Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Contracts (4)
- Labor and Employment Law (3)
- Air and Space Law (2)
- Constitutional Law (2)
- Consumer Protection Law (2)
-
- Entertainment, Arts, and Sports Law (2)
- Legal Education (2)
- Legal Writing and Research (2)
- Aerospace Engineering (1)
- Animal Law (1)
- Animal Sciences (1)
- Civil Rights and Discrimination (1)
- Dispute Resolution and Arbitration (1)
- Engineering (1)
- Internet Law (1)
- Law and Society (1)
- Life Sciences (1)
- Poultry or Avian Science (1)
- Public Affairs, Public Policy and Public Administration (1)
- Science and Technology Law (1)
- Science and Technology Studies (1)
- Social and Behavioral Sciences (1)
- Torts (1)
- Transportation (1)
- Publication
- File Type
Articles 1 - 8 of 8
Full-Text Articles in Law
Self-Defense Against Robots, A. Michael Froomkin, Zak Colangelo
Self-Defense Against Robots, A. Michael Froomkin, Zak Colangelo
A. Michael Froomkin
This paper examines when, under U.S. law, humans may use force against robots to protect themselves, their property, and their privacy. May a landowner legally shoot down a trespassing drone? May she hold a trespassing autonomous car as security against damage done or further torts? Is the fear that a drone may be operated by a paparazzo or a peeping Tom sufficient grounds to disable or interfere with it? How hard may you shove if the office robot rolls over your foot? This paper addresses all those issues and one more: what rules and standards we could put into place …
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand
Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand
Michael A Helfand
This article sketches some possible limitations on the impact AT&T Mobility v. Concepcion will have going forward. While many have seen the Supreme Court’s decision as simultaneously signaling an end to the viability of class action lawsuits and undermining principles of federalism, there may be reasons to believe that it will not have implications quite so far reaching. Specifically, this article proposes three reasons why Concepcion’s impact may be limited. First, the decision lends itself to a more narrow reading, which simply demands that courts take the entire of an arbitration agreement into account before deploying common law defenses to …
Aviation Wildlife Hazard - Uk Flight Safety Committee, Paul F. Eschenfelder
Aviation Wildlife Hazard - Uk Flight Safety Committee, Paul F. Eschenfelder
Paul F. Eschenfelder
No abstract provided.
Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman
Discrimination Cases In The 2001 Term Of The Supreme Court (Symposium: The Fourteenth Annual Supreme Court Review), Eileen Kaufman
Eileen Kaufman
No abstract provided.
Discrimination Cases In The 2000 Term, Eileen Kaufman
Discrimination Cases In The 2000 Term, Eileen Kaufman
Eileen Kaufman
No abstract provided.
Arbitration Provisions: Little Darlings And Little Monsters, Stephen Friedman
Arbitration Provisions: Little Darlings And Little Monsters, Stephen Friedman
Stephen E Friedman
This Article takes a new approach to resolving the growing tension between the Federal Arbitration Act (FAA) and the unconscionability doctrine. While arbitration provisions are favored under the FAA, they are viewed far more skeptically by courts applying unconscionability to refuse enforcement of one-sided arbitration provisions. This tension, which has increased dramatically in recent years, represents a major fault line in contract law. Jurisprudence and commentary on this issue have assumed that courts have the authority to apply the unconscionability doctrine to arbitration provisions. This Article refutes that assumption, taking the position that Congress, in passing the FAA, removed from …
Better To Have Tried And Failed Than Never To Have Tried Mediation At All: Implications Of Mandatory Mediation In Fisher V. Ge Medical Systems, Adam Epstein
Adam Epstein
A discussion of the 2003 case, Fisher v. GE Medical Systems that helped to shape the issue of whether or not mandatory mediation clauses in employment handbooks constitute “arbitration” under the Federal Arbitration Act (FAA). Several courts in different jurisdictions have interpreted arbitration and mediation as the same, especially in circumstances involving the Fair Labor Standards Act (FLSA).
Employer's Exclusive Control Over Selection Of Arbitrators Held Invalid, Adam Epstein
Employer's Exclusive Control Over Selection Of Arbitrators Held Invalid, Adam Epstein
Adam Epstein
Discussion of the 2003 Sixth Circuit Court of Appeals case McMullen v. Meijer, Inc. While alternative forms of dispute resolution such as arbitration and mediation are now commonplace and are effectively utilized to avoid litigation and resolve disputes between employers and employees, the procedure in the arbitration process must be fair. Upon the hire, employers often provide their employees with an employment handbook that specifically discusses procedures involving termination. Often the employee handbook, if one exists, is viewed as a contract and is often a first step in determining the proper method of dispute resolution and procedure. In this case, …