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Full-Text Articles in Law
California’S New Ethics Standards: A Hot Bed Of Controversy, Rebecca Callahan
California’S New Ethics Standards: A Hot Bed Of Controversy, Rebecca Callahan
ExpressO
The article examines California’s new ethics rules and examines the cases which have been decided to date challenging and applying those rules. The stated goals of the New Ethics Rules are “to inform and protect participants in arbitration, and to promote public confidence in the arbitration process.” This is a laudable goal since arbitration is a private process that is dependent on public acceptance. The heart of the controversy concerning the New Ethics Rules revolves around the practical inconvenience and cost burden associated with compliance. The enclosed article concludes that such a burden goes hand-in-hand with the privilege of being …
Sailing Around Erie:The Emergence Of A Federal General Common Law Of Arbitration, Kenneth Dunham
Sailing Around Erie:The Emergence Of A Federal General Common Law Of Arbitration, Kenneth Dunham
ExpressO
This paper traces the history of American arbitration from the common law to the FAA. It discusses the FAA as a procedural act prior to Southland v. Keating and as a substantive law act following Southland. It discusses the Erie doctrine as applicable to federal courts and state law preemption. The article concludes that Southland by-passed Erie using the Commerce Clause and the Supremacy Clause to create a federal common law of arbitration.