Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (188)
- University of Colorado Law School (81)
- Yeshiva University, Cardozo School of Law (54)
- Pepperdine University (33)
- DePaul University (25)
-
- University of Michigan Law School (25)
- University of Georgia School of Law (17)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (16)
- Touro University Jacob D. Fuchsberg Law Center (13)
- BLR (11)
- Singapore Management University (8)
- Texas A&M University School of Law (7)
- UIC School of Law (7)
- Villanova University Charles Widger School of Law (7)
- Saint Joseph University of Beirut (6)
- Schulich School of Law, Dalhousie University (6)
- University of Missouri School of Law (6)
- University of Missouri-Kansas City School of Law (6)
- Vanderbilt University Law School (6)
- Northwestern Pritzker School of Law (5)
- Pace University (5)
- University of Oklahoma College of Law (5)
- Washington and Lee University School of Law (5)
- American University in Cairo (4)
- Roger Williams University (4)
- University of Miami Law School (4)
- University of Washington School of Law (4)
- Boston University School of Law (3)
- Brooklyn Law School (3)
- Chicago-Kent College of Law (3)
- Keyword
-
- Arbitration (95)
- Contracts (63)
- Dispute resolution (29)
- United States (27)
- Federal Arbitration Act (24)
-
- Dispute Resolution (23)
- Law (20)
- Contract (19)
- Litigation (16)
- California (14)
- Colorado (14)
- Colorado River (14)
- ADR (13)
- Contract law (13)
- Courts (13)
- New Mexico (13)
- Arbitration agreements (12)
- Economics (12)
- Mediation (12)
- Alternative dispute resolution (11)
- Arizona (11)
- International Law (11)
- Remedies (11)
- Arbitration contracts (10)
- Commercial Law (10)
- Contract terms (10)
- Jurisdiction (10)
- Secretary of the Interior (10)
- Supreme Court (10)
- Arbitration clauses (9)
- Publication Year
- Publication
-
- Seattle University Law Review (188)
- Cardozo Journal of Conflict Resolution (37)
- Pepperdine Dispute Resolution Law Journal (26)
- DePaul Business & Commercial Law Journal (25)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (23)
-
- Scholarly Works (17)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (16)
- Articles (13)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (13)
- Faculty Scholarship (13)
- Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10) (13)
- Georgia Journal of International & Comparative Law (12)
- Michigan Law Review (12)
- ExpressO (10)
- Natural Gas Symposium: Contract Solutions for the Future of Regulatory Environment (March 24-25) (10)
- Research Collection Yong Pung How School Of Law (8)
- Touro Law Review (8)
- Faculty Publications (6)
- Faculty Works (6)
- Pepperdine Law Review (6)
- Proche-Orient, Études juridiques (6)
- Publications (6)
- Articles, Book Chapters, & Popular Press (5)
- Oklahoma Law Review (5)
- UIC Law Review (5)
- Cardozo Law Review (4)
- LLM Theses and Essays (4)
- Nevada Supreme Court Summaries (4)
- Theses and Dissertations (4)
- University of Michigan Journal of Law Reform (4)
- Publication Type
Articles 361 - 390 of 631
Full-Text Articles in Contracts
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu
“Whimsy Little Contracts” With Unexpected Consequences: An Empirical Analysis Of Consumer Understanding Of Arbitration Agreements, Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis, Yuxiang Liu
Maryland Law Review
Arbitration clauses have become ubiquitous in consumer contracts. These arbitration clauses require consumers to waive the constitutional right to a civil jury, access to court, and, increasingly, the procedural remedy of class representation. Because those rights cannot be divested without consent, the validity of arbitration agreements rests on the premise of consent. Consumers who do not want to arbitrate or waive their class rights can simply decline to purchase the products or services covered by an arbitration agreement. But the premise of consent is undermined if consumers do not understand the effect on their procedural rights of clicking a box …
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr
Articles
Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor contracts—for credit cards, bank accounts, auto loans, broker-dealer services, and many others. These clauses often ill serve households. Consumers are typically presented with contracts on a “take it or leave it” basis, with no ability to negotiate over terms. Arbitration provisions are often not clearly disclosed, and in any event are not salient for consumers, who do not focus on the importance of the provision in the event that a dispute over the contract later arises, and who may misforecast the likelihood of being in such a dispute. The …
Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015), Kory Koerperich
Mika V. Eighth Jud. Dist. Ct., 131 Nev. Adv. Op. 71 (Sep. 24, 2015), Kory Koerperich
Nevada Supreme Court Summaries
The court denied extraordinary writ relief from the district court’s decision to compel arbitration between Petitioners and their employer based on a long-form arbitration agreement signed only by the Petitioners, and federal law favoring arbitration agreements.
