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Articles 1 - 12 of 12
Full-Text Articles in Law
Arbitrating Estoppel: Equitable Estoppel In Arbitration Contracts, Nicholas Oleski
Arbitrating Estoppel: Equitable Estoppel In Arbitration Contracts, Nicholas Oleski
Cleveland State Law Review
The Sixth Circuit and the district courts within the circuit have held that non-signatories to arbitration contracts may be compelled to arbitrate under the Federal Arbitration Act—even though they are not signatories to the arbitration contract. These courts reason that the non-signatories must arbitrate their claims because of an equitable estoppel theory. Although the Federal Arbitration Act displaces most state law regarding arbitration, the Supreme Court has held that federal courts must use state contract law to determine who is bound by an arbitration contract. This Note examines state contract law in the Sixth Circuit on equitable estoppel and concludes …
End Of An Error: Replacing Manifest Disregard With A New Framework For Reviewing Arbitration Awards, The, Kenneth R. Davis
End Of An Error: Replacing Manifest Disregard With A New Framework For Reviewing Arbitration Awards, The, Kenneth R. Davis
Cleveland State Law Review
Guided by the purposes of the FAA, its legislative history, and the role of commercial arbitration in modern society, this Article proposes a new framework for the judicial review of arbitration awards. Awards deciding federal statutory rights such as those conferred by securities law and civil rights law should be reviewed for errors of law. As recognized in Wilko and McMahon, federal rights deserve protection, even in arbitration. There is one other type of award that requires judicial correction. Despite the statements in Hall Street and Concepcion that the FAA provides the exclusive grounds for vacatur, the courts must correct …
Revolution In Law Through Arbitration, The Eighty-Fourth Cleveland-Marshall Fund Visiting Scholar Lecture , Thomas E. Carbonneau
Revolution In Law Through Arbitration, The Eighty-Fourth Cleveland-Marshall Fund Visiting Scholar Lecture , Thomas E. Carbonneau
Cleveland State Law Review
My subject is arbitration. I explore how its re-emergence during the last forty years has revolutionized the thinking about, and the practice of, law. The development of a "strong federal policy favoring arbitration" cast aside traditional acceptations about law and adjudication. The rule of law-the human civilization associated with law and the legal process-has been profoundly, perhaps irretrievably, altered by the rise of arbitration. The landmark cases in labor and employment arbitration-Alexander v. Gardner-Denver Company (the "old time religion") and Gilmer v. Interstate/Johnson Lane Corporation (the "new age"thinking)-attest to the enormous distance that separates past and present concepts of legal …
Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow
Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow
Cleveland State Law Review
The adversarial process serves its purpose in our society; however, that does not mean that there are not better ways to handle specific cases. To that end, nonadversarial systems offer tremendous potential in civil litigation, in governmental relations, in neighborhood and family conflicts, and, especially, in divorce child custody cases. If mediation statutes are contemplated for the sole purpose of judicial economy, discretionary statutes are sufficient. For the true value of mediation to be experienced, however, a mandatory scheme containing safeguards for cases involving domestic violence should be implemented.Understandably, many mediators are leery of the effect that mandatory schemes have …
Fundamental Misconceptions About Mediation Advocacy, Richard M. Markus
Fundamental Misconceptions About Mediation Advocacy, Richard M. Markus
Cleveland State Law Review
This article discusses the need for mediation courses in law school. It begins by describing the initial resistance to implementing trial advocacy courses, and how that area eventually grew into its current prolific state. The article then moves to the need for more mediation courses, as well as why mediation should be used more frequently in dispute resolution generally. Next, the author discusses and corrects the primary misconceptions about litigation mediation, including: 1) mediation advocacy is much like trial advocacy, 2) all mediations are substantially the same, 3) mediations are desirable whenever they occur in the resolution process, 4) mediation …
The Effectiveness Of Involuntary Dissolution Suits As A Remedy For Close Corporation Dissension, Harry J. Haynsworth
The Effectiveness Of Involuntary Dissolution Suits As A Remedy For Close Corporation Dissension, Harry J. Haynsworth
Cleveland State Law Review
