Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in Law
Lessons From Usada V. Jenkins: You Can't Win When You Beat A Monopoly , Michael S. Straubel
Lessons From Usada V. Jenkins: You Can't Win When You Beat A Monopoly , Michael S. Straubel
Pepperdine Dispute Resolution Law Journal
According to the reporters who wanted to speak with LaTasha Jenkins, she was the first athlete in the seven-year history of the United States Anti-Doping Agency (USADA) to win and clear herself of doping charges. USADA's record was now thirty-seven and one. Remarkably, the flawless record was beaten by a group of third year law students and their professor. But LaTasha did not want to speak with the reporters. To LaTasha, she had not won. She had been dragged through the mud, her career had been ended, and she was emotionally exhausted. Talking to reporters would only remind her of …
Two Steps Forward, One Step Back: Must The District Court Issue A Stay After A Decision Adverse To Arbitration Is Appealed, And To What Extent Are Arbitration Clauses Applied Retroactively Note, Benjamin Faber
Journal of Dispute Resolution
By creating new rules to fill in the gaps left by the FAA, the federal circuit courts may have muddied the waters of how and why parties assent to arbitration, and the ramifications of their decisions could change how and why parties bind themselves and each other to arbitration in the future. This note will address these issues in six remaining parts. Part II will briefly outline the pertinent facts of Levin." Part III addresses the circuit split on whether federal courts should issue an automatic stay of legislation pending an appeal to compel arbitration under § 16(a)(1)(A) of the …
The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao-Li Chang
The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao-Li Chang
Research Collection School Of Economics
This paper provides a theoretical framework of dispute settlement to explain the surge in blocking incidence of GATT panel reports during the 1980s and the variations in withdrawn incidence versus total disputes across different decades of the GATT regime. The study first suggests the role of the degree of legal controversy over a panel ruling in determining countries' incentives to block (appeal) a panel report under the GATT (WTO) regime. The study then analyzes the effects of political power on countries' incentives to use, and their interactions in using, the dispute settlement mechanism, when two-sided asymmetric information exists regarding panel …
Origin, Scope, And Irrevocability Of The Manifest Disregard Of The Law Doctrine: Second Circuit Views, Christian Turner, Joshua Ratner
Origin, Scope, And Irrevocability Of The Manifest Disregard Of The Law Doctrine: Second Circuit Views, Christian Turner, Joshua Ratner
Scholarly Works
After arbitration has occurred, parties may seek judicial enforcement of the arbitral award, converting the private determination into an enforceable judgment. Parties that did not prevail in the arbitration may, at the same time, seek to have the arbitral award vacated. This article concerns the doctrine that permits courts to vacate an arbitral award when the arbitrators “manifestly disregarded” the law, focusing on recent developments in the Second Circuit. Despite the exceedingly deferential scope of this doctrine, the Second Circuit has actually vacated a handful of arbitrations on grounds of manifest disregard, and the doctrine is routinely raised by litigants. …
Re Secunda Marine Services Ltd And Bradley, Innis Christie
Re Secunda Marine Services Ltd And Bradley, Innis Christie
Innis Christie Collection
This is an appeal under Section 251.11 of the Canada Labour Code by the Employer, Secunda Marine Services Limited, against a payment order of November 4, 2002 by Paula F. Stagg, Inspector, ordering an additional 21 days of severance pay to the Complainant, Sherman Bradley, in the amount of $2943.15, less deductions permitted pursuant to paragraphs 254.1(2)(a), (b) and (e) of the Code. This is for severance pay covering the period worked December 2, 1988 to March 21, 2002, minus five days severance pay received by Mr. Bradley.
