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Full-Text Articles in Law
Major League Baseball Players Ass'n V. Garvey Narrows The Judicial Strike Zone Of Arbitration Awards, Tracy Lipinski
Major League Baseball Players Ass'n V. Garvey Narrows The Judicial Strike Zone Of Arbitration Awards, Tracy Lipinski
Akron Law Review
This note examines judicial review of arbitration awards emphasizing if and when a reviewing court can vacate an arbitrator’s award. Part II explores the goals and principles of arbitration, the benefits of arbitration, arbitration legislation, and grounds for vacating an arbitration award. Also discussed in Part II are Supreme Court decisions dealing with judicial review of arbitration awards. Part III provides a statement of the facts, the procedural history, and the United States Supreme Court decision in Major League Baseball Players Ass’n v. Garvey. Finally, Part IV analyzes the Garvey decision, argues for a broader scope of judicial review of …
The End Of Class Actions?, Brian T. Fitzpatrick
The End Of Class Actions?, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
In this Article, I give a status report on the life expectancy of class action litigation following the Supreme Court's decisions in Concepcion and American Express. These decisions permitted corporations to opt out of class action liability through the use of arbitration clauses, and many commentators, myself included, predicted that they would eventually lead us down a road where class actions against businesses would be all but eliminated. Enough time has now passed to make an assessment of whether these predictions are coming to fruition. I find that, although there is not yet solid evidence that businesses have flocked to …