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Full-Text Articles in Law
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
Faculty Publications
This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts have embraced arbitration so fervently, and therefore case law in this area is marked by tension and conflict. The thesis of this Article is that we can better …
Choice Of Law, The Constitution And Lochner, James Y. Stern
Choice Of Law, The Constitution And Lochner, James Y. Stern
Faculty Publications
No abstract provided.
Political Judges And Popular Justice: A Conservative Victory Or A Conservative Dilemma?, George D. Brown
Political Judges And Popular Justice: A Conservative Victory Or A Conservative Dilemma?, George D. Brown
William & Mary Law Review
Most of the judges in America are elected. Yet the institution of the elected judiciary is in trouble, perhaps in crisis. The pressures of campaigning, particularly raising money, have produced an intensity of electioneering that many observers see as damaging to the institution itself. In an extraordinary development, four justices of the Supreme Court recently expressed concern over possible loss of trust in state judicial systems. Yet mechanisms that states have put in place to strike a balance between the accountability values of an elected judiciary and rule of law values of unbiased adjudication are increasingly invalidated by the federal …
Waivers Of Immunity In Federal Environmental Statutes Of The Twenty-First Century: Correcting A Confusing Mess, Kenneth M. Murchison
Waivers Of Immunity In Federal Environmental Statutes Of The Twenty-First Century: Correcting A Confusing Mess, Kenneth M. Murchison
William & Mary Environmental Law and Policy Review
No abstract provided.