Law School Scholarly Works: Recent submissions
Now showing items 361-380 of 629
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Why Do Businesses Use (or Not Use) Arbitration Clauses?
(Ohio State University Michael E. Moritz College of Law, 2010)Some recent scholarship contends that arbitration is failing in its attempts to compete with litigation. When arbitration does succeed in attracting customers, such as businesses including arbitration clauses in their ... -
What Makes Securities Arbitration Different from Other Consumer and Employment Arbitration?
(University of Cincinnati College of Law, 2008)This short piece emphasizes what makes consumer and employment arbitration in the securities industry different from consumer and employment arbitration generally. Securities law imposes non-contractual duties to arbitrate ... -
Teaching Arbitration Law
(Parker School of Foreign and Comparative Law-Columbia University, 2003)This article is written with the following goals: to provide useful suggestions for those who teach arbitration, to persuade some ADR teachers who only touch on arbitration to give serious thought to additional coverage, ... -
Arbitration and Assimilation
(Washington University, 1999)Arbitration is not necessarily antithetical to the assimilation of different groups. While intra-group arbitration allows for various groups to separate into their own cocoons, general arbitration can be the handmaiden of ... -
ADR in Cyberspace
(Ohio State University Michael E. Moritz College of Law, 2000)Introduction to symposium on dispute resolution in cyberspace. -
Arbitration Law's Separability Doctrine After Buckeye Check Cashing, Inc. v. Cardegna
(William S. Boyd School of Law, University of Nevada, 2007)The recent case of Buckeye Check Cashing, Inc. v. Cardegna, is only the second Supreme Court decision applying the separability doctrine and it comes nearly forty years after the Court's first separability decision, Prima ... -
Consumer and Employment Arbitration Law in Comparative Perspective: The Importance of the Civil Jury
(University of Miami School of Law, 2002)Much of what makes civil litigation in the United States materially different from civil litigation elsewhere in the world can plausibly be traced back to the jury. By contrast, enforcement of consumer and employment ... -
The Missouri Plan in National Perspective
(Curators of the University of Missouri, 2009)We should distinguish the process that initially selects a judge from the process that determines whether to retain that judge on the court. Judicial selection and judicial retention raise different issues. In this paper, ... -
The Case for Enforcing Adhesive Arbitration Agreements - With Particular Consideration of Class Actions and Arbitration Fees
(Tulane Arbitration Institute and the Center for Arbitration and Mediation at the Penn State Dickinson School of Law, 2006)Arbitration clauses appear in a wide variety of the form contracts through which consumers obtain goods, services and credit, as well as in employment agreements, and other contracts of ordinary individuals. These adhesive ... -
From Contracts to Compliance? An Early Look at Implementation Under China's New Labor Legislation
(Columbia Law School, 2009)In 2008, three new primary labor laws took effect in China that together represent the first major retooling of its labor legislation in fifteen years: the Labor Contract Law, the Labor Dispute Mediation and Arbitration ... -
Domain-Name Arbitration in the Arbitration-Law Context: Consent to, and Fairness in, the UDRP
(Lewis & Clark Law School, 2002)In this Article, Professor Ware surveys many of the arbitration systems that have been attacked for lacking consent or fairness. The Article begins by introducing the domain-name arbitration system and summarizing the ... -
Contractual Arbitration, Mandatory Arbitration and State Constitutional Jury-Trial Rights
(University of San Francisco School of Law, 2003)This Article discusses the relationship between the Federal Arbitration Act and state constitutional jury-trial rights. -
The Source of Alabama’s Abundance of Arbitration Cases: Alabama’s Bizarre Law of Damages for Mental Anguish
(Cumberland School of Law of Samford University, 2004)This Article gives an overview of arbitration litigation in Alabama, including the evolution of mental anguish jurisprudence in contract cases, especially with regard to the automobile and home industries; a proposal to ... -
Authorities Split After the Supreme Court’s Hall Street Decision: What Is Left of the Manifest Disregard Doctrine?
(The Federalist Society, 2010-03)Arbitration is a private-sector court. Rather than litigating in a government court (in which a judge or jury resolves the dispute), many parties form contracts obligating themselves to have their disputes resolved by an ... -
Bankruptcy Law's Treatment of Creditors' Jury-Trial and Arbitration Rights
(St. John's School of Law & American Bankruptcy Institute, 2009)Bankruptcy law treats the constitutional jury right with less deference than the, merely statutory, right to arbitrate. But this apparent anomaly is actually the plausible result of a limitation within the Seventh Amendment ... -
Did the Madisonian Compromise Survive Detention at Guantanamo?
(New York University School of Law, 2010)In this essay, I take up the Court’s less heralded second holding in Boumediene v. Bush - that a federal habeas court must have the institutional capacity to find facts, which in Boumediene itself meant that a federal ... -
Federal Courts Not Federal Tribunals
(Northwestern University School of Law, 2010)The Court has employed inferred-cause-of-action doctrine to foster the rights of individuals, from injured workers to female college applicants to defrauded investors and targets of racial discrimination. Although the ... -
Arbitration and Unconscionability After Doctor's Associates, Inc. v. Casarotto
(Wake Forest Law Review, 1996)In Doctor's Associates, Inc. v. Casarotto, the Supreme Court again endorsed a contractual approach to arbitration law. In particular, the Court requires lower courts to apply contract law principles when determining whether ... -
Punitive Damages in Arbitration: Contracting out of Governments Role in Punishment and Federal Preemption of State Law
(Fordham Law Review, 1994)A contractualist approach to the question of whether arbitrators may award punitive damages. Addresses choice-of-law clauses and constitutional issues. -
A Critique of the Reasonable Expectations Doctrine
(University of Chicago, 1989)This Comment argues that the doctrine should be abandoned.