Law Commons^™

The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion And The Future Of American Arbitration, Thomas J. Stipanowich

Thomas J. Stipanowich

For the third time in the modern era, a triad of key Supreme Court decisions represents a milestone in American arbitration. In this highly controversial “Third Arbitration Trilogy,” the U.S. Supreme Court aggressively expands the “revealed” penumbra of substantive arbitration law under the Federal Arbitration Act and shores up the bulwarks of private, binding dispute resolution under standardized contracts of adhesion binding employees and consumers. In Stolt-Nielsen S.A. v. AnimalFeeds International, 130 S. Ct. 1758 (2010), the Court, against the backdrop of an international commercial contract scheme and a unique procedural scenario, draws upon the wellspring of divined “federal substantive …

Thurgood Marshall: The Writer, Anna P. Hemingway, Starla J. Williams, Jennifer M. Lear, Ann E. Fruth

Anna P. Hemingway

Cell Phone Location Data And The Fourth Amendment: A Question Of Law, Not Fact, Susan Freiwald

Susan Freiwald

In a significant ruling in the fall of 2010, the Third Circuit Court of Appeals rejected the government’s claim that it could compel cell phone service providers to disclose customer records that indicate the cell towers with which a cell phone has communicated (cell phone location information or CSLI) without obtaining a warrant based on probable cause. In a break with past decisions, the court rejected application of a “third party rule,” under which cell phone users are seen to assume the risk that their providers will disclose location data without the protections of a warrant requirement. The court, however, …

Secret Inventions, Jonas Anderson

J. Jonas Anderson

Schlechtriem & Schwenzer: Comentario Sobre La Convención De Las Naciones Unidas Sobre Los Contratos De Compraventa Internacional De Mercaderías, Ingeborg Schwenzer, Edgardo Muñoz

Edgardo Muñoz

Reconciling Justice And Efficiency: Integrating Environmental Justice Into Domestic Cap-And-Trade Programs For Controlling Greenhouse Gases, Alice Kaswan

Alice Kaswan

In the last thirty years, two opposing trends have emerged in environmental policy: environmental justice and market-based mechanisms. They present fundamental tensions. The environmental justice movement’s distributional goals conflict with market programs’ focus on cost-effectively achieving aggregate goals, without regard to distribution. And the environmental justice movement’s participatory goals conflict with market programs’ focus on industry autonomy and privatized decisionmaking. The tension between environmental justice and markets is arising in the context of cap-and-trade programs for greenhouse gases (GHGs). While GHGs do not impose localized harms, GHG trading policies nonetheless raise distributional issues because GHG gas emissions are inevitably accompanied …