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Articles 1 - 27 of 27
Full-Text Articles in Law
Arbitrating Copyright Disputes In Egypt, Islam Mohamed
Arbitrating Copyright Disputes In Egypt, Islam Mohamed
Maurer Theses and Dissertations
Egypt is witnessing increasing difficulty in implementing and practicing protectionist policies for intellectual property rights, which includes copyright as a fundamental element. Since the Egyptian judicial system is exclusively concerned with adjudicating all disputes, it has become increasingly burdened in recent decades due to this monopoly. As a result, the Egyptian judiciary is witnessing a significant slowdown in resolving conflicts and procedural obstacles which delay the restitution of Intellectual property rights to its owners. Thus, we believe that applying arbitration will contribute to resolving copyright disputes in advance on one hand and will encourage an attractive climate in such matters …
Regulating Multinational Corporations In International Investment Law And Arbitration: Towards Limiting The Treaty Shopping, Sharaf Khaled Alsharaf
Regulating Multinational Corporations In International Investment Law And Arbitration: Towards Limiting The Treaty Shopping, Sharaf Khaled Alsharaf
Maurer Theses and Dissertations
This study examines the limitations of treaty shopping in international investment law and arbitration by recognizing some steps and factors that states, especially developing states, and arbitral tribunals may consider regarding the purpose and objective of investment agreements and contracting states’ viewpoints. The focus is solely on the multinational corporation as a corporate investor. To understand these limitations, this study has divided the topic through three separate research questions. The first question is how a state can regulate MNCs in a way that limits their ability to practice treaty shopping, whether domestically or internationally via BITs or regional investment agreement, …
Arbitration And The Federal Balance, Alyssa King
Arbitration And The Federal Balance, Alyssa King
Indiana Law Journal
Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political attention at both the federal and state level. The importance of such reforms has only been heightened by the Supreme Court’s expansion of preemption under the FAA and of arbitral authority. This case law creates incentives for courts at all levels to prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and regulatory agencies can expect to be subject to renewed focus. If state legislatures cannot easily limit arbitrability, an alternative is to try reforms that seek …
Legalization Under The Premises Of Globalization: Why And Where To Enforce Corporate Social Responsibility Codes, Anna Beckers
Legalization Under The Premises Of Globalization: Why And Where To Enforce Corporate Social Responsibility Codes, Anna Beckers
Indiana Journal of Global Legal Studies
This contribution advances the argument that global self-regulation through corporate social responsibility codes can and should be enforced under domestic private laws. Corporate social responsibility codes are defined as unilateral corporate commitments that indicate a corporation's willingness to take on a global regulatory role in the absence of a global political government-a phenomenon that is difficult to grasp from the perspective of traditional private law categories. The contribution thus starts by discussing the aspects in which private corporate codes and private law categories seem not to fit, and points to recent developments in substantive private law that could change this …
The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis
The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis
Articles by Maurer Faculty
This Article discusses a troubling cause of the decline in civil trials — the growing ubiquity of predispute binding arbitration clauses — and discusses tension between roles and responsibilities classically associated with zealous advocacy and the pressing need for new roles and responsibilities associated with ethical dispute system design.
Over the past decade, two interacting patterns have come to encourage transactional attorneys to engage in zealous advocacy when crafting predispute binding arbitration clauses in adhesion contracts. First, recent U.S. Supreme Court jurisprudence broadly defers and delegates authority to those who create such clauses in adhesion contracts with little oversight. Second, …
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Claim-Suppressing Arbitration: The New Rules, David S. Schwartz
Claim-Suppressing Arbitration: The New Rules, David S. Schwartz
Indiana Law Journal
Binding, pre-dispute arbitration imposed on the weaker party in an adhesion contract—so-called “mandatory arbitration”—should be recognized for what it truly is: claim-suppressing arbitration. Arguments that such arbitration processes promote access to dispute resolution have been refuted and should not continue to be made without credible empirical support. Drafters of such arbitration clauses are motivated to reduce their liability exposure and, in particular, to eliminate class claims against themselves. Furthermore, claim-suppressing arbitration violates two fundamental principles of due process: it allows one party to the dispute to make the disputing rules; and it gives the adjudicative role to a decision maker …
The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin
The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin
Indiana Law Journal
Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.
