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Articles 1 - 14 of 14
Full-Text Articles in Law
Rethinking American Arbitration, Thomas J. Stipanowich
Rethinking American Arbitration, Thomas J. Stipanowich
Indiana Law Journal
No abstract provided.
Preparing And Presenting An Arbitration, William L. Corbett
Preparing And Presenting An Arbitration, William L. Corbett
Faculty Journal Articles & Other Writings
This article draws a comparison between arbitration and the judicial process at the pre-hearing, hearing, and post-hearing stages.
Arbitration In Montana And The Need For New Legislation, William L. Corbett
Arbitration In Montana And The Need For New Legislation, William L. Corbett
Faculty Journal Articles & Other Writings
No abstract provided.
The Impact Of Arbitral Awards On The Development Of International Law: The Development Of The International Law Concerning The Taking Of Foreign-Owned Property, Rainer Gildeggen
The Impact Of Arbitral Awards On The Development Of International Law: The Development Of The International Law Concerning The Taking Of Foreign-Owned Property, Rainer Gildeggen
LLM Theses and Essays
The thesis concludes that arbitral awards do have an impact on the development of international law. It focuses on arbitral awards rendered in disputes between states and on those rendered in investment disputes between states and aliens. In Chapter II theoretical considerations concerning the influence of arbitral awards on the development of the international law are made. Chapter III, which examines the impact of arbitral awards on the development of some rules of the international law concerning the taking of foreign-owned property, illustrates the role which arbitral awards rendered in investment disputes play in the development of international law.
The Reception Of Arbitration In United States Law, Thomas E. Carbonneau
The Reception Of Arbitration In United States Law, Thomas E. Carbonneau
Journal Articles
The willingness of any national legal system to endorse the process of arbitral adjudication can be measured by whether its governing statutory law and accompanying case law sustain the validity of arbitration agreements and limit judicial supervision of arbitral proceedings and awards - in effect, whether the laws of a nation establish a cooperative relationship between the courts and the arbitral process. On both scores, United States law on arbitration evinces a clear determination to support the process. The development of the law has given the framework of arbitral adjudication its necessary systemic autonomy.
Unions And Urinalysis, Deborah A. Schmedemann
Unions And Urinalysis, Deborah A. Schmedemann
Faculty Scholarship
Many private employers seem to be busy deciding whether and how to test employees for drug use. Presumably most of these decisions are made by management acting alone. However, in unionized workplaces—one out of five private sector employees are represented by unions—federal labor law prescribes a different method. That method features collective bargaining by unions and management to set the rules, the use of a private third-party neutral to resolve disputes which arise under those rules (arbitration), and relatively little involvement by the government (the National Labor Relations Board, legislatures, and the courts). This system that labor law prescribes for …
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Report On Survey Of The Bar, Committee On Federal Courts Of The New York State Bar Association
Touro Law Review
No abstract provided.
Shearson/American Express V. Mcmahon: The Expanding Scope Of Securities Arbitration, Patricia A. Shub
Shearson/American Express V. Mcmahon: The Expanding Scope Of Securities Arbitration, Patricia A. Shub
Nova Law Review
Brokerage firms usually require that investors who open stock or commodities accounts execute a written customer agreement.
Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine
Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine
Articles
proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.
The Public Policy Exception To Judicial Deferral Of Labor Arbitration Awards--How Far Should Expansion Go, James Michael Magee
The Public Policy Exception To Judicial Deferral Of Labor Arbitration Awards--How Far Should Expansion Go, James Michael Magee
South Carolina Law Review
No abstract provided.
New Remedies For The Next Century Of Judicial Reform: Time As The Greatest Innovator, Irving R. Kaufman
New Remedies For The Next Century Of Judicial Reform: Time As The Greatest Innovator, Irving R. Kaufman
Fordham Law Review
No abstract provided.
Securities Arbitration After Mcmahon, Constantine N. Katsoris
Securities Arbitration After Mcmahon, Constantine N. Katsoris
Fordham Urban Law Journal
In Shearson/American Express, Inc. v. McMahon, the Supreme Court decided that federal securities claims under the Securities Exchange Act of 1934 (1934 Act or Exchange Act) are arbitrable. Since McMahon, there has been a flurry of activity in, and focus upon, the general area of arbitration of public securities disputes. This activity has generated particular interest in such subjects as: arbitration forums; pre-trial procedures and discovery; remedies and relief; composition of panels; training, background and evaluation of arbitrators; and the rendering of written opinions. In discussing many of these areas, this Article will track the history of securities arbitration before …
To Arbitrate Or Not To Arbitrate - The Protection Of Rights Under The Age Discrimination In Employment Act - Steck V. Smith Barney, Harris Upham & (And) Co., Thomas D. Rodenberg
To Arbitrate Or Not To Arbitrate - The Protection Of Rights Under The Age Discrimination In Employment Act - Steck V. Smith Barney, Harris Upham & (And) Co., Thomas D. Rodenberg
Journal of Dispute Resolution
The attempt to compel arbitration in a dispute involving federal statutory rights given judicial protection brings into tension two firmly established national policies. On one side, there is the national policy as set forth in the Federal Arbitration Act' (hereinafter Arbitration Act) which strongly favors arbitration agreements.' On the other side, there is the national policy of providing broad access to the courts as the means of enforcing certain statutorily granted rights.' The tension is created when an individual bound by an arbitration agreement raises a claim based on a federal statutory right which is judicially protected. This is precisely …
Recent Developments: The Uniform Arbitration Act
Recent Developments: The Uniform Arbitration Act
Journal of Dispute Resolution
The National Conference of Commissioners on Uniform State Laws in 1955 proposed the Uniform Arbitration Act [hereinafter U.A.A.] A large number of states have adopted arbitration statutes based upon the U.A.A. 8 The purpose of this survey is to explain the principles underlying recent court decisions interpreting the U.A.A. and provide a framework for analyzing future cases.'