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Articles 61 - 78 of 78
Full-Text Articles in Law
Freeing The Parties From The Law: Designing An Interest And Rights Focused Model Of Landlord/Tenant Mediation, Joel Kurtzberg, Jamie Henikoff
Freeing The Parties From The Law: Designing An Interest And Rights Focused Model Of Landlord/Tenant Mediation, Joel Kurtzberg, Jamie Henikoff
Journal of Dispute Resolution
In this article, we point out two fundamental flaws of the critique. First, the critique compares mediation to an idealized view of adjudication instead of comparing mediation to its real-life alternatives. Second, it takes a narrow view of the role of law in mediation, erroneously assuming that mediators must either ignore the law or impose it on the parties. Part I of this article spells out the critics' claim that mediation generally harms the poor and disempowered by failing to adequately incorporate formal legal protections into the process. Part II examines the critique as it is applied to the landlord-tenant …
Inferred Explicit Standard - Waiver Of Sovereign Immunity Via An Arbitration Clause - Sokaogon Gaming Enter. Corp. Et Al V. Tushie-Montgomery Assoc., Inc., The, Michael Stoffregen
Inferred Explicit Standard - Waiver Of Sovereign Immunity Via An Arbitration Clause - Sokaogon Gaming Enter. Corp. Et Al V. Tushie-Montgomery Assoc., Inc., The, Michael Stoffregen
Journal of Dispute Resolution
The judicially created doctrine of tribal sovereign immunity was recognized as part of the unique relationship between the United States and these domestic dependent sovereigns. 2 As tribes and tribal organizations enter into more commercial transactions in an effort to promote their self-determination and economic development, they have used sovereign immunity as a "trap for the unsuspecting", leaving the business they enter into an agreement with, without a judicially enforceable remedy for breach of contract.' To remedy this inequity, courts have chipped away at the doctrine of tribal sovereign immunity, finding waivers in commercial contexts where none existed before. In …
Physician-Patient Arbitration Agreements: Procedural Safeguards May Not Be Enough - Buraczynski V. Eyring, Jennifer Gillespie
Physician-Patient Arbitration Agreements: Procedural Safeguards May Not Be Enough - Buraczynski V. Eyring, Jennifer Gillespie
Journal of Dispute Resolution
Insurance companies and physicians increasingly are requiring medical malpractice claims to be settled by arbitration.2 As a result, many patients are being presented with a new choice when they enter their doctor's office: Sign an arbitration agreement or forgo treatment with their physician. In Buraczynski v. Eyring, the physician required the patients to sign an arbitration agreement prior to performing medical services for them? The agreement contained provisions designed to ensure that the patient made an informed decision before consenting to the agreement.4 But what if there were no other doctors available if the patient chose not to sign?
Appeals Of Orders Compelling Arbitration In Embedded Proceedings Must Wait - Altman Nursing, Inc. V. Clay Capital Corp., Carla Kemp
Journal of Dispute Resolution
The enactment of § 16 of the Federal Arbitration Act (FAA) afforded courts with specific guidelines to follow in determining whether an order dealing with the arbitrability of a dispute is appealable. One issue, however, was not settled by the language of this statute. Altman Nursing, Inc. v. Clay Capital Corp. addresses this unresolved issue of whether an order compelling arbitration in the context of an embedded claim can be classified as final and immediately appealable
Contracting For Judicial Review Of Arbitration Awards: Can An Errors Of Law Clause Provide Two Bites Of The Apple - Gateway Technologies, Inc. V. Mci Telecommunications Corp., Brian T. Mccartney
Contracting For Judicial Review Of Arbitration Awards: Can An Errors Of Law Clause Provide Two Bites Of The Apple - Gateway Technologies, Inc. V. Mci Telecommunications Corp., Brian T. Mccartney
Journal of Dispute Resolution
This Note will proceed in five sections. Section II will set forth the factual framework of the Gateway case and the holding of the Fifth Circuit. Section III will briefly examine the legal background behind the standard of review for arbitration awards. Section IV will explore the analysis and decision of the Fifth Circuit in Gateway. Finally, section V will comment on the Gateway court's holding and discuss its policy implications. This Note will conclude that arbitration agreements which purport to provide judicial review for "errors of law" violate separation of powers and the public policy which underlies arbitration. Consequently, …
Public Policy Exception: A Narrow Exception To Judicial Review Or An Independent Means Of Avoiding Arbitration Agreements - Exxon Corp. V. Baton Rouge Oil And Chemical Workers Union, The, Elizabeth Tenorio
Journal of Dispute Resolution
The Federal Arbitration Act advances a strong desire to encourage parties in labor management disputes to utilize arbitration in lieu of litigation.' For this reason, judicial review of an arbitrator's award is construed narrowly by three specific provisions? In recent years, a public policy exception to this strict standard of review has developed,4 and its use has exploded. This Note discusses the impact of this public policy exception on both arbitration and judicial forums. In addition, this Note highlights the potential for abuse when the exception is not limited and applied with care.
