Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Consumer Protection Law (2)
- Contracts (2)
- Courts (2)
- Dispute Resolution and Arbitration (2)
- Judges (2)
-
- Law and Society (2)
- Legal History (2)
- Legal Writing and Research (2)
- Business Organizations Law (1)
- Civil Rights and Discrimination (1)
- Constitutional Law (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Estates and Trusts (1)
- Family Law (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Human Rights Law (1)
- International Law (1)
- Juvenile Law (1)
- Law Enforcement and Corrections (1)
- Law and Economics (1)
- Law and Politics (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
Articles 1 - 3 of 3
Full-Text Articles in Jurisprudence
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra
Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra
Thiago Luís Santos Sombra
With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection …
Stiffing The Arbitrators: The Problem Of Nonpayment In Commercial Arbitration, Brian Farkas, Neal M. Eiseman
Stiffing The Arbitrators: The Problem Of Nonpayment In Commercial Arbitration, Brian Farkas, Neal M. Eiseman
Brian Farkas
Commercial arbitration is a creature of contract; the parties are there because they choose to be, either including an arbitration clause in their written agreement or, after a dispute developed, electing to avoid litigation all together. Arbitration also comes with an up-front cost non-existent in litigation: the arbitrators. Taxpayers pay for their state and federal judges, but the parties themselves pay for their arbitrators. But what happens if one party refuses (or is otherwise unable) to pay the arbitrator? If the arbitrator then refuses to proceed, as is likely, should the dispute revert to court, in derogation of the prior …