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- Americans with Disabilities Act; ADA; Title I of ADA; analyzing contractual grievances; labor arbitration; reasonable accommodation; seniority clause; Section 513 of the ADA; Section 118 of the Civil Rights Act of 1991; Federal Arbitration Act; Section 203(d) of the Taft-Hartley Act; Executive Order 11246 OFCCP Revised Order Number 4; Judicial Improvements and Access to Justice Act; Administrative Dispute Resolution Act; benefits of using arbitration; resolving reasonable accommodation issue through arbitration; enforceability of arbitration agreements; Wright v. Universal Maritime Service Corp.; ADA and grievance arbitration; contractual seniority rights versus reasonable accommodation; (1)
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Articles 1 - 30 of 39
Full-Text Articles in Contracts
Halfway Deals: Or, When Is A Non-Contract A Contract?, David Crump
Halfway Deals: Or, When Is A Non-Contract A Contract?, David Crump
University of Arkansas at Little Rock Law Review
No abstract provided.
Contract Law—Conspicuous Arbitration Agreements In Online Contracts: Contradictions And Challenges In The Uber Cases, Matthew Hoffman
Contract Law—Conspicuous Arbitration Agreements In Online Contracts: Contradictions And Challenges In The Uber Cases, Matthew Hoffman
University of Arkansas at Little Rock Law Review
No abstract provided.
Contract Law—Arkansas’S Un-American Approach To Attorney’S Fees For Breach Of Contract, Michael J. Berry
Contract Law—Arkansas’S Un-American Approach To Attorney’S Fees For Breach Of Contract, Michael J. Berry
University of Arkansas at Little Rock Law Review
No abstract provided.
Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell
University of Arkansas at Little Rock Law Review
No abstract provided.
Contract Law—No Faith In Arkansas’S Approach To The Implied Duty Of Good Faith. Arkansas Research Medical Testing, Llc V. Osborne, 2011 Ark. 158, 2011 Wl 1423993., Kathleen Lestage
Contract Law—No Faith In Arkansas’S Approach To The Implied Duty Of Good Faith. Arkansas Research Medical Testing, Llc V. Osborne, 2011 Ark. 158, 2011 Wl 1423993., Kathleen Lestage
University of Arkansas at Little Rock Law Review
No abstract provided.
Solidifying Arkansas's Liquidated Damage Law After S.O.G.-San-Ore-Gardner V. Missouri Pacific Railroad Co.: It's Not All Water Under The Bridge, David C. Jung
University of Arkansas at Little Rock Law Review
The construction of the Benzal Bridge over the White River in rural Arkansas brought about years of litigation between Missouri Pacific Railroad Company and contractor San Ore-Gardner, the crux of which was whether the liquidated damages provision in the parties' contract was enforceable. The liquidated damages provision at issue provided that San Ore-Gardner would be liable to Missouri Pacific Railroad Company for damages in the amount of $600 per day if performance of the contract was not completed within the specified time period. Although Missouri Pacific Railroad Company did contribute to the over two year delay in completion of the …
An Empirical Study Of Predispute Mandatory Arbitration Clauses In Social Media Terms Of Service Agreements, Michael L. Rustad, Richard Buckingham, Diane D’Angelo, Katherine Durlacher
An Empirical Study Of Predispute Mandatory Arbitration Clauses In Social Media Terms Of Service Agreements, Michael L. Rustad, Richard Buckingham, Diane D’Angelo, Katherine Durlacher
University of Arkansas at Little Rock Law Review
This Article is the first empirical study of the use of predispute mandatory arbitration clauses by social networking sites (SNSs) and sheds light on whether SNSs are using arbitration clauses strategically in order to complete a "liability-free" zone in cyberspace. Our empirical findings reveal that SNS arbitration clauses contravene many of the basic principles deemed indispensable for a fundamentally fair process for consumers to obtain civil recourse for recognized torts and remedies for contract disputes. Congress needs to prohibit predispute mandatory arbitration clauses in terms of service agreements and privacy policies.
Tort Law—Tortious Interference With Business Expectancy – A Trap For The Wary And Unwary Alike, Larry Watkins
Tort Law—Tortious Interference With Business Expectancy – A Trap For The Wary And Unwary Alike, Larry Watkins
University of Arkansas at Little Rock Law Review
Despite remaining stable and unchanged over the last decade, tortious interference has also remained problematic in Arkansas. Although tortious interference with contract in Arkansas suffers from many ailments, this note focuses on interference with business expectancy, discussing interference with contract only as necessary. Specifically, the note argues that tortious interference in Arkansas should be formally separated into two distinct rules—interference with contract and interference with business expectancy—in order to keep courts from mixing terms and standards from both rules when addressing only one cause of action. This note further proposes that the improper element of tortious interference in Arkansas should …
Civil Procedure And Contract Law—Contractual Forum-Selection Clauses In Erie Cases: More Than Substance Or Procedure, James C. Mcneal
Civil Procedure And Contract Law—Contractual Forum-Selection Clauses In Erie Cases: More Than Substance Or Procedure, James C. Mcneal
University of Arkansas at Little Rock Law Review
The enforceability of forum-selection clauses is one of the most litigated jurisdictional issues in federal district courts. In a globalized society, forum-selection clauses reduce uncertainty. However, they present unique problems and, although they are liberally enforced by state and federal courts, forum-selection clauses are not always enforced by the forum court. Enforcement of forum-selection clauses is especially complex in diversity actions in federal court.
