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Full-Text Articles in Law
The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis
The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis
Articles by Maurer Faculty
This Article discusses a troubling cause of the decline in civil trials — the growing ubiquity of predispute binding arbitration clauses — and discusses tension between roles and responsibilities classically associated with zealous advocacy and the pressing need for new roles and responsibilities associated with ethical dispute system design.
Over the past decade, two interacting patterns have come to encourage transactional attorneys to engage in zealous advocacy when crafting predispute binding arbitration clauses in adhesion contracts. First, recent U.S. Supreme Court jurisprudence broadly defers and delegates authority to those who create such clauses in adhesion contracts with little oversight. Second, …
Governance Of The Workplace: The Contemporary Regime Of Individual Contract, Kenneth G. Dau-Schmidt, Timothy A. Haley
Governance Of The Workplace: The Contemporary Regime Of Individual Contract, Kenneth G. Dau-Schmidt, Timothy A. Haley
Articles by Maurer Faculty
No abstract provided.
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver
Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver
Articles by Maurer Faculty
No abstract provided.
Procedural Arbitrability Under Section 301 Of The Lmra, Alan Schwartz
Procedural Arbitrability Under Section 301 Of The Lmra, Alan Schwartz
Articles by Maurer Faculty
No abstract provided.
Development Of Commercial Arbitration Law, Paul L. Sayre
Development Of Commercial Arbitration Law, Paul L. Sayre
Articles by Maurer Faculty
No abstract provided.