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Articles 1 - 15 of 15
Full-Text Articles in Law
In Conspicuous Terms-- Arbitration Agreements For The Modern Reasonable App User, Michelle Dunbar
In Conspicuous Terms-- Arbitration Agreements For The Modern Reasonable App User, Michelle Dunbar
William & Mary Business Law Review
Two recent decisions regarding the validity of arbitration agreements in mobile apps have come to opposite conclusions despite utilizing the same legal standard and concerning the same app—Uber. While the Federal Arbitration Act strongly favors the validity and importance of arbitration agreements, it appears that judge’s subjectivity based on common knowledge and understanding of apps is influencing the outcome of cases concerning the validity of these arbitration agreements. To the modern app user, are these terms really inconspicuous? For businesses, this could mean that instead of competing in an already saturated app market by enhancing their design and integrating branding …
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts have embraced arbitration so fervently, and therefore case law in this area is marked by tension and conflict. The thesis of this Article is that we can better …
Courts Gone “Irrationally Biased” In Favor Of The Federal Arbitration Act?—Enforcing Arbitration Provisions In Standardized Applications And Marginalizing Consumer-Protection, Antidiscrimination, And States’ Contract Laws: A 1925–2014 Legal And Empirical Analysis, Willy E. Rice
William & Mary Business Law Review
Spanning nearly forty years, the Supreme Court has issued multiple decisions and stated categorically that “judicial hostility to arbitration” was the sole impetus behind Congress’s decision to enact the Federal Arbitration Act of 1925. In fact, before the FAA, systemic trade-specific problems and practices generated heated disputes and widespread litigation among merchants and trade organizations. Thus, to arrest those constituents’ concerns, Congress enacted the FAA. Briefly, under the FAA section 2, arbitration is mandatory if a contractual arbitration provision is valid and a controversy “arises out of the contract.” However, common-law rules of contract formation are equally clear: Standing alone, …
The Testamentary Foundations Of Commercial Arbitration, Peter B. Rutledge
The Testamentary Foundations Of Commercial Arbitration, Peter B. Rutledge
Scholarly Works
This Article offers the first systematic treatment of the relationship between commercial arbitration and testamentary arbitration. (By testamentary arbitration, I mean an arbitration clause contained in a will requiring beneficiaries to resolve differences over the estate by means of an enforceable decision by a private party rather than judicial resolution in a probate court.) Recent scholarship and jurisprudence have questioned the enforceability of these arrangements as incompatible with the requirement of a written "agreement" between parties to the arbitration. Contrary to these views, close examination of the historical record of testamentary arbitration leading to the Federal Arbitration Act's enactment reveals …
The English Approach To Compétence-Compétence, Ozlem Susler
The English Approach To Compétence-Compétence, Ozlem Susler
Pepperdine Dispute Resolution Law Journal
The article examines the Great Britain legislation and practice in compétence-compétence and provides an overview of British approach to arbitral jurisdiction. It states that there are two effects of the principle of compétence-compétence, the positive effect permit arbitral tribunals to make a ruling on their own jurisdiction to hear the dispute and negative effect restricts court to provide the tribunal an opportunity to determine its own jurisdiction.
Unchecked: How Frazier V. Citifinancial Eliminated Judicially Created Grounds For Vacatur Under The Federal Arbitration Act, Sean C. Wagner
Unchecked: How Frazier V. Citifinancial Eliminated Judicially Created Grounds For Vacatur Under The Federal Arbitration Act, Sean C. Wagner
Oklahoma Law Review
No abstract provided.
Challenging Arbitration Awards In England, Northern Ireland And Wales, Mohamed Raffa
Challenging Arbitration Awards In England, Northern Ireland And Wales, Mohamed Raffa
Mohamed Raffa Dr.
Challenging the award under England Arbitration Act 1996 is provided for in a wider scope than the UNCITRAL Model Law, albeit its policy is clearly in favour of finality of awards.
Arbitration As Contract: The Need For A Fully Developed And Comprehensive Set Of Statutory Default Legal Rules, Jack M. Graves
Arbitration As Contract: The Need For A Fully Developed And Comprehensive Set Of Statutory Default Legal Rules, Jack M. Graves
William & Mary Business Law Review
This Article analyzes the United States Federal Arbitration Act, as a statutory framework for effective arbitration of contract disputes. While arbitration under this Act has been subject to ever increasing criticism and calls for reform on a variety of fronts—most often from the perspective of consumer or employment arbitration—this Article focuses specifically on commercial, business-to-business arbitration and critically evaluates the Act as a set of default legal rules governing arbitration as a unique contractual business relationship.
The Article first looks at arbitration from a contractual default rules perspective and then employs this perspective to analyze: (1) the existing federal statutory …
Texas Elective Workers' Compensation: A Model Of Innovation?, Jason Ohana
Texas Elective Workers' Compensation: A Model Of Innovation?, Jason Ohana
William & Mary Business Law Review
Workers' Compensation is often described as a bargain between employers and employees. Employees give up the right to sue their employers in negligence for workplace injuries, and, in return, employers agree to pay predictable, statutorily mandated benefits to injured employees. Over time, this “bargain” became compulsory in every state but one. Texas is the only state in which employers and employees can decide whether or not to enter the workers' compensation bargain. This elective system has some fairly serious problems, and many have advocated its abandonment. This Note analyzes the system's history, compares the system to conventional compulsory systems, analyzes …
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
Faculty Publications
This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts have embraced arbitration so fervently, and therefore case law in this area is marked by tension and conflict. The thesis of this Article is that we can better …
Universes Colliding: The Constitutional Implications Of Arbitral Class Actions, Maureen A. Weston
Universes Colliding: The Constitutional Implications Of Arbitral Class Actions, Maureen A. Weston
William & Mary Law Review
No abstract provided.
Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel
Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel
Scholarly Works
The Seventh Amendment to the Constitution preserves for litigants a right to a jury trial in actions at law. The right to a jury trial does not attach for equitable actions, but in cases presenting claims for both legal and equitable relief a right to a jury trial exists for common questions of fact. Although many modern statutes and claims did not exist in 1791, the Amendment has been interpreted to require a jury trial of statutory claims seeking monetary damages, the classic form of legal relief, so long as there is a relatively apt analogy between the modern statutory …
A Better Approach To Arbitrability, Jeffrey W. Stempel
A Better Approach To Arbitrability, Jeffrey W. Stempel
Scholarly Works
Historically, Anglo-American courts refused to enforce arbitration agreements, jealously guarding their dispute resolution monopoly. During the early twentieth century, merchants and attorneys began seeking legislation requiring courts to defer to arbitration. The United States Abitration Act took effect January 1, 1926 and has remained essentially unchanged. It was written with the implicit assumption that it would be invoked by commercial actors having relatively equal bargaining power and emotive appeal to a jury. The Act says nothing to direct the court's inquiry concerning the quality of either party's assent to the arbitration clause other than requiring a written arbitration agreement and …
Securities—Arbitration—Agreements To Arbitrate Are Valid, John P. Neihouse
Securities—Arbitration—Agreements To Arbitrate Are Valid, John P. Neihouse
University of Arkansas at Little Rock Law Review
No abstract provided.
Moses H. Cone Memorial Hospital V. Mercury Construction Corporation, Lewis F. Powell, Jr.
Moses H. Cone Memorial Hospital V. Mercury Construction Corporation, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.