Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Arbitration Clauses (2)
- Federal Arbitration Act (FAA) (2)
- Advertisements (1)
- Advertising (1)
- Anti-suit Injunctions (1)
-
- Arbirtation Agreements (1)
- Arbitration (1)
- Arbitration agreements (1)
- Arbitration and Award (1)
- Arbitration award (1)
- Arbitration contracts (1)
- Celebrities (1)
- Class Action Waivers (1)
- Commercial arbitration (1)
- Commercials (1)
- Consumer arbitration (1)
- Consumers (1)
- Contract Law (1)
- Court of Justice of the European Communities (1)
- Deceptive endorsement practices (1)
- Endorsement Guides (1)
- Endorsers (1)
- European Union Countries (1)
- FTC (1)
- Federal Trade Commission (1)
- Influential people (1)
- International commercial arbitration (1)
- Judicial review (1)
- Promotional campaigns (1)
- Regulation (1)
Articles 1 - 4 of 4
Full-Text Articles in Civil Law
Ftc Regulation Of Endorsements In Advertising: In The Consumer's Behalf?, Whitney F. Washburn
Ftc Regulation Of Endorsements In Advertising: In The Consumer's Behalf?, Whitney F. Washburn
Pepperdine Law Review
The Federal Trade Commission, as recently as 1980, has issued Guides designed to prevent deception of consumers due to misleading product endorsement advertising by celebrities and others. The new Guides indicate that the FTC intends to continue its recent trend offending advertisers and even endorsers liable for deceptive endorsement practices. However, a critical analysis of the Guides, in light of marketplace realities and consumer needs, raises serious question as to whether they are likely to promote accurate endorsement advertising. This comment will explore pre-1980 regulations and trace the progression of controls through the advent of the FTC Guides. The Guides …
Reframing The Dilemma Of Contractually Expanded Judicial Review: Arbitral Appeal Vs. Vacatur , Eric Van Ginkel
Reframing The Dilemma Of Contractually Expanded Judicial Review: Arbitral Appeal Vs. Vacatur , Eric Van Ginkel
Pepperdine Dispute Resolution Law Journal
The Federal Arbitration Act ("FAA") of 1925 was created to ensure enforceability of agreements to arbitrate. The FAA is the centerpiece of the federal arbitration policy as construed by the Supreme Court. Section 10(a) FAA enumerates grounds on which an arbitral award can be set aside. The central issue discussed herein is whether parties can agree by contract to allow one of the parties to initiate review of the arbitral award by a court that would otherwise have jurisdiction over those parties, or whether the court's powers are somehow limited to the grounds for vacatur enumerated in Section 10(a) FAA. …
An Unnecessary Consternation: An Analysis Of The Future Of Eu Arbitration In The Wake Of The West Tankers Decision, Mark G. Materna
An Unnecessary Consternation: An Analysis Of The Future Of Eu Arbitration In The Wake Of The West Tankers Decision, Mark G. Materna
Pepperdine Dispute Resolution Law Journal
This article proposes that, despite the West Tankers decision, parties are still not free to breach the terms of an arbitration agreement. On the contrary, there has been a strong trend by English courts to find ways of preventing parties from breaching such agreements. In short, this article serves to quell the panic and elucidate that the West Tankers decision is not a nail in the coffin, but rather a mechanism to reiterate European courts' dedication to ensuring that arbitration provisions remain a potent force against economic infidelity. Part II of this article will provide a brief background of anti-suit …
Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales
Waiving Rights Goodbye: Class Action Waivers In Arbitration Agreements After Stolt-Nielsen V. Animalfeeds International , Diana M. Link, Richard A. Bales
Pepperdine Dispute Resolution Law Journal
This article first argues that to determine the enforceability of a class action waiver, courts should take a "totality of the circumstances" approach rather than adopting a bright-line rule. A set of defined factors that also allows courts to consider real-world issues facing litigants will provide a substantial framework for courts to interpret this area of the law and will lead to more consistent and well-reasoned outcomes in the future. These factors include: the probable size of each class member's individual recovery, the potential for retaliation against class members, the awareness of potential class members that their rights have been …