Law Commons^™

Predisposed With Integrity: The Elusive Quest For Justice In Tripartite Arbitrations, Deseriee A. Kennedy

Scholarly Works

No abstract provided.

Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau

Journal Articles

Arbitration consists of a process for resolving disputes in a final and binding manner outside the traditional court system. The rules that govern arbitration provide for flexible proceedings and do not require the strict application of legal rules.

Owing largely to the holdings of the U.S. Supreme Court, arbitration law and procedure have emerged from the obscurity of specialized practice and entered the adjudicatory mainstream.

In 1925, with the enactment of the U.S. Arbitration Act, the U.S. Congress declaredthe rehabilitation of arbitral justice and dispute resolution. These provisionsanticipated, in effect, the modern, world-wide legislative legitimization ofarbitration. Primarily because of the …

Avoiding Litigation With The Mini-Trial: The Corporate Bottom Line As Dispute Resolution Techniuqe, Douglas A. Henderson

South Carolina Law Review

No abstract provided.

American Conflicts Scholarship And The New Law Merchant, Friedrich K. Juenger

Vanderbilt Journal of Transnational Law

Professor Juenger argues that both the unilateralist and the multilateralist schools of thought share a fixation on the idea that law must emanate from the power of a sovereign state. The author points out that such a view of law is a historic; that, in the past, merchants relied on a substantive body of supranational rules that transcended national borders. This Article discusses the contemporary significance of the law merchant for law professors, law students, and practitioners.

The author explains how the practices of contemporary transnational commercial enterprises, as well as the opinions of contemporary scholars , support the idea …

Causes Of Litigation In Workers' Compensation Programs, Evangelos Mariou Falaris, Charles R. Link, Michael E. Staten

Upjohn Press

By applying econometric analyses to case data from two states, Falaris, Link and Staten identify the economic incentives influencing the probability of litigation in workers' compensation cases, and the probability that a contested case is pursued to verdict.

Putting Mandatory Summary Jury Trial Back On The Docket: Recommendations On The Exercise Of Judicial Authority, Lucille M. Ponte

Fordham Law Review

No abstract provided.

Seeking Consistency In Judicial Review Of Securities Arbitration: An Analysis Of The Manifest Disregard Of The Law Standard, Michael P. O'Mullan

Fordham Law Review

No abstract provided.

Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris

Fordham Urban Law Journal

The issue of the representation of clients in legal or quasi legal proceedings by non-attorneys has been a troubling one. Not only are such services being offered by non-attorneys in the form of transactional services, i.e., advising, drafting deeds and documents, etc., but has spread to actual representation of parties before administrative agencies. Moreover, as more and more disputes are being resolved through alternative dispute mechanisms, such as arbitration, non-attorneys are also representing clients in such proceedings in civil litigation-often involving complex issues and significant sums of money-against other litigants who are usually represented by skilled attorneys. The ABA recently …

Report Of The Securities Industry Conference On Arbitration On Representation Of Parties In Arbitration By Non-Attorneys

Fordham Urban Law Journal

The following is a Report prepared by the Securities Industry Conference on Arbitration ("SICA" or "Conference") concerning non-attorney representation in arbitration. The report is the result of a study, conducted by SICA over the past two years, on the practices and activities of individuals and organizations ("Non-Attorney Representatives" or "NARs") that provide public customers an alternative to representation by attorneys in disputes between customers and broker/dealers. The study was prompted by complaints concerning the quality of such representation; and, raised questions as to whether the activities of NARs constituted the unauthorized practice of law, and whether the interests of investors …

Enforceability Of An Agreement To Submit To A Non-Arbitral Form Of Dispute Resolution: The Rise Of Mediation And Neutral Fact-Finding - Annapolis Professional Firefighters Local 1926 V. City Of Annapolis, The, Tim K. Klintworth

Journal of Dispute Resolution

Agreements between employers and unions frequently specify a form of alternate dispute resolution to be utilized in the event of a future dispute. Annapolis addresses the issue of the enforceability of a written agreement to submit future disputes to some form of non-arbitral resolution such as mediation or neutral-fact finding.