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Articles 61 - 88 of 88
Full-Text Articles in Law
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
Waste Not, Want Not: Upholding The Integrity Of Interstate Compacts. State Of Nebraska V. Central Interstate Low-Level Radioactive Waste Compact Commission, Kevin M. Johnson
Waste Not, Want Not: Upholding The Integrity Of Interstate Compacts. State Of Nebraska V. Central Interstate Low-Level Radioactive Waste Compact Commission, Kevin M. Johnson
Journal of Environmental and Sustainability Law
No abstract provided.
Pig In A Poke: Missouri Draws Tenuous Line Between Public Health And Zoning Ordinances In Allowing County Regulation Of Concentrated Animal Feeding Operations. Borron V. Farrenkopf, William C. Ellis
Journal of Environmental and Sustainability Law
No abstract provided.
Back To Reality: What "Knowingly" Really Means And The Inherently Subjective Nature Of The Mental State Requirement In Environmental Criminal Law , Jonathan Snyder
Back To Reality: What "Knowingly" Really Means And The Inherently Subjective Nature Of The Mental State Requirement In Environmental Criminal Law , Jonathan Snyder
Journal of Environmental and Sustainability Law
No abstract provided.
Many Facts, Little Law: Confusion Remains In The Law Of Takings After Del Monte Dunes. City Of Monterey V. Del Monte Dunes At Monterey, Ltd. , Kristin Krebs
Many Facts, Little Law: Confusion Remains In The Law Of Takings After Del Monte Dunes. City Of Monterey V. Del Monte Dunes At Monterey, Ltd. , Kristin Krebs
Journal of Environmental and Sustainability Law
No abstract provided.
Cumulative Subject Index For Volumes 64-65
Paying The Price Of Process: Judicial Regulation Of Consumer Arbitration Agreements, Stephen J. Ware
Paying The Price Of Process: Judicial Regulation Of Consumer Arbitration Agreements, Stephen J. Ware
Journal of Dispute Resolution
Arbitration clauses now appear in many of the form contracts through which consumers obtain goods, services and credit.' Why do so many businesses that deal with consumers choose arbitration? Relative to litigation, arbitration provides opportunities for a business to save on its dispute-resolution costs. If arbitration does, in fact, lower these costs then arbitration lowers the prices (and interest rates) consumers pay because competition forces businesses to pass their cost-savings on to consumers.
Mandatory Arbitration Of An Employee's Statutory Rights: Still A Controversial Issue Or Are We Beating The Proverbial Dead Horse - Penn V. Ryan's Family Steakhouse, Inc., Andrea L. Myers
Journal of Dispute Resolution
Since the early 1980s, the Supreme Court has espoused a strong preference for arbitration in the employment setting. Despite this general preference, the Supreme Court has never clearly stated that mandatory arbitration of statutory rights is always reasonable. This omission has led to much controversy about whether this preference permits the mandatory arbitration of all statutory rights or only those that are amenable to arbitration as defined by the Supreme Court.
Federal Preemption And Vacatur: The Bookend Issues Under The Revised Uniform Arbitration Act, Stephen L. Hayford
Federal Preemption And Vacatur: The Bookend Issues Under The Revised Uniform Arbitration Act, Stephen L. Hayford
Journal of Dispute Resolution
As one of the two Academic Advisors to the Drafting Committee appointed by the National Conference of Commissioners on Uniform State Laws ("NCCUSL") to revise the Uniform Arbitration Act, I was assigned primary responsibility for the two most important issues pertinent to the Drafting Committee's framing of the Revised Uniform Arbitration Act ("RUAA"). The first-the issue of federal preemption-set the baseline for the scope and character of the RUAA by defining for the Drafting Committee the areas of the substantive law of arbitration in which the states are free to regulate, the Federal Arbitration Act ("FAA") notwithstanding. The second-the issue …
To Litigate Or Arbitrate - No Matter - The Credit Card Industry Is Deciding For You, Johanna Harrington
To Litigate Or Arbitrate - No Matter - The Credit Card Industry Is Deciding For You, Johanna Harrington
Journal of Dispute Resolution
This Comment posits that consumers lose their legal protections in the credit industry when arbitration policies are favored over consumer credit protection policies. Part II will examine the language of credit card arbitration clauses including a discussion of the circumstances under which a credit card holder might bring a claim. Part III will discuss barriers to challenging the arbitration provisions. Part IV will summarize how the courts have addressed mandatory arbitration clauses in credit cards. Part V will examine traditional consumer credit protection laws, specifically whether the Truth-in-Lending Act is able to protect consumers from mandatory arbitration clauses. Finally, Part …
Prior Issue Index To Volumes 1990-2000
Prior Issue Index To Volumes 1990-2000
Journal of Dispute Resolution
No abstract provided.
Table Of Leading Comments-Authors Prior Issue Index To Volumes 1990-2000
Table Of Leading Comments-Authors Prior Issue Index To Volumes 1990-2000
Journal of Dispute Resolution
No abstract provided.
Table Of Leading Notes -Authors Prior Issue Index To Volumes 1990-2000
Table Of Leading Notes -Authors Prior Issue Index To Volumes 1990-2000
Journal of Dispute Resolution
No abstract provided.
