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Articles 192841 - 192870 of 546107
Full-Text Articles in Law
Full Of Sound And Fury, Signifying Nothing: Second Circuit Chides Employer's Unfair Arbitration Terms, Tet Still Enforces Agreement, Michael C. Barbarula
Full Of Sound And Fury, Signifying Nothing: Second Circuit Chides Employer's Unfair Arbitration Terms, Tet Still Enforces Agreement, Michael C. Barbarula
Arbitration Law Review (2009 - Present)
No abstract provided.
Ohio Appellate Court Holds That Statutorily Authorized Awards Of Attorney's Fees Are Properly Decided By Arbitrators, Nick Fox
Arbitration Law Review (2009 - Present)
No abstract provided.
The Court's Power To Grant Preliminary Injunctions In C Ases Where Arbitration Is Pending, Dwight A. Decker Jr.
The Court's Power To Grant Preliminary Injunctions In C Ases Where Arbitration Is Pending, Dwight A. Decker Jr.
Arbitration Law Review (2009 - Present)
No abstract provided.
The Increasing Need For Arbitration In Action Sports, Rachel Bires
The Increasing Need For Arbitration In Action Sports, Rachel Bires
Arbitration Law Review (2009 - Present)
No abstract provided.
Mobil V. Venezuela: The Nationality Requirement Under The Icsid Convention, Roberto Castro De Figueiredo
Mobil V. Venezuela: The Nationality Requirement Under The Icsid Convention, Roberto Castro De Figueiredo
Arbitration Law Review (2009 - Present)
No abstract provided.
A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park
A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park
Arbitration Law Review (2009 - Present)
No abstract provided.
Ninth Circuit Denies Insurer's Gamble On Vacatur In Nevada, Emma M. Kline
Ninth Circuit Denies Insurer's Gamble On Vacatur In Nevada, Emma M. Kline
Arbitration Law Review (2009 - Present)
No abstract provided.
Amidst 24/7 Media Climate, Siac Provides For Speedy Process And Emergency Relief, Nathan C. Volpi
Amidst 24/7 Media Climate, Siac Provides For Speedy Process And Emergency Relief, Nathan C. Volpi
Arbitration Law Review (2009 - Present)
No abstract provided.
The Supreme Court's Manifest Disregard Of The "Manifest Disregard" Doctrine: How Stolt-Neilsen V. Animalfeeds Expands Grounds For Judicial Review Of Arbitral Awards, Matthew C. Weiner
The Supreme Court's Manifest Disregard Of The "Manifest Disregard" Doctrine: How Stolt-Neilsen V. Animalfeeds Expands Grounds For Judicial Review Of Arbitral Awards, Matthew C. Weiner
Arbitration Law Review (2009 - Present)
No abstract provided.
Supreme Court Of Appeals Of West Virginia Takes Meritorious Claims Back Home To The Place They Belong, Emma Kline
Supreme Court Of Appeals Of West Virginia Takes Meritorious Claims Back Home To The Place They Belong, Emma Kline
Arbitration Law Review (2009 - Present)
No abstract provided.
From Past To Present: The Rules Of Arbitration Under The United Nations Commission On International Trade Law, Julia Rabich
From Past To Present: The Rules Of Arbitration Under The United Nations Commission On International Trade Law, Julia Rabich
Arbitration Law Review (2009 - Present)
No abstract provided.
International Investment And Commercial Arbitration: An Industry Perspective, Lauren Willis
International Investment And Commercial Arbitration: An Industry Perspective, Lauren Willis
Arbitration Law Review (2009 - Present)
No abstract provided.
A Tribunal's Manifest Excess Of Powers: An Examination Of Bit Preclusion, Melody Mahla
A Tribunal's Manifest Excess Of Powers: An Examination Of Bit Preclusion, Melody Mahla
Arbitration Law Review (2009 - Present)
No abstract provided.
