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Full-Text Articles in Law
Reexamining Arbitral Immunity In An Age Of Mandatory And Professional Arbitration, Maureen A. Weston Prof.
Reexamining Arbitral Immunity In An Age Of Mandatory And Professional Arbitration, Maureen A. Weston Prof.
Maureen A Weston
In the past ten to twenty years, the use of arbitration as a form of private dispute resolution has proliferated as a result of mandatory predispute and form arbitration contracts between corporate entities and their customers, patients, or employees. This increase has spawned a market for professional private arbitrators and an industry of private businesses that provide arbitration support and administrative services (provider institutions). Under the doctrine of arbitral immunity, both arbitrators and provider institutions are immune from civil liability. The result of this immunity, however, is that parties injured by arbitral misconduct have limited recourse and no effective remedy. …
Employer's Exclusive Control Over Selection Of Arbitrators Held Invalid, Adam Epstein
Employer's Exclusive Control Over Selection Of Arbitrators Held Invalid, Adam Epstein
Adam Epstein
Discussion of the 2003 Sixth Circuit Court of Appeals case McMullen v. Meijer, Inc. While alternative forms of dispute resolution such as arbitration and mediation are now commonplace and are effectively utilized to avoid litigation and resolve disputes between employers and employees, the procedure in the arbitration process must be fair. Upon the hire, employers often provide their employees with an employment handbook that specifically discusses procedures involving termination. Often the employee handbook, if one exists, is viewed as a contract and is often a first step in determining the proper method of dispute resolution and procedure. In this case, …
Arbitration Clauses, Jury-Waiver Clauses And Other Contractual Waivers Of Constitutional Rights, Stephen Ware
Arbitration Clauses, Jury-Waiver Clauses And Other Contractual Waivers Of Constitutional Rights, Stephen Ware
Stephen Ware
Consenting to a contract containing an arbitration clause or a jury-waiver clause alienates or waives the Seventh Amendment jury-trial right in federal court. The standards of consent in arbitration law, however, tend to be lower than the standards of consent in the federal caselaw governing jury-waiver clauses. The Federal Arbitration Act (FAA) requires courts to apply contract law's standards of consent to arbitration agreements, while certain commentators argue that courts are instead constitutionally required to apply the higher standards of consent (knowing consent) found in the caselaw governing jury-waiver clauses. This article responds to these commentators and argues that the …
The Source Of Alabama's Abundance Of Arbitration Cases: Alabama's Bizarre Law Of Damages For Mental Anguish, Stephen Ware
The Source Of Alabama's Abundance Of Arbitration Cases: Alabama's Bizarre Law Of Damages For Mental Anguish, Stephen Ware
Stephen Ware
This Article gives an overview of arbitration litigation in Alabama, including the evolution of mental anguish jurisprudence in contract cases, especially with regard to the automobile and home industries; a proposal to bring Alabama law in line with controlling authorities through substantive and procedural reforms; and an appendix listing a decade of arbitration cases decided by Alabama appellate courts.