Tallman V. Eight Judicial District Court, 131 Nev. Adv. Op. 60673 (Sep. 24, 2015), Marta Kurshumova
Tallman V. Eight Judicial District Court, 131 Nev. Adv. Op. 60673 (Sep. 24, 2015), Marta Kurshumova
Nevada Supreme Court Summaries
The Court held that an employment arbitration agreement, which contains a clause waiving the right to initiate or participate in class actions, constitutes a valid contract, even though it is not signed by the employer. The Court further determined that the Federal Arbitration Act applies to all transactions involving commerce and does not conflict with the National Labor Relations Act, which permits and requires arbitration. Finally, the Court found that a party does not automatically waive its contractual rights to arbitration by removing an action to federal court.
Be Careful What You Do Not Ask For: Contracts With The Federal Government For Which Purely Nonmonetary Relief Exists In The Event Of Breach Must Provide For Monetary Damages To Make Them Available To Non-Breaching Private Parties, Matthew W. Cecil
Journal of Dispute Resolution
By further limiting access to one of the only forums in which private parties may seek monetary damages over $10,000 from the federal government, the United States Federal Circuit Court of Appeals in Higbie v. United States1 has ensured non-breaching private parties will not be wholly compensated for their injuries and has undermined the court’s own interest in bolstering mediation.
Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher
Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher
Georgia Journal of International & Comparative Law
No abstract provided.
Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann
Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann
Pace International Law Review
This article is the first in a series of articles attempting to provide a geographical and temporal overview of the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this first article, the success of CISG is explored. The article develops the idea of using the Albert H. Kritzer Database to achieve an overview of the success of the Convention in practice. It is argued that the success of the Convention is useful to measure by its uniformity in practice, and therefore a set of criteria relating to the Convention’s application by …
Conflict Of Laws In Arbitration Agreements Between Developed And Developing Countries, Mary Kathryn Lynch
Conflict Of Laws In Arbitration Agreements Between Developed And Developing Countries, Mary Kathryn Lynch
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium - Conflicts Of Law In Contracts Between Developed And Developing Nations, Gabriel M. Wilner
Symposium - Conflicts Of Law In Contracts Between Developed And Developing Nations, Gabriel M. Wilner
Georgia Journal of International & Comparative Law
No abstract provided.
Unbundling Procedure: Carve-Outs From Arbitration Clauses, Christopher R. Drahozal, Erin O'Hara O'Connor
Unbundling Procedure: Carve-Outs From Arbitration Clauses, Christopher R. Drahozal, Erin O'Hara O'Connor
Florida Law Review
A rich literature analyzes how parties choose between courts and arbitration. Within this literature, scholars traditionally assume that sophisticated parties make a single choice between courts and arbitration based on the bundle of dispute resolution services that seems most appealing ex ante. As with the literature on bundling generally, however, legal scholars are increasingly focusing their attention on the unbundling of court and arbitral procedures—that is, the ability of parties to contract for à la carte or customized dispute resolution procedures in court and arbitration. While such unbundling is common ex post, i.e., after a dispute arises, most …
Negotiating And Drafting The International Sales Contract And Related Agreements, John Gornall
Negotiating And Drafting The International Sales Contract And Related Agreements, John Gornall
Georgia Journal of International & Comparative Law
No abstract provided.
Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley
Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley
Georgia Journal of International & Comparative Law
No abstract provided.
The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure
The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure
Georgia Journal of International & Comparative Law
No abstract provided.
Dispute Resolution Clauses In International Sponsored Research Contracts, Dennis Lazarev
Dispute Resolution Clauses In International Sponsored Research Contracts, Dennis Lazarev
Cardozo Journal of Conflict Resolution
Pharmaceutical companies are the greatest non-governmental sponsors of biomedical research in academia. Increasingly they sponsor foreign entities, typically universities or non-commercial research institutions. Another type of cross-border sponsorship occurs when two research institutions engage in a collaborative research effort. In either case disputes may arise. The most common types of disputes are the rights to the intellectual property developed in the course of sponsored research, and the scope of research activities that an agreement covers. Parties to these cross-border sponsorship arrangements have rarely incorporated dispute resolution clause in their contracts. This Article will argue that arbitrationis an approach far superior …
The Repeat Player Effect In Child Protection Mediation: Dangers Of And Protections Against Second-Class Justice For Marginalized Parties, Donna Erez-Navot
The Repeat Player Effect In Child Protection Mediation: Dangers Of And Protections Against Second-Class Justice For Marginalized Parties, Donna Erez-Navot
Cardozo Journal of Conflict Resolution
This Article will be structured as follows: Part I of this Article will introduce some of the basic and problematic phenomenon including the repeat player effect, cooptation and others that arise in the legal system. In Part II, there will be specific attention to these phenomenon applied in various well-researched dispute resolution areas including criminal, child protection, employment and arbitration contexts. Part III of this Article gives a broad introduction into court annexed mediation and child protection mediation in general. Part IV of this Article will focus on the specific effects of repeat player, cooptation, and others in Family Court …
Involved, Empowered And Inspired: How Mediating Halakhic Prenuptial Agreements Honors Jewish And American Law And Builds Happy Families, Lara Traum
Cardozo Journal of Conflict Resolution
This Note discusses the pitfalls of existing halakhic prenuptial protocols and advances the use of mediation in the prenuptial drafting process. Section II of this Note provides a history of Jewish marital and divorce law, explaining the significance of halakhic legal documents and religious arbitration units. Section III examines the unresolved relationship between Jewish and American systems, discusses the advent of American prenuptial agreements, and highlights the shortcomings of existing prenuptial agreements in the Orthodox Jewish community. Section IV proposes that prenuptial mediation best honors halakha, American law, and individual interests.
