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Revolution In Law Through Arbitration, The Eighty-Fourth Cleveland-Marshall Fund Visiting Scholar Lecture , Thomas E. Carbonneau
Revolution In Law Through Arbitration, The Eighty-Fourth Cleveland-Marshall Fund Visiting Scholar Lecture , Thomas E. Carbonneau
Cleveland State Law Review
My subject is arbitration. I explore how its re-emergence during the last forty years has revolutionized the thinking about, and the practice of, law. The development of a "strong federal policy favoring arbitration" cast aside traditional acceptations about law and adjudication. The rule of law-the human civilization associated with law and the legal process-has been profoundly, perhaps irretrievably, altered by the rise of arbitration. The landmark cases in labor and employment arbitration-Alexander v. Gardner-Denver Company (the "old time religion") and Gilmer v. Interstate/Johnson Lane Corporation (the "new age"thinking)-attest to the enormous distance that separates past and present concepts of legal …
The Effectiveness Of Involuntary Dissolution Suits As A Remedy For Close Corporation Dissension, Harry J. Haynsworth
The Effectiveness Of Involuntary Dissolution Suits As A Remedy For Close Corporation Dissension, Harry J. Haynsworth
Cleveland State Law Review
Intra-corporate dissension between shareholders in a close corporation that can lead to serious deadlock, corporate paralysis and attempted squeeze-outs or other oppressive action is well documented. The purpose of this article is to discuss the available remedies for dealing with this dissension, placing particular emphasis on involuntary dissolution suits, since historically such suits have been the most common litigation remedy used by aggrieved shareholders. The basic conclusion reached is that for the most part judges have done a commendable job of balancing the expectation interests of minority shareholders against the inherent voting and management rights of majority shareholders, and of …
Arbitration, Statute Of Limitations, And Uninsured Motorist Endorsements, Leona M. Hudak
Arbitration, Statute Of Limitations, And Uninsured Motorist Endorsements, Leona M. Hudak
Cleveland State Law Review
Except in California, uninsured motorist statutes do not provide for any specified period within which the injured must file his damages. The uninsured motorist coverage clauses in policies have likewise been silent on the subject .A controversy has arisen as to whether the (usually) shorter negligence (tort) statute of limitations or the longer contract time limit governs. The controversy can be readily resolved: either the insurers express a specific time period in their uninsured motorist endorsements within which their injured insureds must file their complaints; or state legislatures should amend their uninsured motorist coverage statutes to contain such express provision, …
Interstate Enforcement Of Arbitration Awards And Judgments, A. M. Stanger
Interstate Enforcement Of Arbitration Awards And Judgments, A. M. Stanger
Cleveland State Law Review
In Arbitration, if completed, results in an award. That award must be enforced. In order to do so, it is necessary to enter judgment with respect thereto. The first problem is the acquisition of personal jurisdiction over the defendant for this purpose, in the event that it has not already been acquired previously in connection with proceedings to compel arbitration. The subject of acquiring jurisdiction will not be dealt with in this note because it does not differ too much from the general problems of acquiring jurisdiction in personam with respect to proceedings to compel jurisdiction. We shall therefore be …