Maryland Bill Provides Homeowners With Foreclosure Meidation Option, Jennifer Adams
Maryland Bill Provides Homeowners With Foreclosure Meidation Option, Jennifer Adams
Arbitration Law Review (2009 - Present)
No abstract provided.
Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 19, Iss. 3
Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 19, Iss. 3
Cardozo Journal of International and Comparative Law
No abstract provided.
Much Needed Reform In The Realm Of Public Morals: A Proposed Addition To The Gatt Article Xx(A) "Public Morals" Framework, Resulting From China-Audiovisual, Tyler M. Smith
Cardozo Journal of International and Comparative Law
The note examines the tension between free trade and moral considerations under the GATT and GATS frameworks, focusing on the public morals exceptions in Article XXa of the GATT and Article XIVa of the GATS. It critiques the WTO's current two-tiered jurisprudential framework, particularly the provisional justification standard, for insufficiently addressing the balance between trade restrictions and moral protections. The author proposes a more robust analytical framework requiring states invoking public morals exceptions to demonstrate substantial domestic legislative and executive efforts to protect those morals, ensuring such measures are not mere pretexts for protectionism. This approach aims to foster predictability, …
United States V. Ubs Ag: Has The United States Successfully Cracked The Vault To Swiss Banking Secrecy?, Eric M. Victorson
United States V. Ubs Ag: Has The United States Successfully Cracked The Vault To Swiss Banking Secrecy?, Eric M. Victorson
Cardozo Journal of International and Comparative Law
The article examines the legal and diplomatic efforts of the United States to combat tax evasion by American citizens using Swiss bank accounts, focusing on the landmark case of United States v. UBS AG. It highlights how the U.S. successfully challenged Switzerland's banking secrecy laws through treaty revisions and legal actions, ultimately achieving greater transparency and setting a precedent for international tax enforcement.
The Kiyemba Paradox: Creating A Judicial Framework To Eradicate Indefinite, Unlawful Executive Detentions, Samuel Chow
The Kiyemba Paradox: Creating A Judicial Framework To Eradicate Indefinite, Unlawful Executive Detentions, Samuel Chow
Cardozo Journal of International and Comparative Law
The article examines the Supreme Court's evolving role in reviewing detentions related to national security, particularly focusing on the writ of habeas corpus. It argues that while the Court has expanded habeas protections, significant limitations remain, especially in ordering release into the United States. The author contends that for habeas to be meaningful, courts must have the authority to grant "functional release," balancing individual liberty against executive powers. The analysis highlights key cases like Boumediene v. Bush, Munaf v. Geren, and Kiyemba v. Obama, which reveal the challenges in preventing indefinite detentions and the need for clearer …
Access To Network Services And Protection Of Constitutional Rights: Recognizing The Essential Role Of Internet Access For The Freedom Of Expression, Nicola Lucchi
Cardozo Journal of International and Comparative Law
In January 2010, after a troubled process, the French law for "creation and Internet," commonly known as "HADOPI 2," was finally adopted in an amended form. The enacted text was the result of corrective action undertaken by the Conseil constitutionnel [Constitutional Council] (France's highest constitutional authority), through Decision No. 2009580DC of the 10th of June 2009. In coming to its conclusion the Conseil constitutionnel examined the mechanism of sanctions introduced by the regulatory measure, assessing compliance with such fundamental rights and freedoms as the presumption of innocence, the separation of powers, the right of defense, the right to fair trial, …
The Judiciary In Political Transitions: The Critical Role Of U.S. Constitutionalism In Latin America, Nuno Garoupa, Maria A. Maldonado
The Judiciary In Political Transitions: The Critical Role Of U.S. Constitutionalism In Latin America, Nuno Garoupa, Maria A. Maldonado
