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Series

2009

Faculty Articles

Ramona L. Lampley

Articles 1 - 2 of 2

Full-Text Articles in Law

Is Arbitration Under Attack?: Exploring The Recent Judicial Skepticism Of The Class Arbitration Waiver And Innovative Solutions To The Unsettled Legal Landscape, Ramona L. Lampley Jan 2009

Is Arbitration Under Attack?: Exploring The Recent Judicial Skepticism Of The Class Arbitration Waiver And Innovative Solutions To The Unsettled Legal Landscape, Ramona L. Lampley

Faculty Articles

Courts have become increasingly likely in recent years to find class arbitration waivers in consumer product sales unenforceable due to the lack of incentives for consumers and their attorneys to recover for "low value" claims. This article explores the history of the unconscionability and vindication-of-statutory rights doctrines invoked by those courts. It then analyzes the progression of the class arbitration waiver in the consumer products industry, with emphasis on the third-generation "incentivizing" agreement. This "incentivizing" agreement, if viewed at the time of the purchase agreement, can be mutually beneficial to seller and consumer. Some consumers may wish to forego the …


In Memoriam: The Honorable Judge Philip S. Figa (1951-2008), Ramona L. Lampley Jan 2009

In Memoriam: The Honorable Judge Philip S. Figa (1951-2008), Ramona L. Lampley

Faculty Articles

Judge Phillip S. Figa lived a life that is rich in consequence, and our country is a better place because of his labors. President George W. Bush nominated Judge Figa to the United States District Court for the District of Colorado. The nomination "breezed" through the Senate, and confirmation occurred in October 2003. Attached to his reading glasses case, on his judicial bench, Judge Figa kept a list of five simple principles.

That he gave himself a constant reminder of these principles as he sat on the bench shows his resolve to fulfill those expectations himself. Judge Figa was extremely …