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Full-Text Articles in Law

The Addition Of The "Manifest Disregard Of The Law" Defense To Georgia's Arbitration Code And Potential Conflicts With Federal Law, David Boohaker Dec 2004

The Addition Of The "Manifest Disregard Of The Law" Defense To Georgia's Arbitration Code And Potential Conflicts With Federal Law, David Boohaker

Georgia State University Law Review

No abstract provided.


Reply To Judge Easterbrook: Regarding History As A Judicial Duty, Harry F. Tepker Jan 2004

Reply To Judge Easterbrook: Regarding History As A Judicial Duty, Harry F. Tepker

Oklahoma Law Review

No abstract provided.


At The Crossroads Of Federalism And Arbitration: The Application Of Prima Paint To Purportedly Void Contracts, Pierre H. Bergeron Jan 2004

At The Crossroads Of Federalism And Arbitration: The Application Of Prima Paint To Purportedly Void Contracts, Pierre H. Bergeron

Kentucky Law Journal

No abstract provided.


Better To Have Tried And Failed Than Never To Have Tried Mediation At All: Implications Of Mandatory Mediation In Fisher V. Ge Medical Systems, Adam Epstein Dec 2003

Better To Have Tried And Failed Than Never To Have Tried Mediation At All: Implications Of Mandatory Mediation In Fisher V. Ge Medical Systems, Adam Epstein

Adam Epstein

A discussion of the 2003 case, Fisher v. GE Medical Systems that helped to shape the issue of whether or not mandatory mediation clauses in employment handbooks constitute “arbitration” under the Federal Arbitration Act (FAA). Several courts in different jurisdictions have interpreted arbitration and mediation as the same, especially in circumstances involving the Fair Labor Standards Act (FLSA).


Employer's Exclusive Control Over Selection Of Arbitrators Held Invalid, Adam Epstein Dec 2003

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, …