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Full-Text Articles in Law

Arbitrating Copyright Disputes In Egypt, Islam Mohamed Dec 2021

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 Nov 2020

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 Oct 2019

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 Feb 2017

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 Jan 2017

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 Jun 2013

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 Jan 2012

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 Jan 2012

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 Jul 2009

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 Jan 2007

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 Jan 2000

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 Jan 1996

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 Jul 1988

Rethinking American Arbitration, Thomas J. Stipanowich

Indiana Law Journal

No abstract provided.


Recent Decisions Of The Nlrb-The Reagan Influence, Terry A. Bethel Apr 1985

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 Oct 1973

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 Apr 1973

Unionizing America's Prisons - Arbitration And State-Use, Sarah M. Singleton

Indiana Law Journal

No abstract provided.


Divorce In Utopia, Thomas A. Cowan Jan 1971

Divorce In Utopia, Thomas A. Cowan

Indiana Law Journal

No abstract provided.


A Standard For Arbitrators In Subcontracting Disputes Apr 1964

A Standard For Arbitrators In Subcontracting Disputes

Indiana Law Journal

No abstract provided.


Procedural Arbitrability Under Section 301 Of The Lmra, Alan Schwartz Jan 1964

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 Jul 1956

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. Apr 1946

Equity, Ben F. Small Jr.

Indiana Law Journal

No abstract provided.


Compilation Of Laws Relating To Mediation, Conciliation, And Arbitration Between Employers And Employees, By Elmer A. Lewis Feb 1942

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 Nov 1934

Contracts-Arbitration-Sherman Act

Indiana Law Journal

No abstract provided.


Arbitration At Common Law In Indiana, Edwin M. S. Steers Dec 1929

Arbitration At Common Law In Indiana, Edwin M. S. Steers

Indiana Law Journal

No abstract provided.


Development Of Commercial Arbitration Law, Paul L. Sayre Jan 1928

Development Of Commercial Arbitration Law, Paul L. Sayre

Articles by Maurer Faculty

No abstract provided.


Two Views Of Commercial Arbitration, Paul L. Sayre Jun 1927

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 Jan 1927

Arbitration And Business Ethics, By Clarence F. Birdseye, Paul L. Sayre

Indiana Law Journal

No abstract provided.