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Full-Text Articles in Law
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
Deterrence And Implied Limits On Arbitral Power, Michael A. Scodro
Duke Law Journal
Employment, brokerage, and other contracts routinely include "predispute" arbitration clauses-provisions requiring the parties to submit any and all future disputes to arbitrators rather than courts. In recent years, courts have come to enforce these clauses in the vast run of cases, requiring parties to arbitrate even when the underlying dispute implicates employment discrimination, antitrust, or other "public law" rights. In response to this trend, interest has grown in the extent of courts' authority to overturn arbitral awards that do not give effect to such rights. At first blush, the Federal Arbitration Act (FAA) does not appear to authorize any such …
Korematsu: A Mélange Of Military Imperatives, Eugene Gressman
Korematsu: A Mélange Of Military Imperatives, Eugene Gressman
Law and Contemporary Problems
No abstract provided.
The Political Question Doctrine: Suggested Criteria, Jesse H. Choper
The Political Question Doctrine: Suggested Criteria, Jesse H. Choper
Duke Law Journal
Whether there should be a political question doctrine and, if so, how it should be implemented continue to be contentious and controversial issues, both within and outside the Court. This Article urges that the Justices should reformulate the detailed definition that they have utilized (at least formally) since 1962, and adopt four criteria to be applied in future cases. The least disputed-textual commitment-is the initial factor listed in Baker v. Carr. The other three are based on functional considerations rather than constitutional language or original understanding. The first of these-structural issues: federalism and separation of powers-has been advanced and developed …
Just Blowing Smoke? Politics, Doctrine, And The Federalist Revival After Gonzales V. Raich, Ernest A. Young
Just Blowing Smoke? Politics, Doctrine, And The Federalist Revival After Gonzales V. Raich, Ernest A. Young
Faculty Scholarship
No abstract provided.