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Distinguished Professors at the University of Kansas: Recent submissions
Now showing items 281-300 of 918
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In Defense of Southland: Re-Examining the Legislative History of the Federal Arbitration Act
(University of Notre Dame Law Review, 2002)This article challenges the conventional wisdom that the Supreme Court's decision in Southland Corp. v. Keating, holding that the Federal Arbitration Act ("FAA") applies in state court and preempts state law, was an ... -
Federal Arbitration Act Preemption
(Indiana University Maurer School of Law, 2004)Taking as given the existing Supreme Court case law, this Article seeks to develop an overall framework for analyzing when the Federal Arbitration Act preempts state law. The framework is not conclusive but instead highlights ... -
'The Arrogance of Certainty': Trust, Confidentiality, and the Supreme Court
(The University of Kansas School of Law, 1998)This article reviews Edward P. Lazarus, Closed Chambers (Time Books 1998). In Closed Chambers, Lazarus recounts stories from his term as a Supreme Court law clerk from the perspectives of what he calls a “journalist-historian” ... -
On Tariffs and Subsidies in Interstate Trade: A Legal and Economic Analysis
(Washington University in St. Louis School of Law, 1996)The dormant Commerce Clause of the United States Constitution, as currently construed by the Supreme Court, permits states to “promote” instate businesses but not to “protect” those businesses from out-of-state competition. ... -
Contracting Around RUAA: Default Rules, Mandatory Rules, and Judicial Review of Arbitral Awards
(Pepperdine University School of Law, 2003)By specifying that its provisions generally are default rules and listing particular exceptions, the Revised Uniform Arbitration Act (“RUAA”) provides much needed certainty and avoids unnecessary litigation, at least ... -
Nonmutual Agreements to Arbitrate
(The University of Iowa College of Law, 2002)An increasing number of courts, albeit still a minority, refuse to enforce nonmutual arbitration clauses (clauses that require one party but not the other to arbitrate, in whole or in part) in consumer and employment ... -
Contracting Around Hall Street
(Lewis & Clark Law School, 2010)This Article examines the extent to which expanded court review of arbitration awards remains available after the Supreme Court’s decision in Hall Street Associates, L.L.C. v. Mattel, Inc. - that is, whether parties can ... -
The Future of Manifest Disregard
(Juris Publishing, 2009)Manifest disregard of the law is a "non-statutory" or "judicially-created" ground for vacating arbitration awards. It does not appear in the Federal Arbitration Act, but instead has been developed by courts - which typically ... -
Judicial Incentives and the Appeals Process
(1998)All, or virtually all, court systems have some sort of appeals process whereby litigants that are dissatisfied with an initial decision can challenge that decision “on appeal.” The widespread availability of an appeals ... -
Regulatory Competition and the Location of International Arbitration Proceedings
(Elsevier Inc., 2004)This article examines the effect of regulatory competition in international arbitration law on the parties’ choice of the place of arbitration – in other words, the extent to which countries that revise their arbitration ... -
Franchising, Arbitration, and the Future of the Class Action
(Ohio State University Moritz College of Law, 2009)In this article, we consider whether arbitration clauses are likely to result in the extinction of the class action. In our view, the answer is no. We reach that conclusion for two main reasons. First, at least some parties ... -
Buckeye Check Cashing and the Separability Doctrine
(Penn State Dickinson School of Law, 2009)In Buckeye Check Cashing, Inc. v. Cardegna, the Supreme Court held that arbitrators, not courts, are to decide whether a contract that includes an arbitration clause is illegal as usurious; and that the separability doctrine ... -
Arbitration Innumeracy
(Penn State Dickinson School of Law, 2012-05-26)Arbitration innumeracy, as I use the phrase here, is the “inability to deal comfortably with the fundamental notions of number and chance” in evaluating arbitration, particularly consumer and employment arbitration. This ... -
Private Ordering and International Commercial Arbitration
(Penn State Dickinson School of Law, 2009)With its focus on private legal systems, the private ordering literature sets up a seeming dichotomy between public court adjudication of disputes, applying publicly created laws, and private arbitral adjudication of ... -
Business Courts and the Future of Arbitration
(Benjamin N. Cardozo School of Law, 2009)The future of arbitration depends not only on arbitration but also on its competitors—the public courts, including business courts. The creation of business courts incorporates some of the preferred characteristics of ... -
Enforcing Vacated International Arbitration Awards: An Economic Approach
(Parker School of Foreign and Comparative Law Columbia Law School, 2000)This article argues for an economic approach to a widely-debated issue in the international commercial arbitration literature: whether arbitration awards vacated in the arbitral situs should nonetheless be enforceable in ... -
Contracting Out of National Law: An Empirical Look at the New Law Merchant
(Notre Dame Law School, 2005-01)A hotly debated topic in the international arbitration literature is the ability of parties to contract to have their dispute resolved without consideration of any national law whatsoever - on the basis of “general principles ... -
The Making of the Award: Comments on Case Law Developments Under the UNCITRAL Model Law
(Sweet & Maxwell, 2005)This article discusses selected cases interpreting and applying Arts 28-33 of the UNCITRAL Model Law on International Commercial Arbitration, which deal with (in the words of the UNCITRAL Secretariat) the ‘‘not unimportant’’ ... -
The New York Convention and the American Federal System
(University of Missouri School of Law, 2012)This article outlines three models of the implementation of arbitration conventions in a federal system to illustrate how the U.S. might have implemented its obligations under the New York Convention Convention, and finds ... -
Some Observations on the Economics of Comity
(Mohr Siebeck, 2013)Comity is the deference one State shows to the decisions of another State. Comity is manifested in an array of judicial doctrines, such as the presumption against the extraterritorial application of statutes and the ...
