/2, San Diego Legal Studies Paper No. 15-180
Number of pages: 16 Posted: 17 Dec 2014 Last Revised: 16 Mar 2015
Working Paper Series
University of San Diego School of Law and Pepperdine University - School of Law
Downloads 655
12.

The International Evolution of Mediation: A Call for Dialogue and Deliberation

46 Victoria University of Wellington Law Review 1191 (2015), Pepperdine University Legal Studies Research Paper No. 2016/1
Number of pages: 55 Posted: 09 Jan 2016
Accepted Paper Series
Pepperdine University School of Law
Downloads 647
13.

Drones and Aerial Surveillance: Considerations for Legislators

Brookings Institution: The Robots Are Coming: The Project on Civilian Robotics, November 2014, Pepperdine University Legal Studies Research Paper No. 2015/3
Number of pages: 34 Posted: 12 Nov 2014 Last Revised: 30 Jan 2015
Accepted Paper Series
Pepperdine University School of Law
Downloads 646
14.

The Alien Tort Statute, Federalism, and the Next Wave of International Law Litigation

Georgetown Law Journal, Vol. 100, 2012, Pepperdine University Legal Studies Research Paper No. 2011/9
Number of pages: 49 Posted: 21 Apr 2011 Last Revised: 28 Jan 2013
Accepted Paper Series
Pepperdine University School of Law
Downloads 628
15.

Distinguishing Judges: An Empirical Ranking of Judicial Quality in the U.S. Court of Appeals

Missouri Law Review, Vol. 76, No. 315, 2010, Pepperdine University Legal Studies Research Paper
Number of pages: 70 Posted: 16 Jul 2009 Last Revised: 14 Feb 2013
Accepted Paper Series
Pepperdine University School of Law
Downloads 594
16.

Litigating Religion

Boston University Law Review, Vol. 93, 2013, Pepperdine University Legal Studies Research Paper No. 2012/8
Number of pages: 71 Posted: 14 Mar 2012 Last Revised: 18 May 2013
Accepted Paper Series
Pepperdine University School of Law
Downloads 575
17.

How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy that Survives First Amendment, Fourth Amendment, and Due Process Challenges

Wake Forest Law Review, 2011, Pepperdine University Legal Studies Research Paper No. 2012/3
Number of pages: 67 Posted: 30 Apr 2011 Last Revised: 24 May 2014
Accepted Paper Series
Pepperdine University School of Law
Downloads 560
18.

Arbitrating Human Rights

Notre Dame Law Review, Vol. 83, p. 505, 2008
Number of pages: 47 Posted: 05 Apr 2007 Last Revised: 03 Apr 2008
Accepted Paper Series
Notre Dame Law School
Downloads 533
19.

Arbitration and Choice: Taking Charge of the 'New Litigation'

DePaul Business & Commercial Law Journal, Vol. 7, 2009, Pepperdine University Legal Studies Research Paper No. 2009/16
Number of pages: 54 Posted: 03 Apr 2009 Last Revised: 24 Jan 2010
Accepted Paper Series
Pepperdine University School of Law
Downloads 514
20.

Managing Construction Conflict: Unfinished Revolution, Continuing Evolution

100 YEARS: CHARTERED INSTITUTE OF ARBITRATORS, SELECTED TOPICS IN INTERNATIONALARBITRATION LIBER AMICORUM , THE CONSTRUCTION LAWYER, Vol. 34, No. 4, Fall 2014 (Special “Crystal Ball” Issue) , Pepperdine University Legal Studies Research Paper No. 2014/22,
Number of pages: 31 Posted: 23 Aug 2014 Last Revised: 29 Mar 2017
Accepted Paper Series
Pepperdine University School of Law
Downloads 514
21.

Living the Dream of ADR: Reflections on Four Decades of the Quiet Revolution in Dispute Resolution (Symposium Keynote)

Cardozo Journal of Conflict Resolution, Vol. 18, p. 513, 2017, Pepperdine University Legal Studies Research Paper No. 2017/5
Number of pages: 39 Posted: 22 Feb 2017 Last Revised: 13 Jun 2017
Accepted Paper Series
Pepperdine University School of Law
Downloads 500
22.

Comity as Conflict: Resituating International Comity as Conflict of Laws

UC Davis Law Review, Vol. 44, November 2010, Pepperdine University Legal Studies Research Paper No. 2010/9
Number of pages: 69 Posted: 26 Mar 2010 Last Revised: 08 Nov 2010
Accepted Paper Series
Pepperdine University School of Law
Downloads 495
23.

John Leland and James Madison: Religious Influence on the Ratification of the Constitution and on the Proposal of the Bill of Rights

Penn State Law Review, Vol. 113, No. 3, 2009, Pepperdine University Legal Studies Research Paper No. 2009/6
Number of pages: 69 Posted: 03 Sep 2008 Last Revised: 07 Apr 2009
Working Paper Series
Pepperdine University School of Law
Downloads 493
24.

