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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.
Major Lenders' May Violate Due Process By Enforcing One-Sided Arbitration Contracts To Avoid Borrowers' Defenses To Foreclosure, Lynn E. Cunningham
Major Lenders' May Violate Due Process By Enforcing One-Sided Arbitration Contracts To Avoid Borrowers' Defenses To Foreclosure, Lynn E. Cunningham
ExpressO
ARTICLE SUMMARY: Many major, contemporary players in the huge sub-prime U.S. mortgage lending market require their borrowers to execute loan agreement riders requiring arbitration of all disputes with regard to the loan transaction, but with the significant exception of the lender’s right to foreclose. While such agreements have frequently been challenged on unconscionability grounds, enforcement of the ex parte aspects of such contracts also raises concerns about compliance with procedural aspects of the Due Process Clause, when either lender enforcement of the loan agreement itself or foreclosure is sought through the courts. Foreclosure normally occurs more promptly than arbitration, and …