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Articles 1 - 11 of 11
Full-Text Articles in Law
In Defense Of Moses, Tamar Meshel
In Defense Of Moses, Tamar Meshel
St. John's Law Review
(Excerpt)
In 1925, Congress enacted a short statute to make arbitration agreements in maritime transactions and interstate commerce “valid, irrevocable, and enforceable.” Yet the Federal Arbitration Act’s (FAA) simple objective of facilitating the resolution of disputes outside of the courtroom has proven much easier to declare than to implement in practice. In the century since its enactment, the FAA has become a frequently litigated statute and the subject of 59 opinions of the Supreme Court, the majority of which have reversed lower courts’ interpretations of the Act. The Supreme Court’s FAA jurisprudence has not only been abundant but also controversial. …
Theorizing Responsibility In The Investor State Dispute Resolution System, Kristen Boon
Theorizing Responsibility In The Investor State Dispute Resolution System, Kristen Boon
St. John's Law Review
(Excerpt)
The Investor-State Dispute System (“ISDS”) permits investors to sue states when their investments are injured. The system was designed to protect investors and impose responsibilities on states; it is uncontroversial to say that the ISDS system is one-sided. But a chorus of voices is now asking: should investors have responsibilities too? The narrative is one of injustice, driven by the perception that states have signed on to a system that has left them with large financial exposure to investors. This viewpoint has been reinforced, in the eyes of some, by the influence of big business, and by state losses …
Confidential Settlements For Professional Malpractice, Sande L. Buhai
Confidential Settlements For Professional Malpractice, Sande L. Buhai
St. John's Law Review
(Excerpt)
A lawyer representing a plaintiff in a professional malpractice case advises her client not to file a complaint with the state regulatory body—the state bar, the medical board, or some other pertinent body—until later. The lawyer explains that she can offer to settle the case more favorably, more quickly, and at lower cost if they promise that, as part of the settlement, defendant’s malfeasance will never be reported to the state regulatory body responsible for ensuring professional competence in the area. This tactic may allow the client to negotiate a larger settlement because the defendant should be willing to …
Arbitrating Security Class Actions: The Limits Of Forum Selection Bylaws, Paul Schochet
Arbitrating Security Class Actions: The Limits Of Forum Selection Bylaws, Paul Schochet
St. John's Law Review
No abstract provided.
Express Preclusion Of The Federal Arbitration Act For All Bankruptcy-Related Matters, John R. Hardison
Express Preclusion Of The Federal Arbitration Act For All Bankruptcy-Related Matters, John R. Hardison
St. John's Law Review
(Excerpt)
This Article sets forth a more solid justification for bankruptcy courts to refuse to order arbitration of any matter related to and affecting a bankruptcy case through express preclusion. First, this Article describes the historical development of the Supreme Court’s holdings on preclusion of the FAA in general and on the courts of appeals’ current formulation of a bankruptcy exception to the FAA. Next, this Article discusses the statutory, historical, and policy-based support for reading the bankruptcy jurisdictional provisions as creating an express exception to the FAA, or alternatively as supporting an implied exception to the FAA. As discussed, …
Dangerous Or Benign Legal Fictions, Cognitive Biases, And Consent In Contract Law, Chunlin Leonhard
Dangerous Or Benign Legal Fictions, Cognitive Biases, And Consent In Contract Law, Chunlin Leonhard
St. John's Law Review
(Excerpt)
Building on existing scholarship on legal fictions and empirical psychological research about human decision making processes, this Article offers a systematic approach to distinguishing a dangerous legal fiction from a benign one.
This Article begins by summarizing scholarly discussions about legal fictions in general, courts’ typical uses of legal fiction, and more general concerns with legal fictions. Part II of the Article summarizes scientific findings about how humans think and what our common cognitive biases are. It then explains how findings regarding the human decision-making process may shed light on why certain legal fictions can be dangerous. This Section …
Alternative Dispute Resolution, Patrick Crowley
Alternative Dispute Resolution, Patrick Crowley
The Catholic Lawyer
No abstract provided.
Alternative Dispute Resolution, Jessie Clayton Dye
Alternative Dispute Resolution, Jessie Clayton Dye
The Catholic Lawyer
No abstract provided.
Alternative Dispute Resolution, Sister Donna Mikula
Alternative Dispute Resolution, Sister Donna Mikula
The Catholic Lawyer
No abstract provided.
Alternative Dispute Resolution, Santiago Feliciano, Jr.
Alternative Dispute Resolution, Santiago Feliciano, Jr.
The Catholic Lawyer
No abstract provided.
Clergy Arbitrator Liability: A Potential Pitfall Of Alternative Dispute Resolution In The Church, Lee Tarte
Clergy Arbitrator Liability: A Potential Pitfall Of Alternative Dispute Resolution In The Church, Lee Tarte
The Catholic Lawyer
No abstract provided.