Soft Law in the Organization and General Conduct of Commercial Arbitration Proceedings

Chapter in, SOFT LAW IN INTERNATIONAL ARBITRATION (forthcoming 2014), Pepperdine University Legal Studies Research Paper No. 2014/4
Number of pages: 21 Posted: 11 Mar 2014
Accepted Paper Series
Pepperdine University School of Law
Downloads 480
25.

Foreword: After Kiobel: International Human Rights Litigation in State Courts and Under State Law

UC Irvine Law Review, Vol.3, No.1, 2013, UC Irvine School of Law Research Paper No. 2013-95, Pepperdine University Legal Studies Research Paper No. 2013/10
Number of pages: 10 Posted: 28 Feb 2013 Last Revised: 10 May 2014
Accepted Paper Series
University of California, Irvine, School of Law, Pepperdine University School of Law and University of San Diego School of Law
Downloads 470
26.

The Supreme Court’s Decision in Stern v. Marshall: Analysis & Implications

Pepperdine University Legal Studies Research Paper No. 2011/14
Number of pages: 26 Posted: 20 Jul 2011
Accepted Paper Series
Pepperdine University School of Law
Downloads 469
27.

The One Hundredth Anniversary of the Federal Estate Tax: It's Time to Renew Our Vows

Boston College Law Review, Vol. 57, p. 823, 2016, Pepperdine University Legal Studies Research Paper 2015/14
Number of pages: 20 Posted: 10 Sep 2015 Last Revised: 08 Jun 2016
Accepted Paper Series
Pepperdine University - School of Law
Downloads 463
28.

New Prominence of Tax Basis in Estate Planning

Tax Notes, Vol. 150, p. 1569, Mar. 28, 2016, Pepperdine University Legal Studies Research Paper No. 16
Number of pages: 7 Posted: 11 Apr 2016 Last Revised: 26 May 2016
Accepted Paper Series
Pepperdine University - School of Law and Rutgers University
Downloads 449
29.

Invisible Federalism and the Electoral College

Arizona State Law Journal, Vol. 44, p. 1237, 2012, Pepperdine University Legal Studies Research Paper No. 2012/20
Number of pages: 56 Posted: 02 May 2012 Last Revised: 31 Mar 2014
Accepted Paper Series
Pepperdine University - School of Law
Downloads 431
30.

Forum Conveniens: The Search for a Convenient Forum in Transnational Cases

Virginia Journal of International Law, Vol. 53, No. 1, p. 157, 2012, Pepperdine University Legal Studies Research Paper No. 2013/8
Number of pages: 26 Posted: 26 Jan 2013 Last Revised: 13 Feb 2013
Accepted Paper Series
Pepperdine University School of Law
Downloads 403
31.

Purpose, Precedent, and Politics: Why Concepcion Covers Less than You Think

Yearbook on Arbitration & Mediation, Vol. 4, p. 126, 2012 , Pepperdine University Legal Studies Research Paper No. 2012/9
Number of pages: 21 Posted: 14 Mar 2012 Last Revised: 25 Mar 2013
Accepted Paper Series
Pepperdine University School of Law
Downloads 390
32.

In Search of a Theory for Constitutional Comparativism

UCLA Law Review, Vol. 52, p. 639, 2005
Number of pages: 77 Posted: 13 Nov 2005
Accepted Paper Series
Notre Dame Law School
Downloads 381
33.

Reflections on US-Zeroing: A Study in Judicial Overreaching by the WTO Appellate Body

Columbia Journal of Transnational Law, Vol. 44, 2006
Number of pages: 24 Posted: 30 Aug 2006
Accepted Paper Series
Notre Dame Law School
Downloads 370
34.

Stateless

Cardozo Journal of International and Comparative Law (JICL), Vol. 20, No. 1, Fall 2011, Pepperdine University Legal Studies Research Paper No. 2012/6
Number of pages: 31 Posted: 29 Aug 2011 Last Revised: 06 Apr 2012
Accepted Paper Series
Independent
Downloads 359
35.

The International Task Force on Mixed Mode Dispute Resolution: Exploring the Interplay between Mediation, Evaluation and Arbitration in Commercial Cases

Fordham International Law Journal, Vol. 40, p. 839, 2017, Pepperdine University Legal Studies Research Paper No. 2017/4
Number of pages: 37 Posted: 22 Feb 2017 Last Revised: 06 Jun 2017
Accepted Paper Series
Pepperdine University School of Law and Université de Sherbrooke - Group for the Prevention and Resolution of Disputes (G-PRD)
Downloads 358
36.

Thomas Piketty and Inequality: Legal Causes and Tax Solutions

Emory Law Journal Online, Vol. 64, p. 2073, 2015, Pepperdine University Legal Studies Research Paper No. 2014/32
Number of pages: 11 Posted: 09 Dec 2014 Last Revised: 01 Feb 2015
Accepted Paper Series
Pepperdine University - School of Law
Downloads 352
37.

