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Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and …
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and …
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and …
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and …
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and …
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and …
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and …
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and …
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and …
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
Growing Pains; Building Arbitration's Legitimacy Through Everyday Arbitral Decisions, John B. Mcarthur
John B McArthur
Arbitration’s rapid growth has come under pressure in recent years. A Supreme Court decision holding that awards under the Federal Arbitration Act cannot be vacated for substantive error even if they clearly are wrong has helped discredit arbitration. Misuse of arbitration clauses in consumer, employment, and franchise settings has led to proposals for radical constriction under the proposed Arbitration Fairness Act of 2009. Facing these challenges, arbitrators need to ensure the quality of their awards by adhering to the rule of law and resisting the temptation to administer a personal brand of justice. They need to discourage silent awards and …
Pleading Their Case: How Ashcroft V. Iqbal Extinguishes Prisoners’ Rights, Maureen Brocco
Pleading Their Case: How Ashcroft V. Iqbal Extinguishes Prisoners’ Rights, Maureen Brocco
Maureen Brocco
Ashcroft v. Iqbal, decided on May 18, 2009, increased the evidentiary burden required to survive a Federal Rule of Civil Procedure 12(b)(6) (“Rule 12(b)(6)”) motion to dismiss to a strict plausibility standard. While this decision affects almost all civil claims in the federal court system, its impact is particularly troublesome in the realm of prisoners’ rights litigation. For a prisoner, such onerous pre-litigation fact-finding requirements can turn the administration of justice into an unattainable goal. Since prisoners’ claims are often against their captors, government officials, this heightened pleading burden may leave victims of egregious unconstitutional actions by government officials without …
Interregional Recognition And Enforcement Of Civil And Commercial Judgments: Lessons For China From Us And Eu Laws, Jie Huang
Jie Huang
Judgment recognition and enforcement (JRE) between US sister states, between EU member states, and between Mainland China, Hong Kong, and Macao, are in the category of “interregional JRE.” This article focuses on what lessons China may draw from the US and the EU to develop its interregional JRE laws. It first discusses the status quo of the interregional JRE in China. Then it explores how the interregional economic integration demands the establishment of a multilateral interregional JRE arrangement in China. Finally it points out the four most crucial challenges in developing this arrangement: the challenge relating to the socialist characteristics …
Reality Meets Perception For Federal Rule Of Civil Procedure 11: An Empirical Study Of Practice Under The 1983 And 1993 Versions., David B. Owens
Reality Meets Perception For Federal Rule Of Civil Procedure 11: An Empirical Study Of Practice Under The 1983 And 1993 Versions., David B. Owens
David B. Owens
The claim that frivolous litigation is an “epidemic” plaguing our civil justice system strikes a chord with many Americans. Legal ethicists and other academics have responded by emphasizing that incidents like the McDonald’s coffee case are distorted by sensationalist media coverage and, more fundamentally, that they are not representative of civil litigation. Against the backdrop of this persistent social controversy, Rule 11 of the Federal Rules of Civil Procedure has been twice significantly amended in the last 30 years—in 1983 and 1993. The most recent amendments in 1993 did not quell political concern about frivolous litigation. Indeed, as recently as …
Back To The Future: Discovery Cost Allocation And Modern Procedural Theory, Martin H. Redish, Colleen Mcnamara
Back To The Future: Discovery Cost Allocation And Modern Procedural Theory, Martin H. Redish, Colleen Mcnamara
Martin H Redish
It has long been established that as a general rule, discovery costs are to remain with the party from whom discovery has been sought. While courts have authority to "shift" costs in an individual instance, the presumption against such an alteration in traditional practice is quite strong. Yet at no point did the drafters of the original Federal Rules of Civil Procedure ever make an explicit decision to allocate discovery costs in this manner. Nor, apparently, did they (or anyone since) ever explain why such an allocation choice is to be made in the first place. As a result, our …
Civil Procedures For A World Of Shared And User-Generated Content, Ira Nathenson
Civil Procedures For A World Of Shared And User-Generated Content, Ira Nathenson
Ira Steven Nathenson
Scholars often focus on the substance of copyrights as opposed to the procedures used to enforce them. Yet copyright enforcement procedures are at the root of significant overreach and deserve greater attention in academic literature. This Article explores three types of private enforcement procedures: direct enforcement (cease-and-desist practice); indirect enforcement (DMCA takedowns); and automated enforcement (YouTube’s Content ID filtering program). Such procedures can produce a “substance-procedure-substance” feedback loop that causes significant de facto overextensions of copyrights, particularly against those creating and sharing User-Generated Content (UGC). To avoid this feedback, the Article proposes descriptive and normative frameworks aimed towards the creation …