Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Arbitration (2)
- Civil procedure (2)
- Federal Arbitration Act (2)
- Administrative adjudication (1)
- Alternative Dispute Resolution (1)
-
- Alternative dispute resolution (1)
- Appellate jurisdiction (1)
- Assignments (1)
- Big data (1)
- California PrivateAttorneys General Act (1)
- Discovery (1)
- Dodd-Frank (1)
- Due process (1)
- False Claims Act (1)
- Filing deadline (1)
- Fraud (1)
- Hearing request (1)
- Iskanian (1)
- Jury selection (1)
- Original jurisdiction (1)
- PAGA (1)
- Privacy (1)
- Qui tam (1)
- Subject matter jurisdiction (1)
- Technology (1)
- Trial (1)
- Waiver (1)
- Whistleblower (1)
Articles 1 - 4 of 4
Full-Text Articles in Entire DC Network
To Waive Or Not To Waive? Filing Deadlines And Hearing Requests In Administrative Adjudications, Alice Booher Johnson
To Waive Or Not To Waive? Filing Deadlines And Hearing Requests In Administrative Adjudications, Alice Booher Johnson
Journal of the National Association of Administrative Law Judiciary
In Part II of this Article, I provide an overview of subject matter jurisdiction in relation to filing timeframes. I review the distinction between original and appellate jurisdiction using Maryland case law and a sample survey of other state case law to provide background to the question of filing deadlines and hearing requests in administrative adjudications. In Part III of this Article, I elaborate upon Supreme Court precedent on administrative filing deadlines. In Part IV of this Article, I analyze the nature of filing deadlines for hearing requests before various state agencies, with an emphasis on Maryland’s scheme. The case …
A Constitutional Right To Discovery? Creating And Reinforcing Due Process Norms Through The Procedural Laboratory Of Arbitration, Imre Stephen Szalai
A Constitutional Right To Discovery? Creating And Reinforcing Due Process Norms Through The Procedural Laboratory Of Arbitration, Imre Stephen Szalai
Pepperdine Dispute Resolution Law Journal
This article explores an overlooked dynamic between arbitration and the more formal court system. As developed in more detail below, this article's thesis is that arbitration can help define and reinforce due process norms applicable in court, and a due process-like norm regarding discovery is beginning to develop. Courts often review arbitration agreements for fairness, and through this judicial review, courts have developed a body of law discussing and defining whether certain procedures (or the lack thereof) violate fairness norms in connection with the resolution of a particular dispute. Through this body of law exploring procedural fairness, one can identify …
Whistling In Silence: The Implications Of Arbitration On Qui Tam Claims Under The False Claims Act, Mathew Andrews
Whistling In Silence: The Implications Of Arbitration On Qui Tam Claims Under The False Claims Act, Mathew Andrews
Pepperdine Dispute Resolution Law Journal
For nearly twenty years, corporate defendants have sought unsuccessfully to use arbitration to roll back protections for whistleblowers suing under federal law. The state and federal judiciaries have long stymied these efforts, on the grounds that defendants cannot force the Government's claims into the secretive forum of arbitration. In January 2013, this protection came to an end. A federal court ruled for the first time that a whistleblower suing on behalf of the United States must pursue its action in arbitration. Five months later, this trend continued as federal courts have compelled arbitration of state law qui tam actions. This …
Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data, Andrew Kasabian
Litigating In The 21st Century: Amending Challenges For Cause In Light Of Big Data, Andrew Kasabian
Pepperdine Law Review
The amount of data generated daily is growing exponentially. The majority of this data is unstructured data. Big Data analytics provides the capability to analyze sets of unrelated data to find hidden and meaningful correlations and predict an individual’s future actions. Therefore, Big Data can alter trial preparation by opening up new sets of information for lawyers to analyze in the jury selection process. Privacy concerns may follow Big Data’s incorporation because Big Data aggregates an individual’s information and predicts future actions. This Comment details how Big Data will provide a net benefit to trial preparation. In order to protect …