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Articles 1 - 4 of 4
Full-Text Articles in Law
Why Arbitrate? The Questionable Quest For Efficiency In Hallstreet Street Associates, Llc V. Mattel, Inc., 550 U.S. __ (2008), David K. Kessler
Why Arbitrate? The Questionable Quest For Efficiency In Hallstreet Street Associates, Llc V. Mattel, Inc., 550 U.S. __ (2008), David K. Kessler
David K Kessler
The Federal Arbitration Act (FAA) makes arbitration agreements between private parties legally enforceable. The policy favoring arbitration underlying the FAA has been justified as serving two ends: it protects freedom of contract, and it creates an efficient alternative dispute resolution system. Previous decisions by the Court have indicated a belief that, when those two goals come into conflict, the result that preserves freedom of contract should prevail. In Hallstreet Associates, L.L.C. v. Mattel, Inc., however, a recent case involving the Federal Arbitration Act, the Court's decision preserved perceived efficiency at the expense of freedom of contract. The Court held that …
Why Arbitrate? The Questionable Quest For Efficiency In Hallstreet Street Associates, Llc V. Mattel, Inc., David K. Kessler
Why Arbitrate? The Questionable Quest For Efficiency In Hallstreet Street Associates, Llc V. Mattel, Inc., David K. Kessler
David K Kessler
The Federal Arbitration Act (“FAA”) makes arbitration agreements between private parties legally enforceable. The policy favoring arbitration underlying the FAA has been justified as serving two ends: it protects freedom of contract, and it creates an efficient alternative dispute resolution system. Previous decisions by the Court have indicated a belief that, when those two goals come into conflict, the result that preserves freedom of contract should prevail. In Hallstreet Associates, L.L.C. v. Mattel, Inc., however, a recent case involving the Federal Arbitration Act, the Court’s decision preserved perceived efficiency at the expense of freedom of contract. The Court held that …
The Love Song Of The Delaware Court Of Chancery, David K. Kessler
The Love Song Of The Delaware Court Of Chancery, David K. Kessler
David K Kessler
Though corporate law can often seem dry and uninteresting, it is full of wonderful stories, complex characters, and powerful language. As such, the field of corporate law lends itself to the medium that has long best captured those elements: poetry. The attached document is an adaptation of T.S. Eliot’s The Love Song of J. Alfred Prufrock to the theme of corporate law. It has been enthusiastically received on the Harvard campus by former Law School Dean (and Corporations guru) Robert Clark and the Vice-Chancellor of the Delaware Court of Chancery, Leo Strine. I understand that this submission is far more …
Free To Leave? An Empirical Look At The Fourth Amendment’S Seizure Standard, David K. Kessler
Free To Leave? An Empirical Look At The Fourth Amendment’S Seizure Standard, David K. Kessler
David K Kessler
Whether a person has been “seized” often determines if he or she receives Fourth Amendment protection. The Supreme Court has established a standard for identifying seizures: a person is seized when a reasonable person in his situation would not have felt free to leave or otherwise terminate the encounter with law enforcement. In applying that standard, today’s courts conduct crucial seizure inquiries relying only on their own beliefs about when a reasonable person would feel free to leave. Both the Court and scholars have noted that, though empirical evidence about whether people actually feel free to leave would help guide …