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Full-Text Articles in Law

Arbitration's Summer Soldiers: An Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Theodore Eisenberg, Geoffrey P. Miller, Emily Sherwin Feb 2015

Arbitration's Summer Soldiers: An Empirical Study Of Arbitration Clauses In Consumer And Nonconsumer Contracts, Theodore Eisenberg, Geoffrey P. Miller, Emily Sherwin

Emily L Sherwin

We provide the first study of varying use of arbitration clauses across contracts within the same firms. Using a sample of 26 consumer contracts and 164 nonconsumer contracts from large public corporations, we compared arbitration clause use in consumer contracts with their use in the same firms' nonconsumer contracts. Over three-quarters of the consumer agreements provided for mandatory arbitration but less than 10% of the firms' material nonconsumer, nonemployment contracts included arbitration clauses. The absence of arbitration provisions in nearly all material contracts suggests that, ex ante, many firms value, even prefer, litigation over arbitration to resolve disputes with peers. …


Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild Feb 2015

Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild

Emily L Sherwin

No abstract provided.


Law And Equity In Contract Enforcement, Emily Sherwin Feb 2015

Law And Equity In Contract Enforcement, Emily Sherwin

Emily L Sherwin

No abstract provided.


Contribution Arguments In Commercial Law, Steven Walt, Emily Sherwin Feb 2015

Contribution Arguments In Commercial Law, Steven Walt, Emily Sherwin

Emily L Sherwin

No abstract provided.


Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin Feb 2015

Restitution And Equity: An Analysis Of The Principle Of Unjust Enrichment, Emily Sherwin

Emily L Sherwin

No abstract provided.