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Articles 1 - 6 of 6

Full-Text Articles in Law

Mandatory Recall Authority: A Sensible And Minimalist Approach To Improving Food Safety, Michael T. Roberts Apr 2004

Mandatory Recall Authority: A Sensible And Minimalist Approach To Improving Food Safety, Michael T. Roberts

ExpressO

No abstract provided.


“Volunteering” To Arbitrate Through Predispute Arbitration Clauses: The Average Consumer’S Experience, Linda J. Demaine, Deborah R. Hensler Apr 2004

“Volunteering” To Arbitrate Through Predispute Arbitration Clauses: The Average Consumer’S Experience, Linda J. Demaine, Deborah R. Hensler

Law and Contemporary Problems

This article helps build the empirical foundation necessary for an informed debate regarding arbitration clauses in consumer contracts by providing preliminary insight into how businesses' use of these clauses affects consumers' ability to pursue their legal rights. To this end, the article reports the results of a study investigating, in a wide variety of consumer purchases, the frequency with which the average consumer encounters arbitration clauses, the key provisions of these clauses, and the implications of these clauses for consumers who subsequently have disputes with businesses they patronize.


Using Arbitration To Eliminate Consumer Class Actions: Efficient Business Practice Or Unconscionable Abuse?, Jean R. Sternlight, Elizabeth J. Jensen Apr 2004

Using Arbitration To Eliminate Consumer Class Actions: Efficient Business Practice Or Unconscionable Abuse?, Jean R. Sternlight, Elizabeth J. Jensen

Law and Contemporary Problems

Companies are increasingly using arbitral class action prohibitions to insulate themselves from class action liability. These prohibitions are detrimental not only to potential class members but to the public at large in that they are preventing the law from being adequately enforced. In essence, by precluding class actions, companies are engaging in "do-it-yourself tort reform," freeing themselves from liability without having to convince legislatures to change the substantive law.


A Behavioral Analysis Of Private Judging, Christopher R. Drahozal Apr 2004

A Behavioral Analysis Of Private Judging, Christopher R. Drahozal

Law and Contemporary Problems

Businesses cite arbitration as a way to avoid aberrant jury verdicts, implicitly if not explicitly assuming that arbitrators make "better" decisions than juries. By contrast, consumer advocates criticize arbitration as a way for businesses to avoid paying damages to deserving claimants, effectively assuming that juries make better decisions than arbitrators. These conflicting perspectives pose an important question in the debate over predispute arbitration clauses in consumer contracts: How do decisions by arbitrators compare to decisions by juries?


The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz Apr 2004

The High Cost Of Mandatory Consumer Arbitration, Mark E. Budnitz

Law and Contemporary Problems

This article critically examines a sampling of arbitration agreements and the rules of the major arbitration service providers and concludes that the cost of arbitration is often prohibitively high, either because consumers simply cannot afford the fees attendant to filing and prosecuting a claim or because the costs of bringing a claim outweigh the benefits of any potential remedies.


Death And Resurrection Of Secured Credit, James J. White Jan 2004

Death And Resurrection Of Secured Credit, James J. White

Articles

The Bankruptcy Reform Act of 1978 (the Code) posed palpable threats to secured creditors. It was drafted by a commission that was at least as concerned with the rights of debtors as with the rights of creditors. It was modified and adopted by a Congress that might have been the most liberal since World War II and signed into law by President Carter at the apogee of the left's power, two years before the Reagan election that marked the rise of the right and the beginning of the left's decline. The power of the left was exerted most forcefully on …