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2,840 full-text articles. Page 1 of 55.

Take It Or Leave It: Unconscionability Of Mandatory Pre-Dispute Arbitration Agreements In The Securities Industry, William Alan Nelson II 2015 SelectedWorks

Take It Or Leave It: Unconscionability Of Mandatory Pre-Dispute Arbitration Agreements In The Securities Industry, William Alan Nelson Ii

William Alan Nelson II

The pervasive use of mandatory pre-dispute arbitration agreements in the securities industry is a relatively new phenomenon. However, research reflects that an overwhelming majority of retail brokerage and investment advisory agreements include language requiring that all disputes between the customer and the broker-dealer / investment adviser be resolved through arbitration – most often with Financial Industry Regulatory Authority (FINRA) Dispute Resolution. Thus, only in rare instances can an investor open either a brokerage or investment advisory account without agreeing to submit to mandatory pre-dispute arbitration.

The enclosed article is the first to focus on the fairness of mandatory pre-dispute arbitration agreements through ...


Harmonizing Third-Party Litigation Funding Regulation, Victoria A. Shannon 2015 Washington and Lee University School of Law

Harmonizing Third-Party Litigation Funding Regulation, Victoria A. Shannon

Victoria Shannon

Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet, many observers still consider the third-party litigation funding industry as a "wild west" due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This article proposes harmonizing the regulatory framework for third-party ...


The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello 2014 SelectedWorks

The Internet Is The New Public Forum: Why Riley V. California Supports Net Neutrality, Adam Lamparello

Adam Lamparello

Technology has ushered civil liberties into the virtual world, and the law must adapt by providing legal protections to individuals who speak, assemble, and associate in that world. The original purposes of the First Amendment, which from time immemorial have protected civil liberties and preserved the free, open, and robust exchange of information, support net neutrality. After all, laws or practices that violate cherished freedoms in the physical world also violate those freedoms in the virtual world. The battle over net neutrality is “is absolutely the First Amendment issue of our time,” just as warrantless searches of cell phones were ...


Houson Putnam Lowry, Critical Sourcebook Annotated: International Commercial Law And Arbitration (Little, Brown & Co., Boston; Toronto; London, 1991), Pp. Xxvi + 532, Carol A. Watson 2014 University of Georgia School of Law

Houson Putnam Lowry, Critical Sourcebook Annotated: International Commercial Law And Arbitration (Little, Brown & Co., Boston; Toronto; London, 1991), Pp. Xxvi + 532, Carol A. Watson

Georgia Journal of International & Comparative Law

No abstract provided.


Enforcement Of Arbitration Agreements: The Severability Doctrine In The International Arena - Republic Of Nicaragua V. Standard Fruit Co., 927 F.2d 469 (9th Cir. 1991)., Jennifer Bagwell 2014 University of Georgia School of Law

Enforcement Of Arbitration Agreements: The Severability Doctrine In The International Arena - Republic Of Nicaragua V. Standard Fruit Co., 927 F.2d 469 (9th Cir. 1991)., Jennifer Bagwell

Georgia Journal of International & Comparative Law

No abstract provided.


The Growing Role Of Customized Consent In International Commercial Arbitration, Christofer Coakley 2014 University of Georgia School of Law

The Growing Role Of Customized Consent In International Commercial Arbitration, Christofer Coakley

Georgia Journal of International & Comparative Law

No abstract provided.


The Litigation Budget, Jay Tidmarsh 2014 Notre Dame Law School

The Litigation Budget, Jay Tidmarsh

Jay Tidmarsh

Because of fears that litigation is too costly, reduction of litigation expenses has been the touchstone of procedural reform for the past thirty years. In certain circumstances, however, the parties have incentives—both rational and irrational—to spend more on a lawsuit than the social benefits that the case provides. Present and proposed reform efforts do not adequately address these incentives, and in some instances exacerbate the parties’ incentives to overspend. The best way to ensure that the cost of a lawsuit does not exceed the benefits that it provides to the parties and society is to control spending directly ...


How Does The European Union Solve Crises - With Solutions Or By Avoidance? A Study Of The "Mad Cow Disease" Crisis, Salmeh K. Fodor 2014 University of Georgia School of Law

How Does The European Union Solve Crises - With Solutions Or By Avoidance? A Study Of The "Mad Cow Disease" Crisis, Salmeh K. Fodor

Georgia Journal of International & Comparative Law

No abstract provided.


The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht 2014 University of Georgia School of Law

The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht

Georgia Journal of International & Comparative Law

No abstract provided.


The Issuance Of Interim Measures In International Disputes: A Proposal Requiring A Reasonable Possibility Of Success On The Underlying Merits, Jarrod Wong 2014 University of Georgia School of Law

The Issuance Of Interim Measures In International Disputes: A Proposal Requiring A Reasonable Possibility Of Success On The Underlying Merits, Jarrod Wong

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law

Book Review: “The Good Lawyer: Seeking Quality In The Practice Of Law”, Linda H. Edwards

Scholarly Works

In their first collaboration, The Happy Lawyer, the writing team of Nancy Levit and Doug Linder tackled a crucially important subject: how to have a happy life in the law. As part of that project, they interviewed more than two hundred lawyers about what makes them happy in their jobs. Levit and Linder noticed that happy lawyers nearly always talked about doing good work. Curious about the connection, the authors turned to recent research in neuroscience and learned, not to their surprise, that a key to a happy life is, indeed, the sense of doing good work. It is our ...


