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Selected Works

Commercial Law

Selected Works

Kenyon D Harbison

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Full-Text Articles in Law

Are Contingent-Fee Attorneys Deterred?: How Courts Can More Effectively Police Adhesive Arbitration Agreements, Kenyon Harbison Mar 2008

Are Contingent-Fee Attorneys Deterred?: How Courts Can More Effectively Police Adhesive Arbitration Agreements, Kenyon Harbison

Kenyon D Harbison

If you’re like me, you become bound by a new arbitration agreement almost every day, sometimes without even knowing it. They are included with banking and credit card statements, in most employment contracts, and in most purchase agreements. When we make purchases online we ‘click’ our assent to them without reading them. When we receive them in the mail we signal our assent by failing to opt out. But what happens when we are injured, defrauded, or cheated, try to sue, and find we are instead subject to arbitration? What standards can we expect courts to apply if we ...


The University As Consumer?: Rethinking Overlap Behavior, Kenyon D. Harbison Dec 2007

The University As Consumer?: Rethinking Overlap Behavior, Kenyon D. Harbison

Kenyon D Harbison

From the 1950's through the decision in United States v. Brown University, the Ivy League colluded with regard to the financial aid awards it awarded to commonly admitted students, pursuant to a so-called "Overlap Agreement." In the 90's, the federal government sued, alleging antitrust violations, and all but one university settled. MIT took the case up to the Third Circuit, which roughly held that non-economic pro-competitive justifications could be assessed in applying Rule-of-Reason antitrust analysis. MIT settled before the remand, or before the case could go to the Supreme Court. To date, all commentators have blindly followed standard ...