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Distinguished Professors at the University of Kansas: Recent submissions
Now showing items 301-320 of 918
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Arbitration and Consumer Credit
(2011-07-06)This paper uses a newly available database of consumer credit card agreements to take the first, in-depth empirical look at why credit card issuers use arbitration clauses. Based on a sample of credit card agreements made ... -
Codifying Manifest Disregard
(William S. Boyd School of Law at the University of Nevada, Las Vegas, 2007)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 ... -
Of Rabbits and Rhinoceri: A Survey of Empirical Research on International Commercial Arbitration
(Kluwer Law International, 2003-02)Although empirical knowledge about the process of international arbitration and its effectiveness is incomplete, a growing number of empirical studies are being published. By expanding the degree of empirical knowledge ... -
Arbitration Costs and Forum Accessibility: Empirical Evidence
(2008)Is arbitration cheaper than litigation, or more expensive? Does arbitration enhance access to justice for consumers and employees, or does it prevent them from vindicating their legal rights? Subject to the standard caveats, ... -
New Experiences of International Arbitration in the United States
(American Society of Comparative Law, 2006)This article is the National Report of the United States for the XVIIth International Congress of Comparative Law held in Utrecht, The Netherlands. Part I provides an overview of international arbitration law in the United ... -
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. ... -
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 ...
