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Articles 1 - 9 of 9

Full-Text Articles in Law

Incompetent Drafting And Complex Laws: Automatically Waiving Set-Aside Of Foreign Arbitration Awards In The United States, Tiina E. Vaisanen Oct 2012

Incompetent Drafting And Complex Laws: Automatically Waiving Set-Aside Of Foreign Arbitration Awards In The United States, Tiina E. Vaisanen

Cornell International Law Journal

No abstract provided.


Is Arbitration Under Attack: Exploring The Recent Judicial Skepticism Of The Class Arbitration Waiver And Innovative Solutions To The Unsettled Legal Landscape, Ramona L. Lampley Apr 2009

Is Arbitration Under Attack: Exploring The Recent Judicial Skepticism Of The Class Arbitration Waiver And Innovative Solutions To The Unsettled Legal Landscape, Ramona L. Lampley

Cornell Journal of Law and Public Policy

No abstract provided.


Waivers Of State Sovereign Immunity And The Ideology Of The Eleventh Amendment, Jonathan R. Siegel Apr 2003

Waivers Of State Sovereign Immunity And The Ideology Of The Eleventh Amendment, Jonathan R. Siegel

Duke Law Journal

States normally enjoy immunity from suit by private parties, but they may waive this immunity. The Supreme Court's steady contraction of other exceptions to the rule of state sovereign immunity has renewed interest in the previously little-discussed possibilities of waiver. This Article explores the boundaries of waiver doctrine. This Article shows that, prior to 1945, the Supreme Court-even as it enforced a broad, substantive rule of state sovereign immunity-applied a sensible doctrine of waiver that balanced the interests of states with those of private parties and the federal judicial system. The Court's traditional doctrine treated state sovereign immunity like the …


Can Compulsory Arbitration Be Reconciled With Section 7 Rights?, Ann C. Hodges Jan 2003

Can Compulsory Arbitration Be Reconciled With Section 7 Rights?, Ann C. Hodges

Law Faculty Publications

Employers are increasingly imposing arbitration agreements on their employees as a condition of employment. These agreements force the employees to arbitrate, rather than litigate, any legal claims arising out of their employment. For employees covered by the National Labor Relations Act, such agreements may impair their rights to engage in concerted activity, since litigation of employment claims is protected by Section 7. Employee rights to file class actions, consolidate claims, and seek broad injunctive relief are concerted actions that are particularly threatened by the move to compelled arbitration. The Article analyzes the impact of arbitration agreements on various forms of …


The Ninth Circuit Errs Again: The Quiet Title Act As A Bar To Judicial Review, E. John Athens Jr. Dec 2002

The Ninth Circuit Errs Again: The Quiet Title Act As A Bar To Judicial Review, E. John Athens Jr.

Alaska Law Review

No abstract provided.


Contractual Bankruptcy Waivers: Reconciling Theory Practice And Law , Marshall E. Tracht Jan 1997

Contractual Bankruptcy Waivers: Reconciling Theory Practice And Law , Marshall E. Tracht

Cornell Law Review

No abstract provided.


The Waiver Of Tribal Sovereign Immunity In The Contractual Context: Conflict Between The Ninth Circuit And The Alaska Supreme Court, Kenton Keller Pettit Dec 1993

The Waiver Of Tribal Sovereign Immunity In The Contractual Context: Conflict Between The Ninth Circuit And The Alaska Supreme Court, Kenton Keller Pettit

Alaska Law Review

No abstract provided.


Custodial Consents To Search In Alaska: A Waiver Approach, At Least Where Miranda Warnings Are Absent, Mark D. Gustafson Jun 1986

Custodial Consents To Search In Alaska: A Waiver Approach, At Least Where Miranda Warnings Are Absent, Mark D. Gustafson

Alaska Law Review

No abstract provided.


The Suits In Admiralty Act And The Implied Discretionary Function, Donald S. Ingraham Feb 1982

The Suits In Admiralty Act And The Implied Discretionary Function, Donald S. Ingraham

Duke Law Journal

No abstract provided.