Remarks Of United States District Judge Nanette K. Laughrey Upon Her Investiture Ceremony September 27, 1996 Umc School Of Law, Nanette K. Laughrey
Remarks Of United States District Judge Nanette K. Laughrey Upon Her Investiture Ceremony September 27, 1996 Umc School Of Law, Nanette K. Laughrey
Missouri Law Review
Remarks from United States District Judge Nanette Laughrey during her investitute ceremony on September 27, 1996.
Purchase Money Security Interests In The Preference Zone: Questions Answered And Questions Raised By The 1994 Amendments To Bankruptcy Code 547, Timothy R. Zinnecker
Purchase Money Security Interests In The Preference Zone: Questions Answered And Questions Raised By The 1994 Amendments To Bankruptcy Code 547, Timothy R. Zinnecker
Missouri Law Review
In October 1994, Congress approved the Bankruptcy Reform Act of 1994,' which revised various provisions of the United States Bankruptcy Code. The revisions included two amendments to the preference statute, 11 U.S.C. §547. Historically, a creditor generally could preserve from preference attack an otherwise voidable purchase money security interest if the creditor perfected its security interest no later than the tenth day after the debtor first possessed the collateral. After first discussing the basics of a preference attack on an Article Nine security interest, this article summarizes the leading cases that prompted Congress to amend 11 U.S.C. § 547(c)(3)(B), suggests …
Unlikely Pair: Equitable Construction And The Irc--Supreme Court Construes The Irc To Permit Third Party Standing To Challenge The Tax Collection Activities Of The Irs, An, Robert F. Epperson Jr.
Unlikely Pair: Equitable Construction And The Irc--Supreme Court Construes The Irc To Permit Third Party Standing To Challenge The Tax Collection Activities Of The Irs, An, Robert F. Epperson Jr.
Missouri Law Review
To bring suit against the Internal Revenue Service [hereinafter "Service"] a taxpayer must first cite an act of Congress which waives the Service's protection from lawsuits under the doctrine of sovereign immunity. 28 U.S.C. § 1346(a)(1) permits an individual to bring an action in the district courts for recovery of taxes alleged to have been wrongfully collected by the federal government. The scope of this section, unfortunately, is in dispute as to who has standing to challenge the collection activities of the Internal Revenue Service. As a general rule, citizens cannot challenge the tax liabilities of a third party There …
Statutory Construction And Judicial Policy-Making Impact Whether Title Vii's Definition Of Employer Imposes Individual Liability Upon An Agent, Cheryl L. Feutz
Statutory Construction And Judicial Policy-Making Impact Whether Title Vii's Definition Of Employer Imposes Individual Liability Upon An Agent, Cheryl L. Feutz
Missouri Law Review
Title VII of the Civil Rights Act of 19642 ("Title VII") prohibits employment discrimination Although no question exists that "employers" are liable for their discriminatory acts as well as for their agents' acts that occur within the scope of employment,4 a conflict exists among the federal circuits regarding whether Title VII's definition of "employer" also imposes individual liability upon the employer's agent. The Seventh Circuit answered this question for its circuit in Williams v. Banning.'
Miranda In Custody Determinations: Mixed Question Of Fact And Law, Avani S. Kherdekar
Miranda In Custody Determinations: Mixed Question Of Fact And Law, Avani S. Kherdekar
Missouri Law Review
This Note explores how the "in custody" determination was historically viewed and addresses the impact of the Court's holding that it is a "mixed" question of fact and law