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What Makes Securities Arbitration Different From Other Consumer And Employment Arbitration?, Stephen Ware
What Makes Securities Arbitration Different From Other Consumer And Employment Arbitration?, Stephen Ware
Stephen Ware
This short piece emphasizes what makes consumer and employment arbitration in the securities industry different from consumer and employment arbitration generally. Securities law imposes non-contractual duties to arbitrate on both broker-dealers and securities employees. I believe these laws are bad policy because they restrict contractual freedom. I conclude that securities arbitration should be contractual, like other arbitration.
Arbitration Law's Separability Doctrine After Buckeye Check Cashing, Inc. V. Cardegna, Stephen Ware
Arbitration Law's Separability Doctrine After Buckeye Check Cashing, Inc. V. Cardegna, Stephen Ware
Stephen Ware
The recent case of Buckeye Check Cashing, Inc. v. Cardegna, is only the second Supreme Court decision applying the separability doctrine and it comes nearly forty years after the Court's first separability decision, Prima Paint Corp. v. Flood & Conklin Manufacturing Co. Arbitration's tremendous growth during those forty years - and the arrival of Buckeye - make this an opportune time to assess the current state of the separability doctrine. In doing that, this article will analyze Prima Paint and Buckeye and discuss the separability issues they leave unresolved. Finally, this article will critique the separability doctrine and call for …