Cardozo Journal of International and Comparative Law
This paper proposes a theory that explains how political transitions deal with incumbent judiciaries. We argue that a new political regime compares the benefit of reshaping the judiciary with loyal appointees against the political and economic costs of directly interfering, including the cost of international reputation. There are several forms of interventionism including court packing, court purging, and violence against the judiciary. We discuss political transitions in Europe and Latin American civil law jurisdictions through the lens of our theory. We argue that American constitutional influence plays a critical role. In addition, we provide a detailed analysis of the recent …
Regulatory Overlap, Overlapping Legal Fields, And Statutory Discontinuities, Todd S. Aagaard
Regulatory Overlap, Overlapping Legal Fields, And Statutory Discontinuities, Todd S. Aagaard
Faculty Publications
Lawmakers and scholars alike criticize regulatory overlap on the ground that giving administrative agencies overlapping jurisdiction leads to duplicative or conflicting regulation which is inefficient and unduly burdensome. This Article challenges this orthodox account of regulatory overlap through examination of six case studies in which the Environmental Protection Agency and the Occupational Safety and Health Administration have managed their jurisdictional overlap so as to create regulatory synergy rather than dysfunction. Although this Article is not the first to argue that regulatory overlap may improve the effectiveness of regulatory programs, the case studies examined here highlight two important aspects of regulatory …
Making Sand Castles As The Tide Comes In: Legal Aspects Of Climate Justice, Elizabeth Burleson
Making Sand Castles As The Tide Comes In: Legal Aspects Of Climate Justice, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
Achieving climate justice and the Millennium Development Goals (“MDGs”)2 are mutually reinforcing challenges. The achievement of both is well within the capacity of the international community. Indeed, reaching carbon neutrality in an affordable, environmentally sound way requires integrating the strategies of mitigation, adaptation, sustainable development, and disaster risk management.
Arbitration Ambush In A Policy Polemic, Amy J. Schmitz
Arbitration Ambush In A Policy Polemic, Amy J. Schmitz
Arbitration Law Review (2009 - Present)
No abstract provided.
The End Of Arbitration As We Know It? Arbitration Under Attack, David Allen Larson
The End Of Arbitration As We Know It? Arbitration Under Attack, David Allen Larson
Arbitration Law Review (2009 - Present)
No abstract provided.
The London Court Of International Arbitration Takes Root In India And Encourages Growth In Commercial Markets, Julia Rabich
The London Court Of International Arbitration Takes Root In India And Encourages Growth In Commercial Markets, Julia Rabich
Arbitration Law Review (2009 - Present)
No abstract provided.
The Appearance Of Impropriety: The Importance Of Arbitrator Impartiality And Disclosure In Arbitration Proceedings, Yelena Rivtis
The Appearance Of Impropriety: The Importance Of Arbitrator Impartiality And Disclosure In Arbitration Proceedings, Yelena Rivtis
Arbitration Law Review (2009 - Present)
No abstract provided.
A Tale Of Two Systems: Hong Kong Vs. The People's Republic Of China, Peter Klein
A Tale Of Two Systems: Hong Kong Vs. The People's Republic Of China, Peter Klein
Arbitration Law Review (2009 - Present)
No abstract provided.
The Go-Between: Jan Eliasson And The Styles Of Mediation, Garret Brouwer
The Go-Between: Jan Eliasson And The Styles Of Mediation, Garret Brouwer
Arbitration Law Review (2009 - Present)
No abstract provided.
Times Up!: The Harsh Reality Of The Power Of The Period Of Limitations On The Enforcement Of Awards, Linnea Ignatius
Times Up!: The Harsh Reality Of The Power Of The Period Of Limitations On The Enforcement Of Awards, Linnea Ignatius
Arbitration Law Review (2009 - Present)
No abstract provided.
Can(Not) A State Law Override A Federal Treaty Obligation?, Evangelo M. Theodosopoulos
Can(Not) A State Law Override A Federal Treaty Obligation?, Evangelo M. Theodosopoulos
Arbitration Law Review (2009 - Present)
No abstract provided.