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Articles 1 - 17 of 17
Full-Text Articles in Law
Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley
Epic Systems Corp. V. Lewis: Singled Out By Corporations And A Textualist Supreme Court, American Workers Are Left To Fend For Themselves, Grace O'Malley
Maryland Law Review
No abstract provided.
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu
Maryland Law Review
Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …
Great Falls Mfg. Co. V. Garland, 124 U.S. 581 (1888): The Final Battle After Thirty Years Of Litigation Over The Rights To Great Falls On The Potomac, Julia Carbonetti
Great Falls Mfg. Co. V. Garland, 124 U.S. 581 (1888): The Final Battle After Thirty Years Of Litigation Over The Rights To Great Falls On The Potomac, Julia Carbonetti
Legal History Publications
The Great Falls Manufacturing Company owned extensive land and water rights at the Great Falls on the Potomac River at the time the United States decided to use the Great Falls as a water supply to the new capital in the City of Washington. In order to use its power of eminent domain, the federal government passed two Acts between 1858 and 1888. During that time, the United States and the Great Falls Manufacturing Company pursued 30 years of litigation to argue the just compensation that was due for the property taken at Great Falls. The 30 years ended in …
The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner
The Many Lanes Out Of Court: Against Privatization Of Employment Discrimination Disputes, Theresa M. Beiner
Maryland Law Review
No abstract provided.
Opting Out Of The Procedural Morass: A Solution To The Class Arbitration Problem, Emanwel Josef Turnbull
Opting Out Of The Procedural Morass: A Solution To The Class Arbitration Problem, Emanwel Josef Turnbull
Student Articles and Papers
American class actions are internationally regarded as a procedural form to avoid and widely criticized in the United States. They have been narrowed and restricted by U.S. statutes and case law. Plaintiffs' lawyers in consumer class actions are portrayed as greedy and fraudulent, while businesses are increasingly acting to avoid class actions through mandatory pre-dispute arbitration clauses. Even class arbitration is criticized as leading to a “procedural morass.”
This Article proposes that parties and arbitral fora opt out of the American procedural morass (and the attendant long-running disputes about American class actions) by adopting an English procedural rule for aggregation. …
Speech, Brian S. Harvey
From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds
From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Electronic Contracting, Juliet M. Moringiello, William L. Reynolds
Maryland Law Review
No abstract provided.
The Market For Justice, The "Litigation Explosion," And The "Verdict Bubble:" A Closer Look At Vanishing Trials, Frederic N. Smalkin, Frederic N. C. Smalkin
The Market For Justice, The "Litigation Explosion," And The "Verdict Bubble:" A Closer Look At Vanishing Trials, Frederic N. Smalkin, Frederic N. C. Smalkin
Faculty Scholarship
Recently, a respected jurist has lamented the declining number of federal jury trials. Chief Judge William Young of the United States District Court for the District of Massachusetts, writing in the Federal Lawyer, pointed out that jury trials in federal civil cases declined 26% in the decade between 1989 and 1999, which he attributed to four factors: the district court judiciary’s “loss of focus” on the core function of trying jury cases; the business community’s loss of interest in jury adjudication (“opting out of the legal system altogether” in favor of arbitration); Congress’s “marginalizing the district court judiciary”; and …
"If It Quacks Like A Duck:" Comparing The Icj Chambers To International Arbitration For A Mechanism Of Enforcement, John C. Guilds Iii
"If It Quacks Like A Duck:" Comparing The Icj Chambers To International Arbitration For A Mechanism Of Enforcement, John C. Guilds Iii
Maryland Journal of International Law
No abstract provided.
The Maryland International Commercial Arbitration Act: The Proper State Response Until Congress Enacts A Comprehensive Federal Statute, Francis J. Gorman, Sanjay M. Shirodkar
The Maryland International Commercial Arbitration Act: The Proper State Response Until Congress Enacts A Comprehensive Federal Statute, Francis J. Gorman, Sanjay M. Shirodkar
Maryland Journal of International Law
No abstract provided.
Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton
Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton
Maryland Law Review
No abstract provided.
Enforcement Of Foreign Arbitral Awards Under The United Nations Convention Of 1958: A Survey Of Recent Federal Case Law, Diana G. Richard
Enforcement Of Foreign Arbitral Awards Under The United Nations Convention Of 1958: A Survey Of Recent Federal Case Law, Diana G. Richard
Maryland Journal of International Law
No abstract provided.
The Labor Arbitrator's Several Roles , Dennis R. Nolan, Roger I. Abrams
The Labor Arbitrator's Several Roles , Dennis R. Nolan, Roger I. Abrams
Maryland Law Review
No abstract provided.
Court-Annexed Arbitration In The Federal Courts: The Philadelphia Story, Paul Nejelski, Andrew S. Zeldin
Court-Annexed Arbitration In The Federal Courts: The Philadelphia Story, Paul Nejelski, Andrew S. Zeldin
Maryland Law Review
No abstract provided.
Arbitration Of Medical Malpractice Claims: Is It Cost Effective?, Duane H. Heintz
Arbitration Of Medical Malpractice Claims: Is It Cost Effective?, Duane H. Heintz
Maryland Law Review
No abstract provided.
The Individual Worker In Grievance Arbitration: Still Another Look At The Problem, Sanford J. Rosen
The Individual Worker In Grievance Arbitration: Still Another Look At The Problem, Sanford J. Rosen
Maryland Law Review
No abstract provided.