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Articles 1 - 7 of 7
Full-Text Articles in Law
Confederated Tribes Of The Warm Springs Reservation Water Rights Settlement Agreement, Confederated Tribes Of The Warm Springs Reservation Et Al
Confederated Tribes Of The Warm Springs Reservation Water Rights Settlement Agreement, Confederated Tribes Of The Warm Springs Reservation Et Al
Native American Water Rights Settlement Project
Reservation, and long-term cooperative management of the waters. The Tribes shall not convert any existing non-consumptive use to a consumptive use. The Agreement designates the amounts of instream flows and diverted water for the Tribes. The Tribes have the first priority for their Tribal Reserved Water Right; however, existing State law water rights will not be curtailed in favor of the Tribal Reserved water right. The water right may be obtained from surface or groundwater. A part of the Tribal Reserved Water Right may be used off reservation, subject to federal, state and Tribal Law. While used on Reservation the …
Rethinking Appeal Of Arbitrability Decisions: When To Review That Which Long Process Could Not Arbitrate - F.C. Schaffer & (And) Associates, Inc. V. Demech Contractors, Ltd., Brian T. Mccartney
Rethinking Appeal Of Arbitrability Decisions: When To Review That Which Long Process Could Not Arbitrate - F.C. Schaffer & (And) Associates, Inc. V. Demech Contractors, Ltd., Brian T. Mccartney
Journal of Dispute Resolution
This Note will proceed in five sections. Section II will set forth the factual framework of the Schaffer case and the holding of the Fifth Circuit Section III will briefly examine the legal background behind the appeal of arbitrability rulings.9 Section IV will explore the analysis and decision of the Fifth Circuit in Schaffer.0 Finally, Section V will comment on the Schaffer court's holding and discuss its policy implications. This Note will conclude that 9 U.S.C. section 16 must be carefully examined and refined in order to meet the policy goals of arbitration.
Trial Procedure—An Analysis Of Arkansas's Exceptional Treatment Of The Contemporaneous Objection Rule In Criminal Bench Trials. Strickland V. State, 322 Ark. 312, 909 S.W.2d 318 (1995)., Dale D. Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Search And Seizure, Court Of Appeals, People V. Gonzalez
Search And Seizure, Court Of Appeals, People V. Gonzalez
Touro Law Review
No abstract provided.
Appeals Of Orders Compelling Arbitration In Embedded Proceedings Must Wait - Altman Nursing, Inc. V. Clay Capital Corp., Carla Kemp
Journal of Dispute Resolution
The enactment of § 16 of the Federal Arbitration Act (FAA) afforded courts with specific guidelines to follow in determining whether an order dealing with the arbitrability of a dispute is appealable. One issue, however, was not settled by the language of this statute. Altman Nursing, Inc. v. Clay Capital Corp. addresses this unresolved issue of whether an order compelling arbitration in the context of an embedded claim can be classified as final and immediately appealable
Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight
Rethinking The Constitutionality Of The Supreme Court's Preference For Binding Arbitration: A Fresh Assessment Of Jury Trial, Separation Of Powers, And Due Process Concerns, Jean R. Sternlight
Scholarly Works
Courts and commentators have typically assumed that binding arbitration is both private and consensual, and that it therefore raises no constitutional concerns. This Article challenges both assumptions and goes on to consider arguments that arbitration agreements may unconstitutionally deprive persons of their right to a jury trial, to a judge, and to due process of law. The author argues first that courts' interpretation of seemingly private arbitration agreements may often give rise to "state action," particularly where courts have used a "preference favoring arbitration over litigation" to construe a contract in a non-neutral fashion. The author next draws on the …
Patients' Rights In Managed Care - Exit, Voice, And Choice, George J. Annas
Patients' Rights In Managed Care - Exit, Voice, And Choice, George J. Annas
Faculty Scholarship
The ability of consumers to complain effectively about services and products is a key ingredient of the market. In Exit, Voice, and Loyalty, economist Albert O. Hirschman argues that the ability to take one's business elsewhere may not be enough to empower consumers in markets where all providers act similarly. Instead of simply going elsewhere, consumers need to have an effective way to voice their complaints, in order to give providers an incentive to be more responsive to consumers' interests. Marc Rodwin has suggested that the Hirschman analysis may be particularly relevant to members of managed-care organizations and ``individuals with …