Law Commons^™

Classifying Systems Of Constitutional Review: A Context-Specific Analysis, Samantha Lalisan

Indiana Journal of Constitutional Design

Modern constitutional drafters and advisors increasingly use judicial review classifications and the current model for classification does not accurately capture constitutional review in Latin America. This paper proposes context-specific classification that can accurately capture constitutional review in the Latin American region. Specifically, this paper argues that the context-specific analysis suggests that the more salient point of classification in Latin America is that of access mechanisms to constitutional courts. As such, the paper proceeds in four parts: Part I examines the traditional model of classification in Europe and focuses on the Spanish and German direct access mechanisms. Part II explores the …

We Are All Farkhunda: An Examination Of The Treatment Of Women Within Afghanistan's Formal Legal System, Ashley Lenderman

Indiana Journal of Constitutional Design

In this paper, I will examine three cases of violence against women that went through the Afghan formal legal system: the case of Farkhunda, the Paghman district gang rape case, and the case of Sahar Gul. In the first Part, I will discuss the formal legal system framework on which the cases are based. In the second Part, I will discuss the cases in detail. In the third Part, I will describe neo-liberal, reformist, and neo-fundamentalist approaches to interpretation of Islamic law, and I will then draw out pieces of the decisions from the three cases that closely match these …

The Fate Of Armed Resistance Groups After Peace, David C. Williams

Indiana Journal of Constitutional Design

No abstract provided.

Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?, Hiro N. Aragaki

Indiana Law Journal

In recent years, the U.S. Supreme Court has helped transform arbitration law into a radical private-ordering regime in which freedom of contract has come to eclipse public regulation. Arbitration jurisprudence justifies this transformation in part on a profound and longstanding commitment to the ideal of individual autonomy, understood as the freedom—lacking in litigation—to select a disputing process best suited to one’s needs.

In this Article, I question the cogency of this justification. I argue, first, that autonomy has had different and sometimes conflicting meanings even within arbitration jurisprudence. Second, depending on the meaning one ascribes to autonomy, it is at …

Mandatory Process, Matthew J.B. Lawrence

Indiana Law Journal

This Article suggests that people tend to undervalue their procedural rights—their proverbial “day in court”—until they are actually involved in a dispute. The Article argues that the inherent, outcome-independent value of participating in a dispute resolution process comes largely from its power to soothe a person’s grievance— their perception of unfairness and accompanying negative emotional reaction—win or lose. But a tendency to assume unchanging emotional states, known in behavioral economics as projection bias, can prevent people from anticipating that they might become aggrieved and from appreciating the grievance-soothing power of process. When this happens, people will waive their procedural rights …

The Irony Of At&T V. Concepcion, Colin P. Marks

Indiana Law Journal

This Essay explores the possible dual readings of Concepcion in light of the FAA and its interpretation, including Supreme Court precedents. This Essay concludes that though there is support for interpreting the Concepcion decision narrowly, it is more likely that a broader interpretation was intended, but the metes and bounds of this opinion have yet to be explored. Nonetheless, under this broad interpretation, the effect on consumers will be to discourage individuals from seeking redress for their claims. Indeed, the decision may actually encourage businesses to breach contractual obligations with impunity when the individual sums owed are too small to …

Reading Ricci And Pyett To Provide Racial Justice Through Union Arbitration, Michael Z. Green

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana

Claim-Suppressing Arbitration: The New Rules, David S. Schwartz

Indiana Law Journal

Binding, pre-dispute arbitration imposed on the weaker party in an adhesion contract—so-called “mandatory arbitration”—should be recognized for what it truly is: claim-suppressing arbitration. Arguments that such arbitration processes promote access to dispute resolution have been refuted and should not continue to be made without credible empirical support. Drafters of such arbitration clauses are motivated to reduce their liability exposure and, in particular, to eliminate class claims against themselves. Furthermore, claim-suppressing arbitration violates two fundamental principles of due process: it allows one party to the dispute to make the disputing rules; and it gives the adjudicative role to a decision maker …

The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.

