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Innovation In Arbitration Law: The Case Of Delaware, Christopher R. Drahozal
Innovation In Arbitration Law: The Case Of Delaware, Christopher R. Drahozal
Pepperdine Law Review
Delaware has become increasingly active in adopting innovative arbitration laws. In 2009, Delaware adopted a confidential system of “arbitration” conducted by sitting Court of Chancery judges, which was subsequently held unconstitutional as violating the First Amendment right of public access to the courts. In 2015, it enacted the Delaware Rapid Arbitration Act (DRAA), creating a system of expedited arbitration in Delaware. Among other things, the DRAA sets mandatory time limits for the completion of arbitration proceedings (with financial penalties for arbitrators who fail to comply), restricts the degree of court involvement in the arbitration process, and provides for expeditious review …
Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner
Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner
Pepperdine Law Review
In her comment, the author fashions a compelling argument for congressional elimination of baseball's exemption from federal antitrust laws. After noting that the exemption had been formulated in 1922 by the Supreme Court, the author explains that it has been abused by baseball club owners to create a virtual monopoly over ballplayers through the reserve system. Although the reserve system's control was somewhat diluted in 1976, with the advent of free agency and collective bargaining, club owners are currently negotiating for mandatory compensation for the loss of free agents. The resultant threat of a player's strike has served to focus …