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Full-Text Articles in Law

C-Drum News, Fall 2017 Oct 2017

C-Drum News, Fall 2017

The C-DRUM News

No abstract provided.


Newsroom: Rwu Law Welcomes New Director Of Business Law Programs And The Corporate Counsel Externship Program July 19, 2017, Roger Williams University School Of Law Jul 2017

Newsroom: Rwu Law Welcomes New Director Of Business Law Programs And The Corporate Counsel Externship Program July 19, 2017, Roger Williams University School Of Law

Life of the Law School (1993- )

New


Report On The 2016 Rent Court Adr Pilot For The District Court Of Maryland In Baltimore City, Center For Dispute Resolution At The University Of Maryland Baltimore May 2017

Report On The 2016 Rent Court Adr Pilot For The District Court Of Maryland In Baltimore City, Center For Dispute Resolution At The University Of Maryland Baltimore

C-DRUM Publications

No abstract provided.


The Cfpb Proposed Arbitration Ban, The Rule, The Data, And Some Considerations For Change, Ramona L. Lampley May 2017

The Cfpb Proposed Arbitration Ban, The Rule, The Data, And Some Considerations For Change, Ramona L. Lampley

Faculty Articles

Predispute consumer arbitration has sparked energetic debate and sharply divides the utility of the class action versus the utility of individual arbitration. Thus far, the U.S. Supreme Court’s jurisprudence has given a “thumbs up” approach to predispute consumer arbitration waivers, which almost always include a class waiver agreement. Congress showed little interest in amending the Federal Arbitration Act (“FAA”), even for consumer cases. It seems that consumer arbitration was the “wild west” of the law, in that it was largely unregulated and could direct claims to the black hole of private dispute resolution. In May 2016, the Consumer Financial Protection …


The Continuing Evolution Of U.S. Judgments Recognition Law, Ronald A. Brand Jan 2017

The Continuing Evolution Of U.S. Judgments Recognition Law, Ronald A. Brand

Articles

The substantive law of judgments recognition in the United States has evolved from federal common law, found in a seminal Supreme Court opinion, to primary reliance on state law in both state and federal courts. While state law often is found in a local version of a uniform act, this has not brought about true uniformity, and significant discrepancies exist among the states. These discrepancies in judgments recognition law, combined with a common policy on the circulation of internal judgments under the United States Constitution’s Full Faith and Credit Clause, have created opportunities for forum shopping and litigation strategies that …


Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods, Jeffrey W. Stempel Jan 2017

Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods, Jeffrey W. Stempel

Scholarly Works

Arbitration between insurers and reinsurers – those who insure insurance companies – should logically run as smoothly as any arbitration process. Like the traditional commercial arbitration that drove enactment of the Federal Arbitration Act, reinsurance arbitration involves experienced actors in a confined industry in which the parties should be constructively aware of the rules, norms, customs and practices of the industry. But in spite of this, reinsurance arbitration experiences consistent problems of which the participants complain. This article reviews the complaints and exams possible solutions – including the possibility of arbitrating less and litigating more. Although these possible solutions would …