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Consumers Swallow Another Lemon: Agency Consent Order Preemption Of State Lemon Law Standards For Informal Dispute Resolution - General Motors V. Abrams, Gregory L. Barnes
Consumers Swallow Another Lemon: Agency Consent Order Preemption Of State Lemon Law Standards For Informal Dispute Resolution - General Motors V. Abrams, Gregory L. Barnes
Journal of Dispute Resolution
This Note will first examine the background of GM v. Abrams, which involves a successful attempt by General Motors (GM) to use a Federal Trade Commission (FTC) consent order to block the application of New York's "Lemon Law" 6 to the arbitration program contained in the order.7 Second, it will discuss the legal context of the dispute (chiefly the extension of the federal preemption doctrine to "implicitly preemptive" agency consent orders). Third, it will outline the court's application of that doctrine in the instant case. Finally, it will offer a critical evaluation of both the legal and policy grounds of …
Context, Properties, And Constitutionality Of Nonconsensual Arbitration: A Study Of Four Systems, The, John R. Allison
Context, Properties, And Constitutionality Of Nonconsensual Arbitration: A Study Of Four Systems, The, John R. Allison
Journal of Dispute Resolution
The purpose of this article is to analyze the context, properties, and constitutionality of these instances of nonconsensual arbitration. Although FIFRA data arbitration and the constitutional challenges to which it has been subjected will receive the most extensive study, the other examples also will be explored in some detail. It is first necessary, however, to lay some groundwork. Each of the nonconsensual arbitration systems to be studied, including FIFRA data arbitration, draws the inspiration for its design and operation from contract-based commercial arbitration. To aid in the understanding of the former, Part II discusses the fundamental nature and legal framework …