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Articles 1 - 18 of 18
Full-Text Articles in Law
The Judicial Grassroots Of The "Arbitration Revolution", Tamar Meshel
The Judicial Grassroots Of The "Arbitration Revolution", Tamar Meshel
William & Mary Business Law Review
The “arbitration revolution”—the meteoric rise in the use of arbitration in the United States—is commonly imputed to the Supreme Court’s unilateral and ideologically driven expansion of the Federal Arbitration Act (FAA). The portrayal of the FAA’s evolution as a campaign launched by a Supreme Court that is out of touch with society and with the judicial system over which it presides usefully serves to delegitimize both this one-hundred year-old statute and arbitration more generally. This Article argues that the popular description of the Supreme Court as the sole instigator of the “arbitration revolution” is misleading because it conveniently ignores a …
The Effect Of The Dodd-Frank Act On Arbitration Agreements: A Proposal For Consumer Choice, Catherine Moore
The Effect Of The Dodd-Frank Act On Arbitration Agreements: A Proposal For Consumer Choice, Catherine Moore
Pepperdine Dispute Resolution Law Journal
The article presents information on the security in the markets and the regulatory reform as passed by the U.S. Congress. The impact of recession on the American economy and the destruction of public and private wealth are considered. The enactment of Dodd Frank Wall Street Reform and Consumer Protection Act and the executive compensations are discussed. The case law related to arbitration of disputes related to security and the need of law reform is also discussed.
Beyond Nondiscrimination: At&T Mobility Llc V. Concepcion And The Further Federalization Of U.S. Arbitration Law, Edward P. Boyle, David N. Cinotti
Beyond Nondiscrimination: At&T Mobility Llc V. Concepcion And The Further Federalization Of U.S. Arbitration Law, Edward P. Boyle, David N. Cinotti
Pepperdine Dispute Resolution Law Journal
The article presents information on the court case of AT&T Mobility LLC v. Concepcion that was decided by the U.S. Supreme Court and which questioned the preemption of state law and the Federal Arbitration Act related to the enforcement of arbitration agreement. The unconscionability doctrine, the case law related to arbitration and the contract law is discussed. The interpretation of arbitration law is also discussed.
When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells
When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells
Pepperdine Dispute Resolution Law Journal
The article focuses on the awards and arbitration of the resolution of the international commercial disputes with respect to the cross-border contracts and agreements. The enactment of the McCarran-Ferguson Act of the U.S. was for the prevention of the general applicability of the federal legislation in the authority of the states for the purpose of regulating the insurance industry. Information on the decision of the Supreme Court of the U.S. regarding this issue is also presented.
What Finra Can Learn From Major League Baseball, Ben Einbinder
What Finra Can Learn From Major League Baseball, Ben Einbinder
Pepperdine Dispute Resolution Law Journal
The article presents information on the arbitration system formed by the Financial Industry Regulatory Authority (FINRA) with respect to the arbitration under the employment disputes in the financial industry. The arbitration models created by FINRA examine the disputes in the securities industry. Information on the impact of the Major League Baseball and its works on the employment disputes are also presented.
Is There A Stare Decisis Doctrine In The Court Of Arbitration For Sport? An Analysis Of Published Awards For Anti-Doping Disputes In Track And Field, Annie Bersagel
Pepperdine Dispute Resolution Law Journal
The article presents information on the doctrine of the stare decisis under the court of arbitration for sport with respect to the awards and arbitration for the disputes on anti-doping in the sport of track and field. The jurisdiction of the commercial and the disciplinary disputes of the Olympic Games are exercised by the court of arbitration for sport. Information on the role of the doctrine of the civil law is also presented.
Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration , John P. Cleary
Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration , John P. Cleary
Pepperdine Law Review
No abstract provided.
Preemption: The United States Arbitration Act, The Manifest Disregard Of The Law Test For Vacating An Arbitration Award, And State Courts, Paul Turner
Pepperdine Law Review
No abstract provided.
A Defense Of Dissents In Investment Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra
A Defense Of Dissents In Investment Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra
University of Miami Inter-American Law Review
No abstract provided.
The Applicability Of Arbitration In The Americas: An Avant-Garde Approach To The Panama Convention, Elizabeth A. Briggs
The Applicability Of Arbitration In The Americas: An Avant-Garde Approach To The Panama Convention, Elizabeth A. Briggs
University of Miami Inter-American Law Review
No abstract provided.
“Waiving” Goodbye To Arbitration: A Contractual Approach, Paul Bennett Iv
“Waiving” Goodbye To Arbitration: A Contractual Approach, Paul Bennett Iv
Washington and Lee Law Review
No abstract provided.
Conflicts Of Interest And Disclosures: Are We Making A Mountain Out Of A Molehill, David Allen Larson
Conflicts Of Interest And Disclosures: Are We Making A Mountain Out Of A Molehill, David Allen Larson
Faculty Scholarship
The ethical standards governing conflicts of interest disclosure requirements for arbitrators and mediators are numerous and varied. In spite of the considerable attention that conflict of interest questions attract, both the extent to which an arbitrator must disclose past, present, and potential conflicts of interest and the consequences of a failure to make an appropriate disclosure remain unclear. This article examines disclosure requirements themselves, as well as the sanctions and penalties that may result from a failure to disclose information concerning a neutral's impartiality. Particular attention is paid to what generally is regarded as the most extreme consequence of failure; …
Federal Arbitration Act Preemption, Christopher R. Drahozal
Federal Arbitration Act Preemption, Christopher R. Drahozal
Indiana Law Journal
No abstract provided.
The Use Of Arbitration By Federal Agencies To Solve Environmental Disputes: All Wrapped Up In Red Tape, Sarah B. Belter
The Use Of Arbitration By Federal Agencies To Solve Environmental Disputes: All Wrapped Up In Red Tape, Sarah B. Belter
University of Miami Law Review
No abstract provided.
How Important Is A Title? An Examination Of The Private Law Created By The Motion Picture Association Of America, Edward Robert Mccarthy
How Important Is A Title? An Examination Of The Private Law Created By The Motion Picture Association Of America, Edward Robert Mccarthy
University of Miami Law Review
No abstract provided.
Arbitration Of Securities Disputes: Rodriguez And New Arbitration Rules Leave Investors Holding A Mixed Bag, William C. Hermann
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
Rethinking American Arbitration, Thomas J. Stipanowich
Indiana Law Journal
No abstract provided.
Editor's Preface, Jeffrey A. Markowitz