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Punitive Damages In Commercial Arbitration: A Due Process Analysis, Ira P. Rothken
Punitive Damages In Commercial Arbitration: A Due Process Analysis, Ira P. Rothken
Golden Gate University Law Review
This comment theorizes that awarding punitive damages in commercial arbitration is "state action" requiring due process. Unlike the traditional contract remedy of compensatory damages, punitive damages have for centuries been under the exclusive control of the State. The Supreme Court has found that a traditional and exclusive State power exercised by a private individual is "state action" requiring due process. Therefore when punitive damages are at issue, the arbitration agreement must consist of a minimum quantum of procedures that balance the protection against erroneous punishment with the State's interest in limiting the burden on arbitration. This comment also theorizes that …
Securities Arbitration: Resolution Of Disputes Between Securities Brokers And Their Customers, Gregory N. Malson
Securities Arbitration: Resolution Of Disputes Between Securities Brokers And Their Customers, Gregory N. Malson
Golden Gate University Law Review
This comment will explore the arbitration of securities disputes between securities brokers and their customers, showing that the investor today is fully protected in an arbitral forum and that the advantages to the investor who arbitrates a claim against their broker are expansive.
Adr: In Search Of The Emperor's New Clothes, Allan E. Morgan
Adr: In Search Of The Emperor's New Clothes, Allan E. Morgan
Golden Gate University Law Review
This essay proposes a structure of ADR consistent with the early vision of the commercial sector towards arbitration. ADR as practiced today does not satisfy that vision. Examining current methods of dispute resolution suggests that ADR is a bit like the Emperor's new clothes. The "alternatives" are illusory at best! Finally we go in search of the Emperor's new clothes and conclude that the key to meaningful alternatives hangs in the problem solving closet.
The California Arbitration Act And The 1988 Real Estate Arbitration Amendments: Coming Of Age?, Francis O. Spalding
The California Arbitration Act And The 1988 Real Estate Arbitration Amendments: Coming Of Age?, Francis O. Spalding
Golden Gate University Law Review
In 1988, the California Legislature enacted one of the longest, and in many ways one of the most significant, amendments to the California Arbitration Act1 since the adoption of that Act in 1961. Assembly Bill No. 1240, carried by Assemblyman Byron Sher, Democrat of Palo Alto, was introduced on March 3, 1987 under the extra-legislative sponsorship of the California Association of Realtors. Chaptered on September 14, 1988, after significant legislative markup over two sessions, the Bill added to the Act Sections 1298-1298.8, its first provisions dealing expressly with arbitration clauses in real estate contracts. Under Section 1298.8, the provisions of …