Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- File Type
Articles 1 - 11 of 11
Full-Text Articles in Law
Speaker, “Fighting For The Debtor’S Soul: Church Autonomy, Religious Arbitration And Bankruptcy’S Automatic Stay”, Michael Helfand
Speaker, “Fighting For The Debtor’S Soul: Church Autonomy, Religious Arbitration And Bankruptcy’S Automatic Stay”, Michael Helfand
Michael A Helfand
No abstract provided.
Growing Pains: Building American Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains: Building American Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and …
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and …
Toward A Theory Of Precedent In Arbitration, W. Mark C. Weidemaier
Toward A Theory Of Precedent In Arbitration, W. Mark C. Weidemaier
W. Mark C. Weidemaier
Contracting For State Intervention, W. Mark C. Weidemaier
Contracting For State Intervention, W. Mark C. Weidemaier
W. Mark C. Weidemaier
Behind The Neutral: The Critical Role Of Provider Institutions, Thomas J. Stipanowich
Behind The Neutral: The Critical Role Of Provider Institutions, Thomas J. Stipanowich
Thomas J. Stipanowich
In the last generation the “quiet revolution” in conflict resolution has spawned a vast array of organizations sponsoring or promoting the services of arbitrators and mediators. These “provider institutions” are often in a position, directly or indirectly, to exert significant influence on the lives and fortunes of individuals in all sectors of society. For this reason they have become increasingly visible, the focus of growing scrutiny and, in some cases, regulation. This article explores the roles of providers and the need for greater awareness of their impact.
Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.
Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.
Maureen A Weston
Mere weeks after American professional cyclist Floyd Landis seemingly won the 2006 Tour de France, the United States Anti-Doping Association (USADA), under the authority granted to it by the U.S. Congress, and through its enforcement of the World Anti-Doping Code (WADC), accused him of having committed doping violations during the race. Landis vehemently denied these allegations, and accused the French laboratory that had performed the testing of his post-race samples, the Laboratoire National du Depistage du Dopage (LNDD), of bias and misconduct in his case.
Under USADA rules, an American athlete accused of doping may request an arbitration hearing before …
The Other Avenues Of Hall Street And Prospects For Judicial Review Of Arbitral Awards, Maureen A. Weston Prof.
The Other Avenues Of Hall Street And Prospects For Judicial Review Of Arbitral Awards, Maureen A. Weston Prof.
Maureen A Weston
In Hall Street Associates, L.L.C. v. Mattel, Inc., the U.S. Supreme Court held that the Federal Arbitration Act (FAA) provided the exclusive grounds for judicial vacatur and modification of arbitral awards covered under the Act. In so ruling, the Court rejected the contention that the FAA’s requirement to enforce arbitration contracts as written includes private contracts that seek to expand the scope of judicial review beyond the grounds enumerated in the FAA. Despite holding that parties cannot expand a court’s power to review an arbitration award under the FAA, the Court alluded to the possibility of “other possible avenues” for …
Investor-State Arbitration: Proportionality's New Frontier, Alec Stone Sweet
Investor-State Arbitration: Proportionality's New Frontier, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.
Arbitration: The "New Litigation", Thomas J. Stipanowich
Arbitration: The "New Litigation", Thomas J. Stipanowich
Thomas J. Stipanowich
Today, binding arbitration procedures are employed in a wider variety of contracts than at any time in our nation's history, and arbitration has become a wide-ranging surrogate for court trial of civil disputes. As a result, arbitration is subjected to unprecedented stresses and strains, and it is fair to say that arbitration has never been subject to wider criticism. Once advocates promoted arbitration as a means of avoiding the contention, cost and expense of court trial; economy, efficiency and the opportunity to fashion true alternatives to litigation are still associated with conventional perceptions of arbitration. Yet today business arbitration is …
Why Do Businesses Use (Or Not Use) Arbitration Clauses?, Christopher R. Drahozal, Stephen J. Ware
Why Do Businesses Use (Or Not Use) Arbitration Clauses?, Christopher R. Drahozal, Stephen J. Ware
Stephen Ware