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Full-Text Articles in Law
Speech, Brian S. Harvey
A Better Approach To Arbitrability, Jeffrey W. Stempel
A Better Approach To Arbitrability, Jeffrey W. Stempel
Scholarly Works
Historically, Anglo-American courts refused to enforce arbitration agreements, jealously guarding their dispute resolution monopoly. During the early twentieth century, merchants and attorneys began seeking legislation requiring courts to defer to arbitration. The United States Abitration Act took effect January 1, 1926 and has remained essentially unchanged. It was written with the implicit assumption that it would be invoked by commercial actors having relatively equal bargaining power and emotive appeal to a jury. The Act says nothing to direct the court's inquiry concerning the quality of either party's assent to the arbitration clause other than requiring a written arbitration agreement and …
The San Luis Valley Groundwater Dispute, David Harrison, Jeris Danielson
The San Luis Valley Groundwater Dispute, David Harrison, Jeris Danielson
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
25 pages (includes illustrations and map).