Forum-selection clauses appear substantive and often have substantive effects; however, they operate procedurally. Federal courts unanimously hold that the validity of a forum-selection clause is a procedural question and therefore the question of validity is decided …
Contract Law—The Collision Of Tort And Contract Law: Validity And Enforceability Of Exculpatory Clauses In Arkansas. Jordan V. Diamond Equipment, 2005 Wl 984513 (2005)., John G. Shram
University of Arkansas at Little Rock Law Review
No abstract provided.
Ethics And Professional Responsibility—Contingency Fees—An Attorney's Right Of Recovery When Discharged From A Contingent Fee Contract In Arkansas. Salmon V. Atkinson, 355 Ark., 137 S.W.3d 383 (2003), Eric C. Freeby
University of Arkansas at Little Rock Law Review
No abstract provided.
The Shackles Of Covenant Marriage: Who Holds The Keys To Wedlock, Chauncey E. Brummer
The Shackles Of Covenant Marriage: Who Holds The Keys To Wedlock, Chauncey E. Brummer
University of Arkansas at Little Rock Law Review
No abstract provided.
Tort Law—Tortious Interference With Contract: The Arkansas Supreme Court Clarifies Who Has The Burden And What They Have To Prove. Mason V. Wal-Mart Stores, Inc., 333 Ark. 3, 969 S.W.2d 160 (1998)., Odette Woods
University of Arkansas at Little Rock Law Review
No abstract provided.
Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner
Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner
University of Arkansas at Little Rock Law Review
No abstract provided.
Arkansas's Revised Article 3: User Caution Advised, Sarah Howard Jenkins
Arkansas's Revised Article 3: User Caution Advised, Sarah Howard Jenkins
University of Arkansas at Little Rock Law Review
No abstract provided.
Contracts—The Trend Toward Legal Realism. Shearson Lehman Cmo, Inc. V. Tcf Banking & Savings And Teachers Insurance & Annuity Association V. Tribune Co., 670 F. Supp. 491 (S.D.N.Y. 1987)., Janne G. Siegel
University of Arkansas at Little Rock Law Review
No abstract provided.
Arkansas Courts And Covenants Not To Compete, John R. Pagan
Arkansas Courts And Covenants Not To Compete, John R. Pagan
University of Arkansas at Little Rock Law Review
No abstract provided.
The Decline Of The Contract Market Damage Model, James J. White
The Decline Of The Contract Market Damage Model, James J. White
University of Arkansas at Little Rock Law Review
No abstract provided.
The Arkansas Law Of Oil And Gas: Chapter V, Susan Webber Wright
The Arkansas Law Of Oil And Gas: Chapter V, Susan Webber Wright
University of Arkansas at Little Rock Law Review
No abstract provided.
Contracts—Covenants Not To Compete Ancillary To The Sale Of A Business—Fifteen-Year Restraint Is Reasonable, Martha Jett Mcalister
Contracts—Covenants Not To Compete Ancillary To The Sale Of A Business—Fifteen-Year Restraint Is Reasonable, Martha Jett Mcalister
University of Arkansas at Little Rock Law Review
No abstract provided.
The Law Of Construction Bonds In Arkansas: A Review, David G. Paul
The Law Of Construction Bonds In Arkansas: A Review, David G. Paul
University of Arkansas at Little Rock Law Review
No abstract provided.
The Lemon And Its Rejection: Code Language And Its Misconstruction, Janet A. Flaccus
The Lemon And Its Rejection: Code Language And Its Misconstruction, Janet A. Flaccus
University of Arkansas at Little Rock Law Review
No abstract provided.
Representing The Arkansas Timber Owner In Timber Sale Transactions: Some Contract Drafting Considerations, Christopher R. Kelley
Representing The Arkansas Timber Owner In Timber Sale Transactions: Some Contract Drafting Considerations, Christopher R. Kelley
University of Arkansas at Little Rock Law Review
No abstract provided.
Bad Faith In First Party Insurance Contracts—What's Next, Paula J. Casey
Bad Faith In First Party Insurance Contracts—What's Next, Paula J. Casey
University of Arkansas at Little Rock Law Review
No abstract provided.
Twenty Years After: Reflections On The Uniform Commercial Code In Arkansas—Articles 3 And 4, Arthur G. Murphey Jr.
Twenty Years After: Reflections On The Uniform Commercial Code In Arkansas—Articles 3 And 4, Arthur G. Murphey Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
Jurisdiction In Single Contract Cases, Timothy D. Brewer
Jurisdiction In Single Contract Cases, Timothy D. Brewer
University of Arkansas at Little Rock Law Review
No abstract provided.
Joint Tenancies And Creative Financing—The Land Contract, Robert Kratovil
Joint Tenancies And Creative Financing—The Land Contract, Robert Kratovil
University of Arkansas at Little Rock Law Review
No abstract provided.
Coercion In Contract Law, E. Allan Farnsworth
Coercion In Contract Law, E. Allan Farnsworth
University of Arkansas at Little Rock Law Review
No abstract provided.
Public Contracts—Standing Of Unsuccessful Bidders To Sue, Robert H. Nunnally Jr.
Public Contracts—Standing Of Unsuccessful Bidders To Sue, Robert H. Nunnally Jr.
University of Arkansas at Little Rock Law Review
No abstract provided.
The Real Estate Installment Sale Contract: Its Drafting, Use, Enforcement, And Consequences, Maurice Cathey
The Real Estate Installment Sale Contract: Its Drafting, Use, Enforcement, And Consequences, Maurice Cathey
University of Arkansas at Little Rock Law Review
No abstract provided.