Law School Scholarly Works: Recent submissions
Now showing items 261-280 of 629
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Why Arbitrate? Substantive versus Procedural Theories of Private Judging
(Parker School of Foreign and Comparative Law at Columbia Law School, 2011)This paper examines why parties agree to arbitrate. Or, more specifically, it examines whether parties agree to arbitrate for procedural reasons or for substantive reasons. Procedural reasons focus on how the arbitral ... -
Private Regulation of Consumer Arbitration
(Tennessee Law Review Association, Inc., 2012)Arbitration providers, such as the American Arbitration Association (“AAA”) and JAMS, have promulgated due process protocols to regulate the fairness of consumer and employment arbitration agreements. A common criticism ... -
Arbitration by the Numbers: The State of Empirical Research on International Commercial Arbitration
(Kluwer Law International, 2006-07)This article provides an overview of the state of empirical research on international commercial arbitration, focusing on quantitative rather than qualitative studies. It begins by discussing sources of data on international ... -
Ex Ante Selection of Disputes for Litigation
(2004)While selection effects have important implications for empirical studies of the litigation process, existing theories of case selection are incomplete. Existing theories focus on "ex post selection" - selection resulting ... -
Is There a Flight from Arbitration?
(Hofstra University, 2008)Reports of dissatisfaction with arbitration are increasingly frequent. A recent article by Eisenberg and Miller suggests that businesses are fleeing arbitration, while [a]necdotal evidence suggests that franchisors are ... -
Contract and Procedure
(Marquette University Law School, 2011)This paper examines both the theoretical underpinnings and empirical picture of procedural contracts. Procedural contracts may be understood as contracts in which parties regulate not merely their commercial relations but ... -
Is Arbitration Lawless?
(Loyola Law School, 2007)Concern about the "lawlessness" of arbitration is widespread, but what commentators mean by "lawless" varies. The most common meaning is simply that arbitrators are not required to follow the law in making their awards. A ... -
50 Years of Kansas CLE: 1938-1988
(Kansas Bar Association, 1989-02-25)This article describes the involvement of the Kansas Bar Association in providing continuing education for lawyers, beginning in 1938. It recounts the expansion of the program over the years, culminating in the Association’s ... -
The Farm Loss Deduction: A Reply
(1967-02-25)In the May, 1967, issue of the Journal, there was an article which suggested amendment of the Internal Revenue Code as a cure for the "loophole" whereby wealthy people may obtain substantial tax savings by owning farms ... -
Current Estate Planning Topics - Marital Deduction Pitfalls: Part II
(1991)This article addresses the deduction for marital transfers under the United States estate tax. This is by far the most important deduction under the estate tax, and loss of the deduction can be very damaging to families. ... -
Current Estate Planning Topics - Marital Deduction Pitfalls: Part I
(1991)This article addresses the deduction for marital transfers under the United States estate tax. This is by far the most important deduction under the estate tax, and loss of the deduction can be very damaging to families. ... -
A Fresh Look at Premises Liability as Affected by the Warranty of Habitability
(University of Washington School of Law, 1984)For centuries, the law of landlord premises liability was marked by consistency and predictability. Not only were authorities in agreement as to the content of the law, but there was also universal consent as to the ... -
Virtues, the Chinese Yuan, and the American Trade Empire
(University of Hong Kong, 2008)The relative foreign exchange valuation of the yuan, or renminbi, against the dollar is one of the longest-running and highest profile battles between the United States and China. What does the dispute, and America’s ... -
Scrutinizing RTAs, A Comparative Review of David Gantz, Regional Trade Agreements: Law, Policy and Practice
(National Law University, Jodhpur (India), 2009)Book review, Scrutinizing RTAs, A Comparative Review of David Gantz, Regional Trade Agreements: Law, Policy and Practice (Durham: Carolina Academic Press, 2009). -
Iran-United States Claims Tribunal Precedent in Investor-State Arbitration
(Suffolk University Law School, 2006)The article examines the jurisprudential value of Tribunal decisions and awards from both theoretical and empirical perspectives. The article considers four factors for assessing the precedential value of awards and decisions ... -
Party Autonomy and Interim Measures in International Commercial Arbitration
(Kluwer Law International, 2003)Legal regimes differ on the authority of courts and arbitrators to grant interim measures in support of arbitration proceedings. Some arbitration laws authorize both courts and arbitrators to award interim relief (based ... -
Arbitration Costs and Contingent Fee Contracts
(2005-08-03)A common criticism of arbitration is that its upfront costs (arbitrators' fees and administrative costs) may preclude consumers and employees from asserting their claims. Some commentators have argued further that arbitration ... -
The Economics of Litigation and Arbitration: An Application to Franchise Contracts
(University of Chicago Press, 2003-06)If we define the deterrence benefits from contract enforcement as avoided harms net of avoidance costs, we should expect contracting parties to choose the dispute resolution forum that provides the greatest difference ... -
Labor Law: Federal Pre-Emption: Scope of Arguable NLRB Jurisdiction
(University of Michigan School of Law, 1963)This article addresses an important United States Supreme Court decision – Marine Engineers Beneficial Assn. V. Interlake S. S. Co., 370 U.S. 173 (1962). In this case the Court held the National Labor Relations Board has ... -
Bankruptcy: Fraudulent Transfers: Venue for Plenary Actions Under Section 70(E)
(University of Michigan Law School, 1962)This article addresses the proper location of a bankruptcy proceeding where persons alleged to have received fraudulent transfers from the bankrupt reside in different states. The article analyzes a recent case on this ...