C-Drum News, Fall 2014, 2014 University of Maryland Francis King Carey School of Law

C-Drum News, Fall 2014

The C-DRUM News

No abstract provided.


The Evolution And Decline Of The Effective-Vindication Doctrine In U.S. Arbitration Law, Okezie Chukwumerije 2014 Pepperdine University

The Evolution And Decline Of The Effective-Vindication Doctrine In U.S. Arbitration Law, Okezie Chukwumerije

Pepperdine Dispute Resolution Law Journal

This article offers information on the history, significance and role of the effective-vindication doctrine in U.S. arbitration law in promoting access to justice. It analyzes the significance of broad policy implications regarding the interpretation of the Federal Arbitration Act (FAA) by the Court facilitating the arbitration of commercial disputes and protecting the statutory rights of consumers in the context of the U.S. Supreme Court's decision in Green Tree Financial Corp. v. Randolph.


Valuation Standards For Calculating Icsid Awards, Jason Pan 2014 Pepperdine University

Valuation Standards For Calculating Icsid Awards, Jason Pan

Pepperdine Dispute Resolution Law Journal

This article offers information on the history, development and significance of International Centre for Settlement of Investment Disputes (ICSID) and its approach to award valuation. It analyzes the challenges of implementing the International Valuation Standards Council (IVSC) valuation standards for calculation of awards during ICSID arbitrations for valuation of property.


Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield 2014 Pepperdine University

Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield

Pepperdine Dispute Resolution Law Journal

The article offers information on the history, development and significance of international arbitration in India. It analyzes the decision of the Indian Supreme Court in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., which marks the era of major changes in Indian law regarding international arbitration. It mentions that development of Indian arbitration law enhances global standards and attitudes toward international dispute resolution in India.


Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance 2014 Pepperdine University

Blending The Law, The Individual, And Traditional Values To Create An Effective Adr System: A Study On The Adr Processes In Rwanda And Nicaragua, Sarah Yance

Pepperdine Dispute Resolution Law Journal

This article offers information on the history, development and significance of the adoption and implementation of the alternative dispute resolution (ADR) techniques in Nicaragua and Rwanda. The ADR system addresses the issues of women and children suffering from domestic abuse and from the repercussions of the Rwandan Genocide and helps in rebuilding and restoring traditional values of family and community in the context of human rights.


Luck V. Justice: Consent Intervenes, But For Whom?, Jennifer W. Reynolds 2014 Pepperdine University

Luck V. Justice: Consent Intervenes, But For Whom?, Jennifer W. Reynolds

Pepperdine Dispute Resolution Law Journal

Consent in civil settlements should improve access to and delivery of justice by making luck (chance, contingencies, arbitrariness) less significant in process and outcomes. Consent-based processes and private settlement are supposed to support justice by redistributing decision-making power away from judicial-coercive authorities to the people most affected by the dispute. But consent today has become little more than a pro forma process lever for bypassing regulation, litigation, and other more formal structures. No longer does consent serve as a reliable bulwark against luck distortions and arbitrariness in legal systems. Opening shrink-wrap (consent to arbitrate!), being shunted into compulsory mediation (consent ...


A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp 2014 Pepperdine University

A Tightrope Over Both Your Houses: Ensuring Party Participation And Preserving Mediation's Core Values In Foreclosure Mediation, Heather Scheiwe Kulp

Pepperdine Dispute Resolution Law Journal

The article focuses on the laws made for regulating the party's participation in preserving the principles of mediation for the resolution of disputes related to the foreclosure crisis. Topics discussed include the impact of the foreclosure crisis on the housing and domestic markets, the impact of foreclosures on the sales and price value of the houses and the impact of the foreclosure crisis on the economic conditions of the local communities.


Circles Of Trust: Using Restorative Justice To Repair Organizations Marred By Sex Abuse, Meredith C. Doyle 2014 Pepperdine University

Circles Of Trust: Using Restorative Justice To Repair Organizations Marred By Sex Abuse, Meredith C. Doyle

Pepperdine Dispute Resolution Law Journal

This article focuses on the role of restorative justice in repairing the sexual abuse cases of organizations like schools and churches. Topics discussed include efforts of the community members and institution leaders in the prevention of sexual victimization, the role of public apology and restorative justice in restoring the community faith and the role of the criminal justice system in protecting the victims of sexual abuse.


The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns 2014 Pepperdine University

The Use Of Mediation To Settle Prisoner Grievances In Federal Court, Michelle Burns

Pepperdine Dispute Resolution Law Journal

This article discusses the importance of mediation and mediation-like alternative dispute resolution (ADR) methods used by the U.S. federal district courts to settle prisoner litigation claims. Topics discussed include laws made for the prisoners for filing their claims in the Federal District Courts under Section 1983, the role of ADR in resolving prisoner grievances and the role of ADR in settling the disputes related to prisoner civil rights.


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