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Opt-In Arbitration: A Functional Alternative To The Fair Act, Garrett Meisman
Opt-In Arbitration: A Functional Alternative To The Fair Act, Garrett Meisman
BYU Law Review
No abstract provided.
Utah, Odr, And The New “Millennial”Um, Devin Cooper
Utah, Odr, And The New “Millennial”Um, Devin Cooper
Brigham Young University Journal of Public Law
No abstract provided.
Mind The Gap, Charles H. Brower Ii
Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong
Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong
Brigham Young University International Law & Management Review
No abstract provided.
The Price Of Justice: An Analysis Of The Costs That Are Appropriately Considered In A Cost-Based Vindication Of Statutory Rights Defense To An Arbitration Agreement, Ramona L. Lampley
The Price Of Justice: An Analysis Of The Costs That Are Appropriately Considered In A Cost-Based Vindication Of Statutory Rights Defense To An Arbitration Agreement, Ramona L. Lampley
BYU Law Review
In the wake of AT&T Mobility LLC v. Concepcion, parties opposing enforcement of an arbitration agreement with a class waiver increasingly relied on the prohibitive-costs-based vindication of statutory rights defense. The Supreme Court recently held in American Express Co. v. Italian Colors Restaurant that the effective vindication doctrine cannot be used to invalidate an otherwise enforceable arbitration agreement with class-action waiver simply because the opponents have no “economic incentive” to pursue individual arbitration. However, the Court’s bases for this holding are unclear and unnecessarily call into question the very existence of the “effective vindication doctrine.” This Article examines the historical …
Contract And Choice, Peter B. Rutledge, Christopher R. Drahozal
Contract And Choice, Peter B. Rutledge, Christopher R. Drahozal
BYU Law Review
This Article contributes to an ongoing debate, afoot in academic, legal, and policy circles, over the future of consumer arbitration. Utilizing a newly available database of credit card agreements, the Article offers an in-depth examination of dispute resolution practices within the credit card industry. In some respects, the data cast doubt on the conventional wisdom about the pervasiveness of arbitration clauses in consumer contracts and the presence of unfair terms. For example, the vast majority of credit card issuers do not utilize arbitration clauses, and by the end of 201 0, the majority of credit card debt was not subject …
Excessive Or Warranted? The Unshackling Of Discovery Sanctions In Lee V. Max International, Llc, Daniel S. Mehr Iii
Excessive Or Warranted? The Unshackling Of Discovery Sanctions In Lee V. Max International, Llc, Daniel S. Mehr Iii
BYU Law Review
No abstract provided.
Learning Together: Using Adr To Improve Communication And Collaboration In Education, Clayton Cox
Learning Together: Using Adr To Improve Communication And Collaboration In Education, Clayton Cox
Brigham Young University Education and Law Journal
No abstract provided.
Greenwood V. Compucredit Corp.: The Ninth Circuit’S Misdirected Interpretation Of The Credit Repair Organizations Act, Michael Q. Cannon
Greenwood V. Compucredit Corp.: The Ninth Circuit’S Misdirected Interpretation Of The Credit Repair Organizations Act, Michael Q. Cannon
BYU Law Review
No abstract provided.
Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger
Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger
BYU Law Review
No abstract provided.
Arbitration Awards In An Environment Of Compulsory Unionization: Is The High Degree Of Deference Warranted?, Nephi Hardman
Arbitration Awards In An Environment Of Compulsory Unionization: Is The High Degree Of Deference Warranted?, Nephi Hardman
BYU Law Review
No abstract provided.
Financial Services In The United States And United Kingdom: Comparative Approaches To Securities Regulation And Dispute Resolution, Cory Alpert
Brigham Young University International Law & Management Review
No abstract provided.
New York's Unwelcoming Harbor: The New York Convention's Inapplicability To Claims Arising From Seamen's Employment, Jarred Pinkston
New York's Unwelcoming Harbor: The New York Convention's Inapplicability To Claims Arising From Seamen's Employment, Jarred Pinkston
Brigham Young University International Law & Management Review
No abstract provided.
