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Full-Text Articles in Law
Law Triangle: Arbitrating International Reinsurance Disputes, J. L. Murphy
Law Triangle: Arbitrating International Reinsurance Disputes, J. L. Murphy
Vanderbilt Journal of Transnational Law
The McCarran-Ferguson Act was enacted to preserve the longstanding prerogative of the States to regulate the insurance industry. States have acted in accordance with this statute to declare arbitration agreements in insurance contracts invalid. However, the Senate has since ratified the New York Convention and appended implementing legislation to the Federal Arbitration Act that obligates domestic courts to recognize arbitration agreements in all international contracts. In an odd convergence of authority, a functional conflict arises between these three bodies of law: the federal law says that state law controls in this area, even over other federal law that might incidentally …
Errors, Omissions, And The Tennessee Plan, Brian T. Fitzpatrick
Errors, Omissions, And The Tennessee Plan, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
In the Spring 2008 issue of the Tennessee Law Review, I wrote an essay questioning whether Tennessee's merit system for selecting appellate judges - the Tennessee Plan - satisfies the requirements of the Tennessee Constitution. The Tennessee Constitution requires all judges to be elected by the qualified voters of the state, yet, under the Plan, all appellate judges are initially selected by gubernatorial appointment and then retained in uncontested referenda. I argued that both the appointment and retention features of the Plan are unconstitutional, and I recommended that the legislature refuse to reauthorize the Plan when it expires in June …