Book Reviews - Authors/Casebook Case Studies Prior Issue Index To Volumes 1990-2000
Book Reviews - Authors/Casebook Case Studies Prior Issue Index To Volumes 1990-2000
Journal of Dispute Resolution
No abstract provided.
Table Of Symposia Prior Issue Index To Volumes 1990-2000
Table Of Symposia Prior Issue Index To Volumes 1990-2000
Journal of Dispute Resolution
No abstract provided.
Revised Uniform Arbitration Act: Modernizing, Revising, And Clarifying Arbitration Law, The, Timothy J. Heinsz
Revised Uniform Arbitration Act: Modernizing, Revising, And Clarifying Arbitration Law, The, Timothy J. Heinsz
Journal of Dispute Resolution
From the outset of the Drafting Committee's deliberations, two issues came to the fore: federal preemption and adhesion contracts.23 The complexity of both matters presented substantial challenges to the Drafting Committee. The Drafting Committee needed to reach early agreement on an approach to preemption and adhesion, which affect so many areas covered by state arbitration law
Waiver - Not Yet: After More Than Eight Years Of Pre-Trial Litigation The Second Circuit Orders Arbitration - Crysen/Montenay Energy Co. V. Shell Oil Co. And Scallop Petroleum Co., David A. Geisler Ii.
Waiver - Not Yet: After More Than Eight Years Of Pre-Trial Litigation The Second Circuit Orders Arbitration - Crysen/Montenay Energy Co. V. Shell Oil Co. And Scallop Petroleum Co., David A. Geisler Ii.
Journal of Dispute Resolution
Arbitration clauses, like most terms in a contract, are enforceable against either party and, unless expressly or impliedly waived, should be enforced. While the federal courts and Congress have a policy that strongly favors arbitration, in some situations the factual nature of the case leads the court to conclude that the right to arbitrate the matter has been waived. The Second Circuit Court of Appeals, in In re Crysen/Montenay Energy Co. v. Shell Oil Co. and Scallop Petroleum Co., addressed this issue; however the court concluded that the policy favoring the enforcement of arbitration provisions outweighed the prejudice to Crysen/Montenay …
Class Action Vs. Arbitration: Does Tila Support Class Actions In Arbitration Where Statutory Rights Are Concerned - Johnson V. West Suburban Bank, Christina S. Lewis
Class Action Vs. Arbitration: Does Tila Support Class Actions In Arbitration Where Statutory Rights Are Concerned - Johnson V. West Suburban Bank, Christina S. Lewis
Journal of Dispute Resolution
Johnson v. West Suburban Bank is an important case in American jurisprudence because it combines several United States Supreme Court cases to establish a test for whether arbitration provisions relating to statutory rights should be upheld when they essentially preclude class actions. This Casenote will examine the progression the courts have taken and Johnson's subsequent test. Finally, an evaluation of this test will follow.
Clarifying The Intent Of Congress: Are The Federal Arbitration Act's Venue Provisions Permissive Or Mandatory - Cortez Byrd Chips, Inc. V. Bill Harbert Construction Co., Darynne L. O'Neal
Clarifying The Intent Of Congress: Are The Federal Arbitration Act's Venue Provisions Permissive Or Mandatory - Cortez Byrd Chips, Inc. V. Bill Harbert Construction Co., Darynne L. O'Neal
Journal of Dispute Resolution
Some circuits have taken the position that the venue provisions are mandatory, thus limiting venue for motions to confirm, vacate, or modify arbitration awards to the district where the award was made. Other circuits, however, have adopted the contrary position that the venue provisions are permissive, allowing such motions to be brought either in the district where the arbitration award was made or in any district that is proper under the general venue statute. This Casenote explores the split among the circuits on the nature of the FAA's venue provisions. Cortez Byrd Chips, Inc. v. Bill Harbert Construction Co. addressed …
Read The Fine Print - Alabama Supreme Court Rules That Binding Arbitration Provisions In Written Warranties Are Okay - Southern Energy Homes, Inc. V. Ard, Garrett S. Taylor
Read The Fine Print - Alabama Supreme Court Rules That Binding Arbitration Provisions In Written Warranties Are Okay - Southern Energy Homes, Inc. V. Ard, Garrett S. Taylor
Journal of Dispute Resolution
When a consumer purchases an item that includes a warranty, they generally do not read the warranty, and a consumer expects that they will have a right to a judicial forum should the warranty come into play. However, courts have recently faced the issue of whether or not binding arbitration provisions in written warranties preclude the consumer from appearing in a courtroom. The Supreme Court of Alabama, in Southern Energy Homes, Inc. v. Ard, held that inclusion of binding arbitration provisions in written warranties is acceptable, despite the intent of the MagnusonMoss Act.'
Prior Issue Index To Volumes 1990-2000
Prior Issue Index To Volumes 1990-2000
Journal of Dispute Resolution
No abstract provided.
Table Of Leading Articles-Authors Prior Issue Index To Volumes 1990-2000
Table Of Leading Articles-Authors Prior Issue Index To Volumes 1990-2000
Journal of Dispute Resolution
No abstract provided.
Student Projects Prior Issue Index To Volumes 1990-2000
Student Projects Prior Issue Index To Volumes 1990-2000
Journal of Dispute Resolution
No abstract provided.