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Full-Text Articles in Law
Contracting Out Of Process, Contracting Out Of Corporate Accountability: An Argument Against Enforcement Of Pre-Dispute Limits On Process, Meredith R. Miller
Contracting Out Of Process, Contracting Out Of Corporate Accountability: An Argument Against Enforcement Of Pre-Dispute Limits On Process, Meredith R. Miller
Meredith R. Miller
There have been many well-articulated and convincing critiques aimed at mandatory arbitration. Indeed, presently before Congress is proposed legislation titled the Arbitration Fairness Act, that would ban pre-dispute arbitration in the consumer, franchise and employment contexts. However, maligned as the plaintiff bar's pro-lawsuit legislation, the Arbitration Fairness Act is predicted to have very little chance of enactment. Consequently, across varying industries, the pre-dispute arbitration regime endures unheedingly. Thus, this Article sets aside the arguments aimed generally at pre-dispute arbitration clauses and, instead, sets its sights on some of the terms that seem to arise in such clauses. The focus here …
Market Efficiency And Securities Litigation: Implications Of The Appellate Decision In Thane, Bradford Cornell
Market Efficiency And Securities Litigation: Implications Of The Appellate Decision In Thane, Bradford Cornell
Bradford Cornell
The recent Ninth Circuit decision in Miller v. Thane International, Inc. is a significant innovation that brings legal precedent regarding market efficiency more in line with current thinking in financial economics. Prior to Thane there was a tendency for courts to view financial markets as being either efficient or not. This is contrary to academic thinking in finance where scholars have come to accept that financial markets can never be fully efficient or completely inefficient. Instead financial markets, like physical systems, are better thought of as evidencing relative degrees of efficiency. By reaching the conclusion that the hurdle for assessing …