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Farm Tractors In Kansas: How To Perfect A Security Interest, Stephen Ware, Aaron K. Johnstun
Farm Tractors In Kansas: How To Perfect A Security Interest, Stephen Ware, Aaron K. Johnstun
Stephen Ware
Widespread enactment of the Uniform Commercial Code (UCC) occurred nearly half a century ago. Even so, significant non-uniformities in commercial law remain. One is the method of perfecting a security interest in a farm tractor.
What Makes Securities Arbitration Different From Other Consumer And Employment Arbitration?, Stephen Ware
What Makes Securities Arbitration Different From Other Consumer And Employment Arbitration?, Stephen Ware
Stephen Ware
This short piece emphasizes what makes consumer and employment arbitration in the securities industry different from consumer and employment arbitration generally. Securities law imposes non-contractual duties to arbitrate on both broker-dealers and securities employees. I believe these laws are bad policy because they restrict contractual freedom. I conclude that securities arbitration should be contractual, like other arbitration.
Selection To The Kansas Supreme Court, Stephen Ware
Selection To The Kansas Supreme Court, Stephen Ware
Stephen Ware
Kansas is the only state in the union that gives the members of its bar majority control over the selection of state supreme court justices. The bar consequently may have more control over the judiciary in Kansas than in any other state. This process for selecting justices to the Kansas Supreme Court is described by the organized bar as a “merit,” rather than political, process. Other observers, however, emphasize that the process has a political side as well. This paper surveys debate about possible reforms to the Kansas Supreme Court selection process. These reforms would reduce the amount of control …
Arbitration Law's Separability Doctrine After Buckeye Check Cashing, Inc. V. Cardegna, Stephen Ware
Arbitration Law's Separability Doctrine After Buckeye Check Cashing, Inc. V. Cardegna, Stephen Ware
Stephen Ware
The recent case of Buckeye Check Cashing, Inc. v. Cardegna, is only the second Supreme Court decision applying the separability doctrine and it comes nearly forty years after the Court's first separability decision, Prima Paint Corp. v. Flood & Conklin Manufacturing Co. Arbitration's tremendous growth during those forty years - and the arrival of Buckeye - make this an opportune time to assess the current state of the separability doctrine. In doing that, this article will analyze Prima Paint and Buckeye and discuss the separability issues they leave unresolved. Finally, this article will critique the separability doctrine and call for …