Individualized Injunctions And No-Modification Terms: Challenging "Anti-Reform" Provisions In Arbitration Clauses, Myriam E. Gilles
Individualized Injunctions And No-Modification Terms: Challenging "Anti-Reform" Provisions In Arbitration Clauses, Myriam E. Gilles
Articles
The Supreme Court’s recent decisions in AT&T Mobility v. Concepcion and American Express v. Italian Colors have considered only whether class actions for monetary damages may be barred by arbitration clauses requiring individual adjudication. The Justices have not examined the enforceability of arbitration clauses or arbitral rules which explicitly prohibit claimants from seeking or arbitrators from granting broad injunctive relief in an individual dispute. I term these "anti-reform" provisions because they broadly prohibit an individual arbitral claimant from seeking to end a practice, change a rule, or enjoin an act that causes injury to itself and to similarly-situated non-parties. This …
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
Brooklyn Journal of International Law
Standard-setting organizations (SSOs) are bodies that oversee the development of technical standards. Technical standards are common technological designs that are used across a variety of platforms, for instance LTE, which is utilized throughout the mobile phone industry. Members of SSOs contribute different pieces of technology to an ultimate design, and if a patent covers the technology, it is called a standard-essential patent (SEP). SSOs require their members to license these patents to each other on fair, reasonable, and nondiscriminatory (FRAND) terms. This Note analyzes the FRAND requirement and the different ways that courts and private parties interpret it. The ambiguity …
Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. Mclaughlin
Remembering The Bay Of Pigs: Using Letters Of Credit To Facilitate The Resolution Of International Disputes, Gerald T. Mclaughlin
Georgia Journal of International & Comparative Law
No abstract provided.
Religion, Women, And The Holy Grail Of Legal Pluralism, Shiva Falsafi
Religion, Women, And The Holy Grail Of Legal Pluralism, Shiva Falsafi
Cardozo Law Review
No abstract provided.
Panel 1: Trends In International Mediation And Arbitration, Hagit Elul, Ank Santens, Martin Gusy, Matthew Weldon
Panel 1: Trends In International Mediation And Arbitration, Hagit Elul, Ank Santens, Martin Gusy, Matthew Weldon
Cardozo Journal of International and Comparative Law
The symposium explores recent trends in international mediation and arbitration, focusing on the development of ethics guidelines and the challenges of obtaining interim relief. It highlights the growing need for standardized ethical frameworks and the evolving role of emergency arbitrators in addressing urgent disputes.
Sino-American Contract Bargaining And Dispute Resolution, Garrick Apollon
Sino-American Contract Bargaining And Dispute Resolution, Garrick Apollon
Pepperdine Dispute Resolution Law Journal
The article offers information on international trade disputes between the U.S. and China. Topics include economic interdependency of Sino-American trade, cross-legal and cross-cultural relationships between the U.S. and China, and the historical and cultural preference for Alternative Dispute Resolution (ADR) in China. Other topics include learning of cross-cultural management and international business negotiation.
Legal Uncertainty And Aberrant Contracts: The Choice Of Law Clause, William J. Woodward Jr.
Legal Uncertainty And Aberrant Contracts: The Choice Of Law Clause, William J. Woodward Jr.
