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Articles 1 - 30 of 31
Full-Text Articles in Law
A Muddy Mess: The Supreme Court’S Jurisprudence On Jurisdiction For Arbitration Matters, Kristen M. Blankley
A Muddy Mess: The Supreme Court’S Jurisprudence On Jurisdiction For Arbitration Matters, Kristen M. Blankley
University of Miami Law Review
The Supreme Court’s 2022 Badgerow v. Waters decision at- tempts to create a bright-line rule regarding access to federal courts to hear arbitration matters. On its face, the Badgerow majority opinion reads like a straightforward exercise in textualism. Badgerow interpreted the judicial test for jurisdiction under the Federal Arbitration Act (“FAA”) provision regarding vacatur differently than it interpreted the jurisdictional test for a motion to compel under a different part of the statute. However, Badgerow leaves courts, which were already struggling to decipher the Supreme Court’s 2009 decision of Vaden v. Discover Bank, with a significant number of outstanding questions. …
Lamps Plus, Inc. V. Varela: Dark Times Ahead For Class Arbitrations, Joanna Niworowski
Lamps Plus, Inc. V. Varela: Dark Times Ahead For Class Arbitrations, Joanna Niworowski
University of Miami Law Review
The Federal Arbitration Act (“FAA”) was enacted in 1925 to combat judicial hostility towards arbitration. Over the years, the U.S. Supreme Court has interpreted this statute as evidencing a pro-arbitration policy and has upheld the use of arbitration clauses in a variety of contracts. Unfortunately, while the FAA was able to overcome the hostility towards arbitration, it was not able to stop the Court from finding a new target: class arbitrations.
This Comment analyzes the Supreme Court’s recent decision in Lamps Plus, Inc. v. Varela. In critiquing the Court’s continued erosion of the availability of class arbitrations, this Comment considers …
Interpretation Of Article V Of The New York Convention In The Eleventh Circuit: Industrial Risk Insurers, Juan C. Garcia, Ivan Bracho Gonzalez
Interpretation Of Article V Of The New York Convention In The Eleventh Circuit: Industrial Risk Insurers, Juan C. Garcia, Ivan Bracho Gonzalez
University of Miami Law Review
The widespread use and growing preference for international arbitration over cross-border litigation is primarily due to the existence of a clear and straightforward regime for the enforcement of arbitration agreements and awards. Even though this was not always the case, through the appearance of the New York Convention and the United Nations Commission on International Trade Law (“UNCITRAL”) Model Law on International Commercial Arbitration, the treatment and acceptance of international arbitration in different legal regimes has undergone a harmonization process which has served to develop consistency. That harmonization process, however, has not been completed. Several jurisdictions, even within their own …
A Cure For Every Ill? Remedies For “Pathological” Arbitration Clauses, Harout J. Samra, Ramya Ramachanderan
A Cure For Every Ill? Remedies For “Pathological” Arbitration Clauses, Harout J. Samra, Ramya Ramachanderan
University of Miami Law Review
Defective arbitration and dispute resolution clauses—widely called “pathological clauses”—may undermine parties’ intent to seek recourse to arbitration rather than the courts. Questions concerning the existence and validity of arbitration clauses are subject to state contract law despite the wide sweep of the Federal Arbitration Act. This Article examines selected common “pathologies” and reviews recent court decisions, including from the Eleventh Circuit Court of Appeals and its constituent federal district courts, concerning the enforcement of such clauses.
A Court’S Continuing Obligation To Ensure Fairness Of Class Action Settlements, Filip Grzelak
A Court’S Continuing Obligation To Ensure Fairness Of Class Action Settlements, Filip Grzelak
University of Miami Law Review
In April 2010, Deepwater Horizon, a BP-operated drilling rig, exploded killing eleven workers and poisoning the waters of the Gulf of Mexico with 210 million gallons of oil. Some 90,000 cleanup workers become involved in the response; many became sick after exposure to crude oil and Corexit, a chemical used to disperse the oil. A class action against BP ensued. A settlement was reached in 2013 and provided for a two-phased compensation mechanism, which class action experts praised for effectiveness and fairness.
Soon, however, it became clear that the settlement was neither effective nor fair. Many cleanup workers were denied …
The Unanswered Question From Green Tree Financial Corp. V. Randolph: How Much Is Too Much Before The Costs Of Arbitration Become A Barrier To Due Process?, Robert W. Abel
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.
State Court Attempts To Limit The Applicability Of The Federal Arbitration Act In A Post Lopez World, Kristen Brown
State Court Attempts To Limit The Applicability Of The Federal Arbitration Act In A Post Lopez World, Kristen Brown
University of Miami Law Review
No abstract provided.
Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware
Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware
University of Miami Law Review
No abstract provided.
Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight
Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight
University of Miami Law Review
No abstract provided.
Ethics Issues In Arbitration And Related Dispute Resolution Processes: What's Happening And What's Not, Carrie Menkel-Meadow
Ethics Issues In Arbitration And Related Dispute Resolution Processes: What's Happening And What's Not, Carrie Menkel-Meadow
University of Miami Law Review
No abstract provided.
Tweaking The Market For Autonomy: A Problem-Solving Perspective To Informed Consent In Arbitration, Clark Freshman
Tweaking The Market For Autonomy: A Problem-Solving Perspective To Informed Consent In Arbitration, Clark Freshman
University of Miami Law Review
No abstract provided.
In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher
In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher
University of Miami Law Review
No abstract provided.
The Ballad Of Transborder Arbitration, Thomas E. Carbonneau
The Ballad Of Transborder Arbitration, Thomas E. Carbonneau
University of Miami Law Review
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.
Online Arbitration Of Cross-Border, Business To Consumer Disputes, Karen Sewart, Joseph Matthews
Online Arbitration Of Cross-Border, Business To Consumer Disputes, Karen Sewart, Joseph Matthews
University of Miami Law Review
No abstract provided.
Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham
Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham
University of Miami Law Review
No abstract provided.
Risky Business: Courts, Culture, And The Marketplace, Tahirih V. Lee
Risky Business: Courts, Culture, And The Marketplace, Tahirih V. Lee
University of Miami Law Review
No abstract provided.
Recent Mexican Arbitration Reform: The Continued Influence Of The "Publicistas", Jeffrey J. Mayer
Recent Mexican Arbitration Reform: The Continued Influence Of The "Publicistas", Jeffrey J. Mayer
University of Miami Law Review
No abstract provided.
Distinguishing Arbitration And Private Settlement In Nlrb Deferral Policy, Michael K. Northrop
Distinguishing Arbitration And Private Settlement In Nlrb Deferral Policy, Michael K. Northrop
University of Miami Law Review
No abstract provided.
Deferral, Waiver, And Arbitration Under The Nlra: From Status To Contract And Back Again, Dennis O. Lynch
Deferral, Waiver, And Arbitration Under The Nlra: From Status To Contract And Back Again, Dennis O. Lynch
University of Miami Law Review
No abstract provided.
Arbitration And Selective Discipline Of Union Officials After Metropolitan Edison, Cathy M. Stutin
Arbitration And Selective Discipline Of Union Officials After Metropolitan Edison, Cathy M. Stutin
University of Miami Law Review
No abstract provided.
The Differing Nature Of The Weingarten Right To Union Representation In The Nlrb And Arbitral Forums, Steven J. Silverman
The Differing Nature Of The Weingarten Right To Union Representation In The Nlrb And Arbitral Forums, Steven J. Silverman
University of Miami Law Review
No abstract provided.
Essay: Statutory Rights And Arbitral Values: Some Conclusions, Dennis O. Lynch
Essay: Statutory Rights And Arbitral Values: Some Conclusions, Dennis O. Lynch
University of Miami Law Review
No abstract provided.
Foreword, The Editors
Employee Drug Testing: Federal Courts Are Redefining Individual Rights Of Privacy, Will Labor Arbitrators Follow Suit?, Geoffrey T. Kirk
Employee Drug Testing: Federal Courts Are Redefining Individual Rights Of Privacy, Will Labor Arbitrators Follow Suit?, Geoffrey T. Kirk
University of Miami Law Review
No abstract provided.
Successorship Doctrine, The Courts And Arbitrators: Common Sense Or Dollars And Cents?, Jeffrey M. Landau
Successorship Doctrine, The Courts And Arbitrators: Common Sense Or Dollars And Cents?, Jeffrey M. Landau
University of Miami Law Review
No abstract provided.
Arbitral Treatment Of Subcontracting After Milwaukee Spring Ii: Much Ado About Nothing?, Kenneth M. Kirsner
Arbitral Treatment Of Subcontracting After Milwaukee Spring Ii: Much Ado About Nothing?, Kenneth M. Kirsner
University of Miami Law Review
No abstract provided.
Merging The Rla And The Nlra For Eastern Air Lines: Can It Fly?, Elizabeth L. Cocanougher
Merging The Rla And The Nlra For Eastern Air Lines: Can It Fly?, Elizabeth L. Cocanougher
University of Miami Law Review
No abstract provided.
Judicial Deference To Grievance Arbitration In The Private Sector: Saving Grace In The Search For A Well-Defined Public Policy Exception, Amanda J. Berlowe
Judicial Deference To Grievance Arbitration In The Private Sector: Saving Grace In The Search For A Well-Defined Public Policy Exception, Amanda J. Berlowe
University of Miami Law Review
No abstract provided.