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Full-Text Articles in Law
Franchisees, Consumers, And Employees: Choice And Arbitration, Robert W. Emerson, Zachary R. Hunt
Franchisees, Consumers, And Employees: Choice And Arbitration, Robert W. Emerson, Zachary R. Hunt
William & Mary Business Law Review
Commentators and lawmakers have called attention to the rising frequency of contractual arbitration as a non-negotiable condition of many relationships. Indeed, it is a rare individual who is not subject to at least one pre-dispute, binding arbitration agreement.
This Article studies common concerns associated with binding, pre-dispute arbitration agreements and evaluates their use in consumer-vendor, employee-employer, and franchisee-franchisor relationships. Having introduced concepts relevant throughout the Article, the Article in Part I studies contractual arbitration as a form of alternative dispute resolution for transactional disputes between consumers and vendors. It examines industry self-regulation, due process, consumer salience, and forum accessibility including …
The Final Cut: How Sag's Failed Negotiations With Talent Agents Left The Contractual Rights Of Rank-And-File Actors On The Cutting Room Floor, Kelli Shope
Journal of the National Association of Administrative Law Judiciary
The following article will explore the impact SAG, talent agents, and lawmakers each have on the contractual rights of rank-and-file actors in light of the termination of Rule 16(g). Section II discusses actors' prior contractual rights under the collective bargaining agreement and how failed negotiations with talent agents left actors vulnerable to unfair contracts. Section III explores the new standard agency contract utilized by agents and the resulting legal implications for actors. Section IV details and evaluates the substance of the TAA, one of the few remaining legal protections for actors. Section V exposes the shortcomings of the TAA and …
The Arbitrability Of Side And Settlement Agreements In The Collective Bargaining Context, Richard A. Bales
The Arbitrability Of Side And Settlement Agreements In The Collective Bargaining Context, Richard A. Bales
West Virginia Law Review
No abstract provided.
Preparation And Presentation Of An Arbitration Case, Joseph S. Murphy
Preparation And Presentation Of An Arbitration Case, Joseph S. Murphy
Vanderbilt Law Review
This article deals primarily with the preparation and presentation of a case in labor arbitration. However, much of what is said here is equally applicable to the preparation and presentation of a commercial case. It is clear that the comments with regard to documents, witnesses, orderly presentation, and the like are basically the same whether one is arguing that a construction contract has been breached and that the fault lies with the contractor who was guilty of delayed construction, or whether one is defending against a charge of vio- lation of an overtime clause dealing with equal distribution. In each …