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  • Exposing the Forgotten TPP Chapter: Chapter 17 as a Model for Future International Trade Disciplines on SOEs 

    Bhala, Raj (Manchester Journal of International Economic Law, Vol. 14, No. 1, 2017, 2017-04)
    American trade aficionados know what ‘TPP’ and ‘SOE’ stand for, but few of them know much about Chapter 17, which links these acronyms. American voters know of ‘TPP’ as an abbreviation, and of course ‘China’ as a noun, but ...
  • All Patents Great and Small: A Big Data Network Approach to Valuation 

    Torrance, Andrew; West, Jevin (Virginia Journal of Law and Technology, 2017)
    Measuring patent value is an important goal of scholars in both patent law and patent economics. However, doing so objectively, accurately, and consistently has proved exceedingly difficult. At least part of the reason for ...
  • Debate 2016: To Tpp or Not Tpp? Should the U.S. Join the Trans-Pacific Partnership and Other Trade Agreements 

    Bhala, Raj; Howse, Robert; Lester, Simon; Weiss, Marley (Journal of International Business and Law, 2016-09-15)
    Panel discussion given at Debate 2016 Symposium conducted at the Maurice A. Deane School of Law, Hempstead, New York. Transcribed by Haley Trust, Journal of International Business and Law. The TPP is an international ...
  • Rethinking Antidumping Law 

    Bhala, Raj (George Washing Journal of Law & Economics, 1995)
    Tariffs no longer matter in international trade law. Between 1947, when the General Agreement on Tariffs and Trade (GATT) entered into force, and 1994, the eve of the entry into force of the Uruguay Round agreements, average ...
  • Fighting Bad Guys with International Trade Law 

    Bhala, Raj (U.C. Davis Law Review, 1997)
    Foreign drug kingpins, rogue dictators; state-sponsored terrorists. These "bad guys" are the leading threats to America's national security, replacing the old Soviet Union and a China that is no longer "Red." Conceptually, ...
  • The Politics of Arbitration Law and Centrist Proposals for Reform 

    Ware, Stephen (HARVARD J. ON LEGISLATION, 2016)
    Arbitration law in the United States is far more controversial when applied to individuals than to businesses. While enforcement of arbitration agreements between businesses sometimes raises legal issues that divide courts, ...
  • Disenchanted? Business Satisfaction with International Arbitration 

    Drahozal, Christopher R. (2008)
    Are businesses becoming disenchanted with international arbitration? The perception used to be that, by agreeing to arbitration, parties “trade[d] the procedures and opportunity for review of the courtroom for the simplicity, ...
  • Confidentiality in Consumer and Employment Arbitration 

    Drahozal, Christopher R. (2015)
    This article examines an apparent misperception among some commentators about the confidentiality of consumer and employment arbitration in the U.S. Arbitration is a private process — i.e., the public cannot attend an ...
  • Innovation in Arbitration Law: The Case of Delaware 

    Drahozal, Christopher R. (2016-01-16)
    Delaware has become increasingly active in adopting innovative arbitration laws. In 2009, Delaware adopted a confidential system of “arbitration” conducted by sitting Court of Chancery judges, which was subsequently held ...
  • The State of Empirical Research on International Commercial Arbitration: 10 Years Later 

    Drahozal, Christopher R. (2016-01-15)
    This paper, prepared for the 30th anniversary conference of the School of International Arbitration at Queen Mary University of London, highlights some empirical studies on international commercial arbitration that have ...
  • Error Correction and the Supreme Court's Arbitration Docket 

    Drahozal, Christopher R. (2013-10-25)
    Supreme Court Justices from William Taft to Stephen Breyer have repeated the maxim that the “Supreme Court is not a court of error correction.” When it comes to arbitration law, however, a number of the Court’s cases do ...
  • FAA Preemption after Concepcion 

    Drahozal, Christopher R. (2014-04-24)
    AT&T Mobility LLC v. Concepcion is an important case for its holding that the FAA preempts application of state unconscionability doctrine to invalidate an arbitration clause with a class arbitration waiver. But in a number ...
  • Disclosure of Franchise Disputes 

    Drahozal, Christopher R. (2014-06-04)
    The Amended FTC Franchise Rule requires franchisors to disclose material litigation and arbitration actions in Item 3 of their Franchise Disclosure Documents. The Amended Rule expanded the scope of the disclosure obligation ...
  • AAA Consumer Arbitration 

    Drahozal, Christopher R. (2014-01-23)
    This chapter has provided an overview of consumer arbitrations administered by the American Arbitration Association, the largest administrator of consumer arbitrations. It does not, of course, purport to resolve the ongoing ...
  • Design and Challenges of Banking and Foreign Exchange Regulation in India 

    Bhala, Raj (2015)
    In the post-British Raj Era, two hallmarks characterize Indian banking law: financial inclusion and financial liberalization. Indian banking law and policy has emphasized incorporation of the unbanked and under-banked as ...
  • Empirical Legal Research Support Services: A National Survey of Law Libraries 

    Reeve, Allison C.; Weller, Travis (2015-07-21)
  • The Glucose Model of Mediation: Physiological Bases of Willpower as Important Explanations for Common Mediation Behavior 

    Ware, Stephen; Baumeister, Roy; Simpson, Scott; Weber, Daniel (Pepperdine Dispute Resolution Law Journal, 2015-06-29)
    Success in life requires the ability to resist urges and control behavior. This ability is commonly called “willpower,” the capacity to overcome impulses and engage in conscious acts of self-control. Social psychologists ...
  • A Natural Experiment on Innovation Without Patents 

    Torrance, Andrew W. (2015-05-07)
    Innovation occurs within a complex web of law. Of the myriad legal doctrines that affect innovation, the most directly relevant is intellectual property, particularly patent law. The United States Constitution, in Article ...
  • Empirical Legal Research Support Services: A Survey of Academic Law Libraries 

    Reeve, Allison C.; Weller, Travis (2015)
    Empirical legal research is a significant and growing portion of legal scholarship, however it has received little attention in the law library literature. In the forthcoming paper, we share and discuss the results of a ...
  • Legal Challenges in Government Imposition of Water Conservation: The Kansas Example 

    Peck, John C. (Agronomy Journal, 2014-08-08)
    This article deals with legal challenges in conserving water in the United States, using Kansas as an example. The focus is on one aspect of American water allocation law—the extent to which a state can force reductions ...

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