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Full-Text Articles in Law
Law School News: Omshehe Wins Top National Prize With Securities Regulation Article 11-4-2022, Michael M. Bowden
Law School News: Omshehe Wins Top National Prize With Securities Regulation Article 11-4-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
220+ Law And Economics Professors Sign Letter Opposing Isds In The Tpp, Columbia Center On Sustainable Investment
220+ Law And Economics Professors Sign Letter Opposing Isds In The Tpp, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
CCSI helped launch a letter joined by over 220 law and economics professors calling on Congress to oppose the final Trans-Pacific Partnership agreement because that treaty includes the investor-state dispute settlement (ISDS) mechanism. As the letter notes, the ISDS mechanism “threatens to dilute constitutional protections, weaken the judicial branch and outsource our domestic legal system to a system of private arbitration that is isolated from essential checks and balances.” Despite the Obama administration’s claims to have addressed growing concerns about the ISDS system, the final TPP would instead vastly expand the ISDS threat to the rule of law and …
Newsroom: Ap: Chung On 38 Studios Settlement 03-14-2016, Michelle R. Smith, Roger Williams University School Of Law
Newsroom: Ap: Chung On 38 Studios Settlement 03-14-2016, Michelle R. Smith, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Historical Basis Of Securities Arbitration As An Investor Protection Mechanism, Jill I. Gross
The Historical Basis Of Securities Arbitration As An Investor Protection Mechanism, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
Why do broker-dealers fear a legal system in which the firms' customers have a unilateral right to demand arbitration of disputes? That scenario would return the industry to the pre-McMahon years, when, because the enforceability of PDAAs with respect to federal securities laws was in doubt, most brokerage customers had such a unilateral right. In fact, the pre-McMahon history of securities arbitration, written about only sparsely, reveals that, today, the primary stakeholders in the process--investors and brokerage firms--have lost sight of the original reason why the securities industry heavily relied on arbitration to resolve industry disputes. While offering a speedy, …
Arbitration Of Investors' Claims Against Issuers: An Idea Whose Time Has Come, Barbara Black
Arbitration Of Investors' Claims Against Issuers: An Idea Whose Time Has Come, Barbara Black
Faculty Articles and Other Publications
Ever since the U.S. Supreme Court held that arbitration provisions contained in brokerage customers’ agreements were enforceable with respect to federal securities claims, proposals have been floated to include in an issuer’s governance documents a provision that would require arbitration of investors’ claims against the issuer. To date, however, publicly traded domestic issuers and their counsel have not seriously pursued these proposals, probably because of several legal obstacles to implementation. In addition to these legal obstacles, publicly traded issuers may not have perceived significant advantages to arbitration. Recent legal developments, however, make inclusion of an arbitration provision in a publicly …
Attorneys As Arbitrators, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch
Attorneys As Arbitrators, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch
Articles
We study the role of attorneys as arbitrators in securities arbitration. We find that arbitrators who also represent brokerage firms or brokers in other arbitrations award significantly less compensation to investor-claimants than do other arbitrators. We find no significant effect for attorney-arbitrators who represent investors or both investors and brokerage firms. The relation between representing brokerage firms and arbitration awards remains significant even when we control for political outlook. Arbitrators who donate money to Democratic political candidates award greater compensation than do arbitrators who donate to Republican can-didates. We also study the dynamics of panel interaction. We find that the …
Securities Mediation: Dispute Resolution For The Individual Investor, Jill I. Gross
Securities Mediation: Dispute Resolution For The Individual Investor, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
Part I of this article will provide a brief history of ADR in the securities industry (primarily arbitration), and then will describe the emergence of mediation as an alternative to arbitration. Part II will explore the state and federal statutory regulations that arguably govern the securities mediation process, and their impact on procedural and substantive justice. In particular, this section will review the applicability to and impact on securities mediation of the Securities Exchange Act of 1934 (1934 Act), the Federal Arbitration Act (FAA), and state mediation statutes, including the Uniform Mediation Act. In this section, I will argue that …