The High Cost of Lowering the Bar

Number of pages: 16 Posted: 01 Jun 2017 Last Revised: 13 Oct 2017
Working Paper Series
Pepperdine University School of Law and Pepperdine University - School of Law
Downloads 344
38.

Everybody Talks About Prosecutorial Conduct But Nobody Does Anything About It: A 25-Year Survey of Prosecutorial Misconduct and a Viable Solution

2017 U. Ill. L. Rev. 1455 (2017), Pepperdine University Legal Studies Research Paper No. 10
Number of pages: 33 Posted: 10 Apr 2016 Last Revised: 16 Aug 2017
Accepted Paper Series
Pepperdine University - School of Law
Downloads 334
39.

Interpreting Bankruptcy Code Sections 502 and 506: Post-Petition Attorneys' Fees in a Post-Travelers World

American Bankruptcy Institute Law Review, Vol. 15, pp. 611-58, 2007, Pepperdine University Legal Studies Research Paper No. 2008/3
Number of pages: 49 Posted: 18 Oct 2007 Last Revised: 23 Jan 2008
Accepted Paper Series
Pepperdine University School of Law
Downloads 328
40.

The Arbitration Penumbra: Arbitration Law and the Rapidly Changing Landscape of Dispute Resolution

Nevada Law Journal, Vol. 8, No. 1, 2007, Pepperdine University Legal Studies Research Paper No. 2008/1
Number of pages: 47 Posted: 20 Aug 2007 Last Revised: 22 Jun 2012
Accepted Paper Series
Pepperdine University School of Law
Downloads 324
41.

Religion's Footnote Four: Church Autonomy as Arbitration

Minnesota Law Review, Vol. 97, p. 1891, 2013, Pepperdine University Legal Studies Research Paper No. 2012/28
Number of pages: 73 Posted: 05 Sep 2012 Last Revised: 12 Jul 2013
Accepted Paper Series
Pepperdine University School of Law
Downloads 322
42.

Arbitration's Counter-Narrative: The Religious Arbitration Paradigm

Yale Law Journal, Vol. 124, Pepperdine University Legal Studies Research Paper No. 2014/25
Number of pages: 59 Posted: 17 Oct 2014 Last Revised: 10 Jul 2015
Accepted Paper Series
Pepperdine University School of Law
Downloads 318
43.

The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes

Kansas Law Review, Vol. 60, p. 985, 2012, Pepperdine University Legal Studies Research Paper No. 2012/11
Number of pages: 85 Posted: 13 Feb 2012 Last Revised: 31 May 2012
Accepted Paper Series
Pepperdine University School of Law
Downloads 318
44.

Reexamining Arbitral Immunity in an Age of Mandatory and Professional Arbitration

Minnesota Law Review, Vol. 88, No. 3, 2004
Number of pages: 69 Posted: 07 Oct 2007
Accepted Paper Series
Pepperdine University School of Law
Downloads 304
45.

Children, Chimps, and Rights Arguments from 'Marginal' Cases

45 Ariz. St. L.J. 1 (2013), Pepperdine University Legal Studies Research Paper No. 2012/12
Number of pages: 53 Posted: 10 Apr 2012 Last Revised: 16 Mar 2013
Accepted Paper Series
Pepperdine University School of Law
Downloads 298
46.

Playing God: An Essay on Law, Philosophy, and American Capital Punishment

New Mexico Law Review, Vol. 31, No. 2, 2001
Number of pages: 26 Posted: 02 Nov 2007
Accepted Paper Series
Touro College - Jacob D. Fuchsberg Law Center
Downloads 297
47.

What is a 'Church'?: Implied Consent and the Contraception Mandate

Journal of Contemporary Legal Issues, 2013, Pepperdine University Legal Studies Research Paper No. 2013/13
Number of pages: 27 Posted: 16 Mar 2013 Last Revised: 30 Jan 2014
Accepted Paper Series
Pepperdine University School of Law
Downloads 289
48.

Doping Control, Mandatory Arbitration, and Process Dangers For Accused Athletes in International Sports

Pepperdine Dispute Resolution Law Journal, Vol. 10, 2009, Pepperdine University Legal Studies Research Paper No. 2009/22
Number of pages: 47 Posted: 17 Dec 2009
Accepted Paper Series
Pepperdine University School of Law
Downloads 287
49.

Misusing International Sources to Interpret the Constitution

American Journal of International Law, Vol. 98, No. 57, 2004
Number of pages: 16 Posted: 06 Dec 2005
Accepted Paper Series
Notre Dame Law School
Downloads 281
50.

Preemption's Rise (and Bit of a Fall) as Products Liability Reform: Wyeth, Riegel, Altria, and the Restatement (Third)'s Prescription Product Design Defect Standard

Brooklyn Law Review, Vol. 74, No. 3, p. 727, 2009, Pepperdine University Legal Studies Research Paper No. 2009/20
Number of pages: 33 Posted: 29 Sep 2009 Last Revised: 02 Jun 2013
Accepted Paper Series
Pepperdine University School of Law
Downloads 280