The Differences Between The Panel Procedures Of The Gatt And The Wto: The Role Of Gatt And Wto Panels In Trade Dispute Settlement, Petko D. Kantchevski
The Differences Between The Panel Procedures Of The Gatt And The Wto: The Role Of Gatt And Wto Panels In Trade Dispute Settlement, Petko D. Kantchevski
Brigham Young University International Law & Management Review
No abstract provided.
The Free Trade Area Of The Americas: The Great Challenge For Dispute Resolution, Salvador J. Juncadella, Matthew S. Poulter
The Free Trade Area Of The Americas: The Great Challenge For Dispute Resolution, Salvador J. Juncadella, Matthew S. Poulter
Brigham Young University International Law & Management Review
No abstract provided.
Arbitration And State Action, Sarah Rudolph Cole
Kaleidoscopic Consent Decrees: School Desegregation And Prison Reform Consent Decrees After The Prison Litigation Reform Act And Freeman-Dowell, Shima Baradaran-Robison
Kaleidoscopic Consent Decrees: School Desegregation And Prison Reform Consent Decrees After The Prison Litigation Reform Act And Freeman-Dowell, Shima Baradaran-Robison
BYU Law Review
No abstract provided.
Arbitration Agreements: When Do Employees Waive Their Wrights?, Michelle R. Mitchell
Arbitration Agreements: When Do Employees Waive Their Wrights?, Michelle R. Mitchell
Brigham Young University Journal of Public Law
No abstract provided.
A Potpourri Of Recent Federal Arbitration Cases Involving Domestic And International Arbitration, Daniel E. Murray
A Potpourri Of Recent Federal Arbitration Cases Involving Domestic And International Arbitration, Daniel E. Murray
Brigham Young University Journal of Public Law
No abstract provided.
Are We Ready For Mediation In Cyberspace?, Joel B. Eisen
Are We Ready For Mediation In Cyberspace?, Joel B. Eisen
BYU Law Review
No abstract provided.
Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges
Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges
BYU Law Review
No abstract provided.
Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela A. Kentra
BYU Law Review
No abstract provided.
A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole
A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole
BYU Law Review
No abstract provided.
Adr In Youth And Intercollegiate Athletics, Gil Fried
Adr In Youth And Intercollegiate Athletics, Gil Fried
BYU Law Review
No abstract provided.
Thinking Of Mediation As A Complex Adaptive System, J. B. Ruhl
Thinking Of Mediation As A Complex Adaptive System, J. B. Ruhl
BYU Law Review
No abstract provided.
Wait A Minute. This Is Where I Came In. A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg
Wait A Minute. This Is Where I Came In. A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg
BYU Law Review
No abstract provided.
Foreign Arbitration Clauses And Foreign Forum Selection Clauses In Bills Of Lading Governed By Cogsa: Vimar Seguros Y Reaseguros, Sa. V. Miv Sky Reefer, Elizabeth A. Clark
Foreign Arbitration Clauses And Foreign Forum Selection Clauses In Bills Of Lading Governed By Cogsa: Vimar Seguros Y Reaseguros, Sa. V. Miv Sky Reefer, Elizabeth A. Clark
BYU Law Review
No abstract provided.
The History, Application, And Policy Of The Judicially Created Standards Of Review For Arbitration Awards, Bret F. Randall
The History, Application, And Policy Of The Judicially Created Standards Of Review For Arbitration Awards, Bret F. Randall
BYU Law Review
No abstract provided.
The Post-Expiration Duty To Arbitrate: Disregarding The Nolde Presumption After An Impasse In Negotiations, Brian E. Nuffer
The Post-Expiration Duty To Arbitrate: Disregarding The Nolde Presumption After An Impasse In Negotiations, Brian E. Nuffer
BYU Law Review
No abstract provided.
Shearson/American Express V. Mcmahon: The Diminishing Role Of Courts In Securities Disputes, Craig L. Griffin
Shearson/American Express V. Mcmahon: The Diminishing Role Of Courts In Securities Disputes, Craig L. Griffin
BYU Law Review
No abstract provided.