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Full-Text Articles in Law
Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley
Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley
Maryland Law Review
No abstract provided.
A Case Against Collaboration, Rachel Rebouché
A Case Against Collaboration, Rachel Rebouché
Maryland Law Review
In family law, as in other legal disciplines, the use of alternative dispute resolution has dramatically increased. In a process called collaborative divorce, separating spouses hire attorneys who agree to work together—almost entirely outside of the court system—to reach a settlement ending the marriage. A team of experts, including mental health professionals, financial neutrals, and parenting coordinators, helps the parties resolve conflicts and settle property, support, and custody disputes. For divorcing couples, the collaborative process promises emotional healing and avoidance of contentious litigation. Advocates for collaborative divorce describe the transformational effects of the process in an evangelical tone.
But collaborative …
Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum
Trial And Error: Legislating Adr For Medical Malpractice Reform, Lydia Nussbaum
Maryland Law Review
The U.S. healthcare system has a problem: hundreds of thousands of people die each year, and over a million are injured, by medical mistakes that could have been avoided. Furthermore, over ninety percent of these patients and their families never learn of the errors or receive redress. This problem persists, despite myriad reforms to the medical malpractice system, because of lawmakers’ dominant focus on reducing providers’ liability insurance costs. Reform objectives are beginning to change, however, and the vehicle for implementing these changes is alternative dispute resolution (“ADR”). Historically, legislatures deployed ADR to curb malpractice litigation and restrict patients’ access …
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu
Maryland Law Review
Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …
The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner
The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner
Maryland Law Review
No abstract provided.
Bargaining In The Dark: The Normative Incoherence Of Lawyer Dispute Bargaining Role, Robert J. Condlin
Bargaining In The Dark: The Normative Incoherence Of Lawyer Dispute Bargaining Role, Robert J. Condlin
Maryland Law Review
No abstract provided.
Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton
Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton
Maryland Law Review
No abstract provided.
Predispute Arbitration Agreements Between Brokers And Investors: The Extension Of Wilko To Section 10(B) Claims, Lee Applebaum
Predispute Arbitration Agreements Between Brokers And Investors: The Extension Of Wilko To Section 10(B) Claims, Lee Applebaum
Maryland Law Review
No abstract provided.
The Labor Arbitrator's Several Roles , Dennis R. Nolan, Roger I. Abrams
The Labor Arbitrator's Several Roles , Dennis R. Nolan, Roger I. Abrams
Maryland Law Review
No abstract provided.
Arbitration Of Medical Malpractice Claims: Is It Cost Effective?, Duane H. Heintz
Arbitration Of Medical Malpractice Claims: Is It Cost Effective?, Duane H. Heintz
Maryland Law Review
No abstract provided.
Legality Of The Maryland Public Utilities Disputes Act, Bernard J. Seff
Legality Of The Maryland Public Utilities Disputes Act, Bernard J. Seff
Maryland Law Review
No abstract provided.
Insurer's Liability For Failure To Settle
Arbitration Under Maryland Law, James Morfit Mullen
Arbitration Under Maryland Law, James Morfit Mullen
Maryland Law Review
No abstract provided.