Nova Scotia (Minister Of Education & Culture) V Nstu, Innis Christie
Nova Scotia (Minister Of Education & Culture) V Nstu, Innis Christie
Innis Christie Collection
Supplementary award with respect to a Union grievance dated April 23, 1998, alleging breach Article 43.01 and Schedules D1, D2, D3 and D4 of the Collective Agreement between the Minister and the Union made February 3, 1998 for the term November 1, 1997-October 31, 1999 in that all school boards in Nova Scotia have refused to pay at the salary levels set out in the Schedules following the end of the effect of the Public Sector Compensation (1994-97) Act on October 31, 1997. The parties agreed that the Halifax Regional School Board would be used as an example …
Rethinking Appeal Of Arbitrability Decisions: When To Review That Which Long Process Could Not Arbitrate - F.C. Schaffer & (And) Associates, Inc. V. Demech Contractors, Ltd., Brian T. Mccartney
Rethinking Appeal Of Arbitrability Decisions: When To Review That Which Long Process Could Not Arbitrate - F.C. Schaffer & (And) Associates, Inc. V. Demech Contractors, Ltd., Brian T. Mccartney
Journal of Dispute Resolution
This Note will proceed in five sections. Section II will set forth the factual framework of the Schaffer case and the holding of the Fifth Circuit Section III will briefly examine the legal background behind the appeal of arbitrability rulings.9 Section IV will explore the analysis and decision of the Fifth Circuit in Schaffer.0 Finally, Section V will comment on the Schaffer court's holding and discuss its policy implications. This Note will conclude that 9 U.S.C. section 16 must be carefully examined and refined in order to meet the policy goals of arbitration.
Appeals Of Orders Compelling Arbitration In Embedded Proceedings Must Wait - Altman Nursing, Inc. V. Clay Capital Corp., Carla Kemp
Journal of Dispute Resolution
The enactment of § 16 of the Federal Arbitration Act (FAA) afforded courts with specific guidelines to follow in determining whether an order dealing with the arbitrability of a dispute is appealable. One issue, however, was not settled by the language of this statute. Altman Nursing, Inc. v. Clay Capital Corp. addresses this unresolved issue of whether an order compelling arbitration in the context of an embedded claim can be classified as final and immediately appealable
Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight
Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight
Scholarly Works
Courts and commentators have typically assumed that binding arbitration is both private and consensual, and that it therefore raises no constitutional concerns. This Article challenges both assumptions and goes on to consider arguments that arbitration agreements may unconstitutionally deprive persons of their right to a jury trial, to a judge, and to due process of law. The author argues first that courts' interpretation of seemingly private arbitration agreements may often give rise to "state action," particularly where courts have used a "preference favoring arbitration over litigation" to construe a contract in a non-neutral fashion. The author next draws on the …
Appellate Settlement Conference Programs: A Case Study, Susan A. Fitzgibbon
Appellate Settlement Conference Programs: A Case Study, Susan A. Fitzgibbon
Journal of Dispute Resolution
The 1990s may be the decade in which the courts bring alternative dispute resolution "in house." Professor Owen Fiss' nightmare that private settlement will rob courts of cases for the dispensation of justice and the furtherance of societal goals3 has become Professor Carrie Menkel-Meadow's foreboding that the courts will "co-opt" and drain the life from true alternative dispute resolution (ADR) processes.4 It may be argued that appellate court-sponsored settlement programs dodge both of these criticisms because parties have had a day in court, the process is a form of mediation, and the settlement is thus final only if the parties …
Camping Is On The Rise: A Survey Of Judicially-Implemented Pre-Argument Conference Programs In The United States Circuit Courts Of Appeal, Teresa A. Generous, Katherine D. Knocke
Camping Is On The Rise: A Survey Of Judicially-Implemented Pre-Argument Conference Programs In The United States Circuit Courts Of Appeal, Teresa A. Generous, Katherine D. Knocke
Journal of Dispute Resolution
In April of 1974, Chief Judge Irving R. Kaufman initiated a Civil Appeals Management Plan (hereinafter "CAMP") in the Second Circuit. Over the next thirteen years, pre-argument conference programs were implemented in several other circuits. To date, there are currently five circuits with such a program in effect. These programs possess some common characteristics as well as some distinguishing features. The purpose of this article is to present an overview of the use of the pre-argument conference program in federal appellate courts