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Articles 31 - 37 of 37
Full-Text Articles in Law
The Multi-Door Contract And Other Possibilities, Thomas J. Stipanowich
The Multi-Door Contract And Other Possibilities, Thomas J. Stipanowich
Thomas J. Stipanowich
The pressure of recent legislative, judicial and administrative developments and increasing awareness of the possibilities of other alternatives is encouraging unprecedented experimentation in the consensual arena. As courts and agencies have experimented with a range of solutions to more effectively address the many and varied controversies presented to them, litigators have been exposed to the possibilities of purposive third party intervention prior to adjudication. At the same time, nonlawyers have recoiled from the perceived high costs of “Total Process” in the litigation mode and have become more proactive in their approaches to conflict. Gradually, both these trends are feeding, together …
Judicial Fictions: Images Of Supreme Court Justices In The Novel, Drama, And Film, Laura K. Ray
Judicial Fictions: Images Of Supreme Court Justices In The Novel, Drama, And Film, Laura K. Ray
Laura K. Ray
No abstract provided.
Punitive Damages And The Consumerization Of Arbitration, Thomas J. Stipanowich
Punitive Damages And The Consumerization Of Arbitration, Thomas J. Stipanowich
Thomas J. Stipanowich
In this sequel to his 1986 article on punitive damages in arbitration, Professor Stipanowich explores the issues at the heart of the debate over whether punitive or exemplary damages should be available in arbitration between investors and securities brokers and firms. He critiques relevant proposals by the NASD’s Ruder Commission and examines mechanisms for more effectively addressing the punitive damages issue. This article predates and foreshadows the eventual recognition of the authority of securities arbitrators to award punitive damages.
The Justices Write Separately: Uses Of The Concurrence By The Rehnquist Court, Laura K. Ray
The Justices Write Separately: Uses Of The Concurrence By The Rehnquist Court, Laura K. Ray
Laura K. Ray
No abstract provided.
Rethinking American Arbitration, Thomas J. Stipanowich
Rethinking American Arbitration, Thomas J. Stipanowich
Thomas J. Stipanowich
In this 1987 article, Professor Stipanowich extensively analyzes data from an unprecedented broad-based survey on contract-based commercial arbitration in the United States. The study, based on a survey by the ABA Forum on the Construction Industry, provides considerable insight into experiences and perceptions of American attorneys regarding arbitration and litigation of construction and engineering disputes. It also summarizes and compares data developed in earlier studies of arbitration practice and procedure and suggests possible new directions for arbitration procedures.
Arbitration And The Multiparty Dispute: The Search For Workable Solutions, Thomas J. Stipanowich
Arbitration And The Multiparty Dispute: The Search For Workable Solutions, Thomas J. Stipanowich
Thomas J. Stipanowich
In this article, Professor Stipanowich explores the legal and practical problems associated with arbitration of commercial disputes involving multiple parties. He examines relevant legislation and judicial decisions as well as arbitration procedures aimed at facilitating consolidation of claims among multiple parties in a single arbitration hearing as well as joinder and “vouching in” of parties. He proposes the passage of legislation adapting provisions of the California Arbitration Act as a means of more effectively addressing these issues—a proposal that was later effectively adopted in a section of the Revised Uniform Arbitration Act.
Punitive Damages In Arbitration: Garrity V. Lyle Stuart, Inc. Reconsidered, Thomas J. Stipanowich
Punitive Damages In Arbitration: Garrity V. Lyle Stuart, Inc. Reconsidered, Thomas J. Stipanowich
Thomas J. Stipanowich
In this article, Professor Stipanowich discusses the evolution of arbitration as a wide-ranging “surrogate” for civil trial and the debate over arbitrators’ power to levy awards of punitive or exemplary damages. He exhaustively summarizes and analyzes relevant court decisions, policy and practical concerns.