Chicago-Kent Law Review
Legal uncertainty about the applicability of local consumer protection can destroy a consumer’s claim or defense within the consumer arbitration environment. What is worse, because the consumer arbitration system cannot accommodate either legal complexity or legal uncertainty, the tendency will be to resolve cases in the way the consumer’s form contract dictates, that is, in favor of the drafter. To demonstrate this effect and advocate statutory change, this article focuses on fee-shifting statutes in California and several other states. These statutes convert very common one-way fee-shifting terms (consumer pays business’s attorneys fees if business wins but not the other way …
International Commercial Arbitration, Anticipatory Repudiation, And The Lex Mercatoria, Kyle Winnick
International Commercial Arbitration, Anticipatory Repudiation, And The Lex Mercatoria, Kyle Winnick
Cardozo Journal of Conflict Resolution
The scope of this Note is thus two-fold: (1) to delineate the doctrine of anticipatory breach as it is currently under the lex mercatoria; and, (2) to evaluate and argue for its consistency in application by international arbitral tribunals. Section I-A discusses when arbitrators will choose to apply the lex mercatoria as the substantive law of the dispute. Section I-B explains the doctrine of anticipatory repudiation and discusses its inherent ambiguity. Section IC assesses the role of the CISG and the UNIDROIT Principles as a manifestation of the lex mercatoria. Section II-A explores the severability issue and an …
“Sticky” Arbitration Clauses? The Use Of Arbitration Clauses After Concepcion And Amex, Peter B. Rutledge, Christopher R. Drahozal
“Sticky” Arbitration Clauses? The Use Of Arbitration Clauses After Concepcion And Amex, Peter B. Rutledge, Christopher R. Drahozal
Scholarly Works
We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. The Supreme Court’s decision in Concepcion led commentators to predict that every business soon would use an arbitration clause, coupled with a class arbitration waiver, in their standard form contracts to avoid the risk of class actions. We examine two samples of franchise agreements: one sample in which we track changes in arbitration clauses since 1999, and a broader sample focusing on changes since 2011, immediately before Concepcion was decided. Our central finding is consistent …
Arbitration And The Contract Exchange, Andrew A. Schwartz
Arbitration And The Contract Exchange, Andrew A. Schwartz
Publications
A contract exchange, defined as an organized marketplace for the creation or trading of specific contracts, provides benefits to its members as well as the public at large. But legal disputes can arise on contract exchanges, just as they do anywhere else, and those disputes can be litigated, mediated, arbitrated, or resolved in some other way. This Essay claims that arbitration, rather than litigation, is a particularly useful and appropriate means for resolving exchange-related disputes, and that this is true not only for traditional contract exchanges, like the Chicago Board of Trade, but also for online "consumer contract exchanges," such …
Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis
Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis
West Virginia Law Review
No abstract provided.
Nlrb V. Yeshiva University: Teacher Participants In University Policy Formulation Deemed Managerial Under Nlra, Valerie A. Moore
Nlrb V. Yeshiva University: Teacher Participants In University Policy Formulation Deemed Managerial Under Nlra, Valerie A. Moore
Pepperdine Law Review
The development of a "status quo" for teacher bargaining unit certification was brought to an abrupt halt by the recent Supreme Court Yeshiva decision. The author, in agreement with the majority opinion, examines the development of this "status quo" and the cases leading up to and including the Supreme Court's determination that the Yeshiva faculty were managerial employees and thus exempt from coverage under the National Labor Relations Act. Also, the author illustrates the Supreme Court's unfavorable reaction to the National Labor Relations Board's cursory and inconsistent administrative decisions and opinions.
Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner
Nearly A Century In Reserve: Organized Baseball: Collective Bargaining And The Antitrust Exemption Enter The 80'S, Nancy Jean Meissner
Pepperdine Law Review
In her comment, the author fashions a compelling argument for congressional elimination of baseball's exemption from federal antitrust laws. After noting that the exemption had been formulated in 1922 by the Supreme Court, the author explains that it has been abused by baseball club owners to create a virtual monopoly over ballplayers through the reserve system. Although the reserve system's control was somewhat diluted in 1976, with the advent of free agency and collective bargaining, club owners are currently negotiating for mandatory compensation for the loss of free agents. The resultant threat of a player's strike has served to focus …
Enjoining Politically Motivated Strikes In Federal Courts: The Jacksonville Bulk Terminals Case, Mark A. Ozzello
Enjoining Politically Motivated Strikes In Federal Courts: The Jacksonville Bulk Terminals Case, Mark A. Ozzello
Pepperdine Law Review
The United States Supreme Court, in Jacksonville Bulk Terminals, Inc. v. International Longshoremen's Association, acknowledged that a work stoppage entirely motivated by political goals constitutes a "labor dispute" within the Norris-La Guardia Act which is prohibited from injunctive relief by a federal court. In so ruling, the Supreme Court found the Boys Markets, Inc. v. Retail Clerks Union and Buffalo Forge Co. v. United Steelworkers of America, AFL-CIO exceptions, which allow an injunction to issue pending arbitration in situations where the dispute underlying the work stoppage is arbitrable, to be inapplicable to the no-strike clause in the collective-bargaining agreement scrutinized. …