Intra-corporate dissension between shareholders in a close corporation that can lead to serious deadlock, corporate paralysis and attempted squeeze-outs or other oppressive action is well documented. The purpose of this article is to discuss the available remedies for dealing with this dissension, placing particular emphasis on involuntary dissolution suits, since historically such suits have been the most common litigation remedy used by aggrieved shareholders. The basic conclusion reached is that for the most part judges have done a commendable job of balancing the expectation interests of minority shareholders against the inherent voting and management rights of majority shareholders, and of …
Reflections On The Adr Movement, Robben W. Fleming
Reflections On The Adr Movement, Robben W. Fleming
Cleveland State Law Review
ADR, the acronym that identifies the alternative dispute resolution movement, derives its current popularity from widespread dissatisfaction with the present system of justice. Thus, ADR both proposes and promotes "alternative" ways of dealing with disputes which would otherwise be the subject of litigation. In truth, there is nothing very new about the criticism directed at the legal profession, the courts, and the adjudicatory systems in general. The alternatives which have been suggested over the years are very similar. All of the alternatives lie along an axis which starts with efforts to bring about voluntary agreement by the parties and ends, …
History Of Arbitration Practice And Law, Frank D. Emerson
History Of Arbitration Practice And Law, Frank D. Emerson
Cleveland State Law Review
Long before laws were established, or courts were organized, or judges formulated principles of law, men had resorted to arbitration for the resolving of discord, the adjustment of differences, and the settlement of disputes. It is important to recall the early uses of arbitration at this time when, in the midst of a rising tide of controversy, doubts arise. Arbitration is sometimes thought to be something new, untried, and hazardous to good public relations; or its organization seems to be detrimental to judicial institutions that seem older, but are in reality next-of-kin.
Arbitration, Statute Of Limitations, And Uninsured Motorist Endorsements, Leona M. Hudak
Arbitration, Statute Of Limitations, And Uninsured Motorist Endorsements, Leona M. Hudak
Cleveland State Law Review
Except in California, uninsured motorist statutes do not provide for any specified period within which the injured must file his damages. The uninsured motorist coverage clauses in policies have likewise been silent on the subject .A controversy has arisen as to whether the (usually) shorter negligence (tort) statute of limitations or the longer contract time limit governs. The controversy can be readily resolved: either the insurers express a specific time period in their uninsured motorist endorsements within which their injured insureds must file their complaints; or state legislatures should amend their uninsured motorist coverage statutes to contain such express provision, …
Arbitration As A Remedy In Labor Disputes, William F. Powers
Arbitration As A Remedy In Labor Disputes, William F. Powers
Cleveland State Law Review
The object of arbitration is the final disposition of the dispute in a non-technical, less expensive and more expeditious manner, by persons having expertise in labor management relations. Labor arbitration should not be categorized as a substitute for litigation.
Interstate Enforcement Of Arbitration Awards And Judgments, A. M. Stanger
Interstate Enforcement Of Arbitration Awards And Judgments, A. M. Stanger
Cleveland State Law Review
In Arbitration, if completed, results in an award. That award must be enforced. In order to do so, it is necessary to enter judgment with respect thereto. The first problem is the acquisition of personal jurisdiction over the defendant for this purpose, in the event that it has not already been acquired previously in connection with proceedings to compel arbitration. The subject of acquiring jurisdiction will not be dealt with in this note because it does not differ too much from the general problems of acquiring jurisdiction in personam with respect to proceedings to compel jurisdiction. We shall therefore be …
Negotiation Principles: In Law Or World Affairs, Charles P. Taft
Negotiation Principles: In Law Or World Affairs, Charles P. Taft
Cleveland State Law Review
Negotiation should be part of every law school curriculum-as a required course. Every lawyer soon learns, in active practice, how important it is. There are certain principles of sound negotiation (or "dickering," in colloquial speech) that every lawyer should know-or anyone engaged in any profession, business or enterprise, for that matter. These principles apply almost exactly alike to a negotiation involving a legal action or to one involving national or international frictions-to settlement of a personal injury claim, or a dispute between the United States and Russia.