Employment Arbitration 2011: A Realist View, Laura J. Cooper

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana.

International Rule Of Law And Constitutional Justice In International Investment Law And Arbitration, Ernst-Ulrich Petersmann

Indiana Journal of Global Legal Studies

Judicial administration of justice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of constitutional justice. The principles of procedural justice underlying investor-state arbitration remain controversial, especially if confidentiality and party autonomy governing commercial arbitration risk neglecting adversely affected third parties and public interests. There are also concerns that rule-following and formal equality of foreign investors and home states may not ensure substantive justice in the settlement of investment disputes unless arbitrators and courts take more seriously their customary law obligation of settling disputes in conformity with human rights obligations of governments and …

The Failure Of Adversarial Process In The Administrative State, Bryan T. Camp

Indiana Law Journal

No abstract provided.

Independent Adjudication, Political Process, And The State Of Labor-Management Relations: The Role Of The National Labor Relations Board, William B. Gould Iv

Indiana Law Journal

William R. Stewart Lecture given at Indiana University School of Law-Bloomington on October 31, 2006.

Federal Arbitration Act Preemption, Christopher R. Drahozal

Indiana Law Journal

No abstract provided.

Checks On Participant Conduct In Compulsory Adr: Reconciling The Tension In The Need For Good-Faith Participation, Autonomy, And Confidentiality, Maureen A. Weston

Indiana Law Journal

No abstract provided.

The Best Laid Plans: How Unrestrained Arbitration Decisions Have Corrupted The Uniform Domain Name Dispute Resolution Policy, Ian L. Stewart

Federal Communications Law Journal

In the rapidly changing Internet age, a sound dispute resolution policy is needed to address conflict where traditional rights intersect emerging technologies. This Note examines how unfettered arbitration decisions, even those made with the best of intentions, can corrupt a good dispute resolution policy, as is the case with the Uniform Domain Name Dispute Resolution Policy. The Note provides background information on ICANN, domain disputes regarding cybersquatting and reverse domain hijacking, and the Policy. It then explains how ICANN’s dispute resolution providers’ expansive decisions have weakened the Policy by removing the internal limitations that made it strong and effective. Finally, …

The Changing Role Of Labor Arbitration, Theodore J. St. Antoine

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

Mandatory Arbitration Of Statutory Claims In The Union Workplace After Wright V. Universal Maritime Service Corp., Daniel Roy

Indiana Law Journal

No abstract provided.

Lawyer's Agenda For Understanding Alternative Dispute Resolution, Edwin H. Greenebaum

Indiana Law Journal

No abstract provided.

Union Representation Election Reform: Equal Access And The Excelsior Rule, Randall J. White

Indiana Law Journal

No abstract provided.

Arbitration Of Securities Disputes: Rodriguez And New Arbitration Rules Leave Investors Holding A Mixed Bag, William C. Hermann

Indiana Law Journal

No abstract provided.

Rethinking American Arbitration, Thomas J. Stipanowich

Indiana Law Journal

No abstract provided.

Protecting The Parties' Bargain After Misco: Court Review Of Labor Arbitration Awards, Douglas E. Ray

Indiana Law Journal

No abstract provided.

Cyprus And The U.N.: A Case For Non-Military Collective Measures, Christina K. Navarro

Indiana Law Journal

No abstract provided.

The Right To Engage In Concerted Activity After, Union Recognition: A Study Of Legislative History, Staughton Lynd

Indiana Law Journal

No abstract provided.

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Doyle Mcallister

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Richard J. Darko

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Leland B. Cross Jr.

Indiana Law Journal

Symposium: A Year of Teacher Bargaining In Indiana

Bargaining And Discussion-Is It A Happy Marriage?, Barbara W. Doering

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Robert W. Rund

Indiana Law Journal

Symposium: A Year of Teacher Bargaining In Indiana