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Full-Text Articles in Law
Consideration Of 'Contracting Culture' In Enforcing Arbitration Provisions, Amy J. Schmitz
Consideration Of 'Contracting Culture' In Enforcing Arbitration Provisions, Amy J. Schmitz
Faculty Publications
The Federal Arbitration Act mandates strict and uniform enforcement of standardized pre-dispute arbitration provisions. This may not be proper, however, in light of the importance of context with respect to these provisions. This Article therefore seeks to remind courts of the importance of exchange context by proposing a "contracting culture" continuum for enforcing these arbitration provisions that acknowledges the impacts of these provisions in a particular communal context. "Contracting culture" encompasses economic and non-economic relational factors that impact dispute resolution agreements, but go beyond common conceptions of "culture" focused on ethnicity, nationality, or religion. It also explores beyond the primary …
Walmart's Other Woman Problem: Sprawl And Work-Family Balancing, Katharine B. Silbaugh
Walmart's Other Woman Problem: Sprawl And Work-Family Balancing, Katharine B. Silbaugh
Faculty Scholarship
Wal-Mart is often said to be bad for its workers, including those workers in its production chain in developing countries, and good for its consumers, most of whom are women. Most people argue that its consumers gain from low prices. This brief essay argues that consumers absorb a share of the costs of Wal-Mart's low prices. Contrary to intuition, Wal-Mart may increase significantly the financial and time pressures on its shoppers, the majority of whom can ill-afford increases in either. Most small retail is sited to take advantage of travel routines people have already established to meet their residential and …
Bankruptcy Pro Bono Representation Of Consumers: The Seven Deadly Sins, Nancy B. Rapoport, Roland Bernier Iii
Bankruptcy Pro Bono Representation Of Consumers: The Seven Deadly Sins, Nancy B. Rapoport, Roland Bernier Iii
Scholarly Works
This article attempts to walk the reader through the morass left by BAPCPA, using the seven deadly sins as its motif.
In Defense Of Mandatory Arbitration (If Imposed On The Company), Jean R. Sternlight
In Defense Of Mandatory Arbitration (If Imposed On The Company), Jean R. Sternlight
Scholarly Works
Having spent much of her academic life battling companies' mandatory imposition of binding arbitration on consumers and employees, the author now switches gears. This Article contemplates whether mandatory binding arbitration is acceptable if imposed by the government on companies (governmental mandatory arbitration) rather than by companies on their employees and consumers (private mandatory arbitration). Specifically, the Article considers the possibility of statutes that would provide little guys (consumers and employees) with an opportunity to take their disputes to binding arbitration rather than litigation. If the little guys chose arbitration over litigation, post-dispute, companies would have to agree to such arbitration, …