Law School Scholarly Works: Recent submissions
Now showing items 21-40 of 629
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A Short Defense of Southland, Casarotto, and other Long-Controversial Arbitration Decisions
(Loyola Consumer Law Review, 2018-06)Scalding criticism of Supreme Court arbitration decisions appeared in the 1990’s and is now widespread. Over twenty years ago, the Supreme Court held that pre-dispute arbitration clauses in adhesion contracts are generally ... -
The Centrist Case for Enforcing Adhesive Arbitration Agreements
(Harvard Negotiation Law Review, 2017-08)"The Politics of Arbitration Law and Centrist Proposals for Reform", 53 Harvard J. on Legislation 711 (2016), explained how issues surrounding consumer, and other adhesive, arbitration agreements became divisive along ... -
A Mediterranean Biome Eco-State: Reorienting sovereignty in the Mediterranean Basin and its four global correlatives
(Institute for Mediterranean Studies, Busan University of Foreign Studies, 2018)The Mediterranean Basin is the largest of five regions around the world that constitute, in aggregate, the Mediterranean Woodlands, Forests, and Scrub.Biome under a commonly-used global ecological classification system. ... -
Better to Give than to Receive: An Uncommon Commons in Synthetic Biology
(2017)The emerging scientific field of synthetic biology offers an array of technical and scientific approaches new to the biological sciences. In addition, the community of scientists leading synthetic biology tends to agree ... -
Book Review: India's Long Road - the Search for Prosperity, by Vijay Joshi, Oxford University Press, 2017, Isbn: 9780190610135, Pp. 347.
(Manchester Journal of International Economic Law, 2017)Well-travelled international law teachers, students, and practitioners know there are a few countries that defy mastery. Repeated trips to such countries across decades, and still the sense of wonder, indeed inscrutability, ... -
Liberating Sexual Harassment Law
(University of Michigan, School of Law, 2015-03-02)Sexual harassment law and the proposed solutions to that paradigm’s deficiencies teach a disheartening and peculiar lesson to women and gender performance minorities: “You may be disadvantaged at work because of your gender ... -
The Centrist Case Against Current (Conservative) Arbitration Law
(Florida Law Review, 2017-03-03)In The Politics of Arbitration Law and Centrist Proposals for Reform, I explained how issues surrounding consumer and other adhesive arbitration agreements became divisive along predictable political lines (progressives ... -
Exposing the Forgotten TPP Chapter: Chapter 17 as a Model for Future International Trade Disciplines on SOEs
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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 ...
