Law School Scholarly Works: Recent submissions
Now showing items 381-400 of 629
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Security Interests, Repossessed Collateral and Turnover of Property to the Bankruptcy Estate
(Utah Law Review Society, 2002)Property is generally understood in two ways. Most people think of property as a thing that is owned by someone. By contrast, lawyers and other specialists understand property as rights against people with respect to things. ... -
Arbitration Clauses, Jury-Waiver Clauses and Other Contractual Waivers of Constitutional Rights
(Duke Law School, 2004)Consenting to a contract containing an arbitration clause or a jury-waiver clause alienates or waives the Seventh Amendment jury-trial right in federal court. The standards of consent in arbitration law, however, tend to ... -
Money, Politics and Judicial Decisions: A Case Study of Arbitration Law in Alabama
(University of Virginia School of Law, 1999)This article presents the results of a study of 106 decisions by the Supreme Court of Alabama from January 18, 1995 through July 9, 1999. The decisions are in the area of arbitration law and reveal the remarkably close ... -
The Effects of Gilmer: Empirical and Other Approaches to the Study of Employment Arbitration
(Moritz College of Law, 2001)A forthcoming article, Christine Jolls, Accommodation Mandates, 53 Stan. L. Rev., provides a framework for analyzing the effects of employment discrimination statutes. This article extends that framework to employment ... -
Paying the Price of Process: Judicial Regulation of Consumer Arbitration Agreements
(University of Missouri, 2001)Arbitration clauses now appear in many of the form contracts through which consumers obtain goods, services and credit. This article considers the effect on prices of two sorts of judicial decisions: (1) decisions making ... -
'Opt-In' for Judicial Review of Errors of Law Under the Revised Uniform Arbitration Act
(Parker School of Foreign and Comparative Law, 1999)The Uniform Arbitration Act is one of the most successful uniform laws. It has been enacted in 35 states and 14 other jurisdictions have substantially similar statutes. Originally enacted in 1955, the Uniform Arbitration ... -
Default Rules from Mandatory Rules: Privatizing Law Through Arbitration
(Minnesota Law Review, 1999)This Article considers the extent to which the creation of law has been privatized through arbitration. It suggests that, under Supreme Court cases and other current legal doctrine, vast areas of law are privatizable and ... -
Consumer Arbitration As Exceptional Consumer Law (With A Contractualist Reply to Carrington & Haagen)
(Pacific McGeorge School of Law, 1998)This article is part of a symposium on arbitration held by the McGeorge School of Law. It replies to an article co- authored by Paul Carrington, the keynote speaker for the symposium. See Paul Carrington and Paul Haagen, ... -
Employment Arbitration and Voluntary Consent
(Hofstra University School of Law, 1996)The boom in non-union employment arbitration has caused great concern about protecting employees' access to courts. Virtually every commentator agrees that employment disputes should be litigated, rather than arbitrated, ... -
Creditor Claims in Arbitration and in Court
(UC Hastings College of the Law, 2011)This Interim Report builds on the Preliminary Report, Consumer Arbitration Before the American Arbitration Association, issued in March 2009 by the Searle Civil Justice Institute's Consumer Arbitration Task Force. It seeks ... -
"Enlightened Shareholder Value": Corporate Governance Beyond the Shareholder - Stakeholder Divide
(University of Iowa, 2010) -
How does your state select its judges?
(American Legislative Exchange Council, 2011-03) -
The Bar's Extraordinarily Powerful Role in Selecting the Kansas Supreme Court
(University of Kansas School of Law, 2009)In supreme court selection, the bar has more power in Kansas than in any other state. This extraordinary bar power gives Kansas the most elitist and least democratic supreme court selection system in the country. While ... -
Foreword: 2003 Tribal Law and Governance Conference
(University of Kansas School of Law, 2004) -
State HMO Laws and the Theory of Limited Reformmongering
(University of Kansas School of Law, 1976) -
Physician's Assistant and Nurse Practitioner Laws: A Study of Health Law Reform
(University of Kansas School of Law, 1975) -
Arthur Corbin and the University of Kansas School of Law: Four Letters
(University of Kansas School of Law, 2006-05) -
Aunt Kate & Uncle Jimmy: An Almost Forgotten Episode in the Early History of the KU Law School
(University of Kansas School of Law, 2005-06) -
Law School Faculty, LLP: Law Professors as a Law Firm
(University of Kansas School of Law, 2005-05)