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Dispute Resolution and Arbitration Commons

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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 ...


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.


Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. McLaughlin 2014 University of Georgia School of Law

Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. Mclaughlin

Georgia Journal of International & Comparative Law

No abstract provided.


Creditor Participation In The Hipc Debt Relief Initiatives: The Case Of Guyana, Magnus Saxegaard 2014 University of Georgia School of Law

Creditor Participation In The Hipc Debt Relief Initiatives: The Case Of Guyana, Magnus Saxegaard

Georgia Journal of International & Comparative Law

No abstract provided.


Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan 2014 University of Georgia School of Law

Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan

Georgia Journal of International & Comparative Law

No abstract provided.


Comment On The Guyana-Suriname Boundary Dispute, Honourable Doodnauth Singh 2014 University of Georgia School of Law

Comment On The Guyana-Suriname Boundary Dispute, Honourable Doodnauth Singh

Georgia Journal of International & Comparative Law

No abstract provided.


Exploring The Limits Of International Human Rights Law, Margaret E. McGuinness 2014 University of Georgia School of Law

Exploring The Limits Of International Human Rights Law, Margaret E. Mcguinness

Georgia Journal of International & Comparative Law

No abstract provided.


Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu 2014 University of Georgia School of Law

Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Precedents In The Federal Judiciary: The Case Of The World Trade Organization's Dsb Decisions, James Thuo Gathii 2014 University of Georgia School of Law

Foreign Precedents In The Federal Judiciary: The Case Of The World Trade Organization's Dsb Decisions, James Thuo Gathii

Georgia Journal of International & Comparative Law

No abstract provided.


All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez 2014 University of Georgia School of Law

All In The Family: The Influence Of Social Networks On Dispute Processing (A Case Study Of A Developing Economy), Manuel A. Gómez

Georgia Journal of International & Comparative Law

No abstract provided.


Ready Or Not, Here Comes Dr-Cafta: Comparing The Right Of Association In Mexico, Guatemala, And El Salvador, Laura Glass-Hess 2014 University of Georgia School of Law

Ready Or Not, Here Comes Dr-Cafta: Comparing The Right Of Association In Mexico, Guatemala, And El Salvador, Laura Glass-Hess

Georgia Journal of International & Comparative Law

No abstract provided.


Unesco Documents And Procedure: The Need To Account For Political Conflict When Designating World Heritage Sites, Allan Galis 2014 University of Georgia School of Law

Unesco Documents And Procedure: The Need To Account For Political Conflict When Designating World Heritage Sites, Allan Galis

Georgia Journal of International & Comparative Law

No abstract provided.


Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston 2014 University of Georgia School of Law

Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston

Georgia Journal of International & Comparative Law

No abstract provided.


Discerning The Compliance Calculus: Why States Comply With International Investment Law, Christopher M. Ryan 2014 University of Georgia School of Law

Discerning The Compliance Calculus: Why States Comply With International Investment Law, Christopher M. Ryan

Georgia Journal of International & Comparative Law

No abstract provided.


The Icsid Convention: Origins And Transformation, Andreas F. Lowenfeld 2014 University of Georgia School of Law

The Icsid Convention: Origins And Transformation, Andreas F. Lowenfeld

Georgia Journal of International & Comparative Law

No abstract provided.


The New York Convention After Fifty Years: Some Reflections On The Role Of National Law, Linda Silberman 2014 University of Georgia School of Law

The New York Convention After Fifty Years: Some Reflections On The Role Of National Law, Linda Silberman

Georgia Journal of International & Comparative Law

No abstract provided.


Keynote Address: Arbitration And The Freedom To Associate, Gary B. Born 2014 University of Georgia School of Law

Keynote Address: Arbitration And The Freedom To Associate, Gary B. Born

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge 2014 University of Georgia School of Law

Introduction: The Constitutional Law Of International Commercial Arbitration, Peter B. Rutledge

Georgia Journal of International & Comparative Law

No abstract provided.


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