Mediation as Regulation: Expanding State Governance Over Private Disputes
Across the United States, state legislatures are issuing new mediation mandates that govern how private parties resolve their disputes. Legislatures embed these mediation mandates into specific statutory regimes ranging from foreclosure to health care to insurance coverage. Rather than leave decisions about ADR design to other state institutions, like courts or administrative agencies, legislatures increasingly retain that authority and formalize the mediation process with legal requirements that regulate parties’ behavior and influence mediation outcomes. This Article explains how legislatures wield mediation as a regulatory tool in this latest phase of mediation’s institutionalization. It argues that statutory mediation mandates should be viewed as a form of decentralized governance, a paradigm that reconfigures the relationship between public and private spheres of power. Viewing these mandates as decentralized governance reveals what can be helpful, and also problematic, about formalizing mediation and underscores why legislatures must exercise care when designing procedural architecture.
2016 Utah L. Rev. 361 | (Download PDF)
Property or Currency? The Tax Dilemma Beyond Bitcoin
Scott A. Wiseman
As a result of monumental improvements in technology, a significant amount of currency is spent across the globe in daily transactions made on the internet. A recent trend in American culture is brick and mortar businesses shutting down in favor of online counterparts.1 Some of the many possible reasons behind this online movement may be a decrease in overhead, a convenience factor for consumers, and a drastically expanded market of consumers. In the third quarter of 2015, Americans spent an estimated $87.5 billion dollars on online shopping.2 These e-commerce transactions comprise an impressive 7.4% of total retail sales made in the United States.3 This figure has increased dramatically from the 2.6% of total retail sales made in the first quarter of 2006 and continues to steadily rise.4 Aside from the major financial implication from online purchases made in America, the global market for e-commerce is astronomical. Since it is next to impossible to pay on the internet with cash, bank-issued credit cards are the predominate method of payment. With credit cards, currency can be exchanged on the internet in the blink of an eye. However, there are several drawbacks associated with the global use of these credit cards including fees imposed by major credit card companies and the high risk of credit card fraud. With a continually growing global economy that is largely fueled by internet transactions, the world could benefit tremendously from a safe and inexpensive globally accepted method of payment.
2016 Utah L. Rev. 417 | (Download PDF)