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Full-Text Articles in Law
Due Process Review Under The Railway Labor Act, Christopher L. Sagers
Due Process Review Under The Railway Labor Act, Christopher L. Sagers
Michigan Law Review
This Note contends that the RLA prohibits due process review and further argues that such a result is constitutional. Part I examines the statutory language of the RLA itself and contends that it limits district court review to the three statutory grounds. Part II argues that the Supreme Court's opinion in Sheehan reaffirms this interpretation because the Court's language unmistakably conveys an intent to bar due process review. Part III explains that such a limitation does not violate the Constitution. The only constitutional provision that could be implicated in an RLA proceeding, the right of procedural due process, is protected …
Is Arbitration Final & (And) Binding - Public Policy Says, Not Necessarily - Exxon Shipping Company V. Exxon Seamen's Union, Todd M. Siegel
Is Arbitration Final & (And) Binding - Public Policy Says, Not Necessarily - Exxon Shipping Company V. Exxon Seamen's Union, Todd M. Siegel
Journal of Dispute Resolution
In the realm of employment law, management and labor unions enter in collective bargaining agreements to establish employment terms including wages, hours, benefits and grievance procedures.' A typical grievance procedure provides that labor disputes will be resolved through arbitration. Courts are encouraged to defer to collective bargaining agreements. When disputes arise, employees and employers attempt to resolve matters themselves, and if this fails, labor unions intervene and submit grievances to arbitration. Generally, an arbitrator's decision is final and binding, but in limited circumstances the matter is ultimately litigated. One such limited circumstance arose when the courts developed a public policy …
Recent Developments: The Uniform Arbitration Act, Kimberly Gibbens, Cathleen A. Martin, Peter Sumners, Stephen Witte
Recent Developments: The Uniform Arbitration Act, Kimberly Gibbens, Cathleen A. Martin, Peter Sumners, Stephen Witte
Journal of Dispute Resolution
The Uniform Arbitration Act is an annual project of the Journal of Dispute Resolution.2 The project examines court opinions from the past year which have interpreted state versions of the Uniform Arbitration Act ("U.A.A.").' Currently, thirty-four states and the District of Columbia have adopted arbitration statutes based on the U.A.A.' The goal of the Journal of Dispute Resolution in creating this project is to promote uniformity in interpretation of the U.A.A. by describing the decisions and rationales of recent court opinions.
Enforcing Arbitration With A Nonsignatory: Equitable Estoppel And Defense Piercing Of The Corporate Veil - Sunkist Soft Drinks, Inc. V. Sunkist Growers, Inc., Scott M. Mckinnis
Enforcing Arbitration With A Nonsignatory: Equitable Estoppel And Defense Piercing Of The Corporate Veil - Sunkist Soft Drinks, Inc. V. Sunkist Growers, Inc., Scott M. Mckinnis
Journal of Dispute Resolution
Since Congress enacted the Federal Arbitration Act,2 courts have liberally enforced a strong national policy favoring arbitration of commercial disputes In furtherance of this goal, courts have refused to stay arbitration proceedings simply because they may involve parties who are nonsignatories to an arbitration agreement.4 Courts have accomplished this objective through the doctrine of equitable estoppel; Sunkist exemplifies that trend. However, Sunkist also represents a corporate scenario in which the emerging legal theory of "defensive piercing"' could be established as another avenue from which to compel commercial arbitration.
Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris
Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris
Fordham Urban Law Journal
The issue of the representation of clients in legal or quasi legal proceedings by non-attorneys has been a troubling one. Not only are such services being offered by non-attorneys in the form of transactional services, i.e., advising, drafting deeds and documents, etc., but has spread to actual representation of parties before administrative agencies. Moreover, as more and more disputes are being resolved through alternative dispute mechanisms, such as arbitration, non-attorneys are also representing clients in such proceedings in civil litigation-often involving complex issues and significant sums of money-against other litigants who are usually represented by skilled attorneys. The ABA recently …
Report Of The Securities Industry Conference On Arbitration On Representation Of Parties In Arbitration By Non-Attorneys
Fordham Urban Law Journal
The following is a Report prepared by the Securities Industry Conference on Arbitration ("SICA" or "Conference") concerning non-attorney representation in arbitration. The report is the result of a study, conducted by SICA over the past two years, on the practices and activities of individuals and organizations ("Non-Attorney Representatives" or "NARs") that provide public customers an alternative to representation by attorneys in disputes between customers and broker/dealers. The study was prompted by complaints concerning the quality of such representation; and, raised questions as to whether the activities of NARs constituted the unauthorized practice of law, and whether the interests of investors …