International Rule Of Law And Constitutional Justice In International Investment Law And Arbitration, Ernst-Ulrich Petersmann
International Rule Of Law And Constitutional Justice In International Investment Law And Arbitration, Ernst-Ulrich Petersmann
Indiana Journal of Global Legal Studies
Judicial administration of justice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of constitutional justice. The principles of procedural justice underlying investor-state arbitration remain controversial, especially if confidentiality and party autonomy governing commercial arbitration risk neglecting adversely affected third parties and public interests. There are also concerns that rule-following and formal equality of foreign investors and home states may not ensure substantive justice in the settlement of investment disputes unless arbitrators and courts take more seriously their customary law obligation of settling disputes in conformity with human rights obligations of governments and …
Governance Of The Workplace: The Contemporary Regime Of Individual Contract, Kenneth G. Dau-Schmidt, Timothy A. Haley
Governance Of The Workplace: The Contemporary Regime Of Individual Contract, Kenneth G. Dau-Schmidt, Timothy A. Haley
Articles by Maurer Faculty
No abstract provided.
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver
Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver
Articles by Maurer Faculty
No abstract provided.
Rethinking American Arbitration, Thomas J. Stipanowich
Rethinking American Arbitration, Thomas J. Stipanowich
Indiana Law Journal
No abstract provided.
Recent Decisions Of The Nlrb-The Reagan Influence, Terry A. Bethel
Recent Decisions Of The Nlrb-The Reagan Influence, Terry A. Bethel
Indiana Law Journal
No abstract provided.
Collyer Insulated Wire: A Case Of Misplaced Modesty, Julius G. Getman
Collyer Insulated Wire: A Case Of Misplaced Modesty, Julius G. Getman
Indiana Law Journal
No abstract provided.
Unionizing America's Prisons - Arbitration And State-Use, Sarah M. Singleton
Unionizing America's Prisons - Arbitration And State-Use, Sarah M. Singleton
Indiana Law Journal
No abstract provided.
Divorce In Utopia, Thomas A. Cowan
A Standard For Arbitrators In Subcontracting Disputes
A Standard For Arbitrators In Subcontracting Disputes
Indiana Law Journal
No abstract provided.
Procedural Arbitrability Under Section 301 Of The Lmra, Alan Schwartz
Procedural Arbitrability Under Section 301 Of The Lmra, Alan Schwartz
Articles by Maurer Faculty
No abstract provided.
Arbitration Of No-Strike Clause Breaches: An Answer To Section 301 Of The Taft-Hartley Act
Arbitration Of No-Strike Clause Breaches: An Answer To Section 301 Of The Taft-Hartley Act
Indiana Law Journal
No abstract provided.
Equity, Ben F. Small Jr.
Compilation Of Laws Relating To Mediation, Conciliation, And Arbitration Between Employers And Employees, By Elmer A. Lewis
Indiana Law Journal
Government Publications Review
Contracts-Arbitration-Sherman Act
Arbitration At Common Law In Indiana, Edwin M. S. Steers
Arbitration At Common Law In Indiana, Edwin M. S. Steers
Indiana Law Journal
No abstract provided.
Development Of Commercial Arbitration Law, Paul L. Sayre
Development Of Commercial Arbitration Law, Paul L. Sayre
Articles by Maurer Faculty
No abstract provided.
Two Views Of Commercial Arbitration, Paul L. Sayre
Two Views Of Commercial Arbitration, Paul L. Sayre
Indiana Law Journal
No abstract provided.
Arbitration And Business Ethics, By Clarence F. Birdseye, Paul L. Sayre
Arbitration And Business Ethics, By Clarence F. Birdseye, Paul L. Sayre
Indiana Law Journal
No abstract provided.