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Full-Text Articles in Law
"What We Lose In Sales, We Make Up In Volume": The Faulty Logic Of The Financial Services Industry's Response To The Consumer Financial Protection Bureau's Proposed Rule Prohibiting Class Action Bans In Arbitration Clauses, Richard Frankel
St. Mary's Law Journal
Abstract forthcoming.
Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis
Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis
West Virginia Law Review
No abstract provided.
Eliminating The Mandatory Trade-Off: Should Employees Have The Right To Choose Arbitration ?, Michael Peabody
Eliminating The Mandatory Trade-Off: Should Employees Have The Right To Choose Arbitration ?, Michael Peabody
Pepperdine Dispute Resolution Law Journal
As more employers include mandatory arbitration provisions in their employment contracts, policy-makers are becoming concerned that employees are being forced to trade their civil and statutory rights for their jobs. The California Legislature is considering legislation designed to combat this tendency and to provide legal protection for employees who might otherwise be forced to waive the right for redress of grievances, legal protections against discrimination, and other rights. Although the legislation was designed to protect the constitutional rights of employees, there are legal considerations and policy concerns that challenge the viability of this type of legislation. The primary question is …
Medical Malpractice Arbitration In The New Millennium: Much Ado About Nothing ?, Ann H. Nevers
Medical Malpractice Arbitration In The New Millennium: Much Ado About Nothing ?, Ann H. Nevers
Pepperdine Dispute Resolution Law Journal
This paper reviews the constitutional issues surrounding medical malpractice arbitration clauses and the implementation of arbitration contracts, and the existing medical malpractice process. Federal preemption issues under the Federal Arbitration Act, enterprise liability and ERISA preemption, and cybermalpractice will be discussed. Finally, dispute resolution industry standards implemented by the American Arbitration Association and American Health Lawyers Association will be reviewed as well as current medical malpractice mediation practices in industry. While the past has shown that arbitration has not been used a great deal future trends may increase use. Emerging medical malpractice arbitration issues arising in the new millennium include …
Looking Into A Crystal Ball: Courts' Inevitable Refusal To Enforce Parties' Contracts To Expand Judicial Review Of Non-Domestic Arbitral Awards, Eric Chafetz
Pepperdine Dispute Resolution Law Journal
This article will first discuss the legislative history of the NY Convention in general and the history of its vacatur provisions in particular. Second, it will summarize certain federal court decisions that address the Expansion Issues and reach the Consensus. Third, it will argue that the Expansion Issues were resolved incorrectly, because the courts addressing them do not recognize how the operative/material language in section 207 of Ch. 2 of the FAA and section 9 of Ch. 129 of the FAA has a virtually identical meaning, and therefore should have been construed and applied in the same manner. Fourth, this …
Arbitration Of Employer Violations Of The West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching And Continue Its Pursuit Of Bliss, Nicholas S. Johnson
Arbitration Of Employer Violations Of The West Virginia Human Rights Act: West Virginia Should Make Like Ants Marching And Continue Its Pursuit Of Bliss, Nicholas S. Johnson
West Virginia Law Review
No abstract provided.
The Arbitrability Of Side And Settlement Agreements In The Collective Bargaining Context, Richard A. Bales
The Arbitrability Of Side And Settlement Agreements In The Collective Bargaining Context, Richard A. Bales
West Virginia Law Review
No abstract provided.
Reclaiming The "Creatures Of The State": Contracting For Child Custody Decisionmaking In The Best Interests Of The Family, E. Gary Spitko
Reclaiming The "Creatures Of The State": Contracting For Child Custody Decisionmaking In The Best Interests Of The Family, E. Gary Spitko
Washington and Lee Law Review
No abstract provided.
Contracts - Illegality - Effect Of Partial Illegality
Contracts - Illegality - Effect Of Partial Illegality
Michigan Law Review
It has long been accepted that the illegality of part of a contract does not necessarily make the entire contract unenforceable. However, it is difficult to predict in a given case whether or not the court will hold that recovery may be had upon the lawful part of the contract. It is often said that such recovery will be allowed when the illegal portion of the contract can be clearly separated from the lawful part, but .even when stated in such broad terms - so broad in fact that it is of little help in solving the problem - the …