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Dispute Resolution and Arbitration Commons™

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Full-Text Articles in Dispute Resolution and Arbitration

A Better Approach To Arbitrability, Jeffrey W. Stempel Jan 1991

A Better Approach To Arbitrability, Jeffrey W. Stempel

Scholarly Works

Historically, Anglo-American courts refused to enforce arbitration agreements, jealously guarding their dispute resolution monopoly. During the early twentieth century, merchants and attorneys began seeking legislation requiring courts to defer to arbitration. The United States Abitration Act took effect January 1, 1926 and has remained essentially unchanged. It was written with the implicit assumption that it would be invoked by commercial actors having relatively equal bargaining power and emotive appeal to a jury. The Act says nothing to direct the court's inquiry concerning the quality of either party's assent to the arbitration clause other than requiring a written arbitration agreement and …


Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel Jan 1991

Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel

Scholarly Works

The Federal Arbitration Act (the Act), seeks to eliminate centuries of perceived judicial hostility toward arbitration agreements. The Act made written arbitration agreements involving interstate commerce specifically enforceable. It also provided a procedural structure for enforcing awards, which were protected through deferential judicial review. The Act intended to have a wide reach, employing a broad definition of commerce that has presumably grown in breadth along with the expansion of judicial notions of commerce. Although courts applied the Act in tentative and cautious fashion until the 1960's, arbitration gained momentum during the 1970's and the 1980's. Despite growing judicial enthusiasm for …


State Of Florida Division Of Administrative Hearings: Order Closing File, William F. Quattlebaum Oct 1990

State Of Florida Division Of Administrative Hearings: Order Closing File, William F. Quattlebaum

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Division Of Administrative Hearings: Petitioner's Withdrawal Of Request For Administrative Hearing, Timothy Keyser Oct 1990

State Of Florida Division Of Administrative Hearings: Petitioner's Withdrawal Of Request For Administrative Hearing, Timothy Keyser

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


Joint Press Release, October 8, 1990, Michael Woodward Oct 1990

Joint Press Release, October 8, 1990, Michael Woodward

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Division Of Administrative Hearings: Respondent, University Of North Florida First Interrogatories To Petitioner, T R. Hainline Jr., Marcia P. Parker, Timothy Keyser Aug 1990

State Of Florida Division Of Administrative Hearings: Respondent, University Of North Florida First Interrogatories To Petitioner, T R. Hainline Jr., Marcia P. Parker, Timothy Keyser

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


St. Johns River Water Management District: All Petitioners Answers To University Of North Florida's First For Admissions, Timothy Keyser Aug 1990

St. Johns River Water Management District: All Petitioners Answers To University Of North Florida's First For Admissions, Timothy Keyser

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Divison Of Administrative Hearings: Petitioners' Motions To Compel And In Limine And Memorandum Of Law, Timothy Keyser Jul 1990

State Of Florida Divison Of Administrative Hearings: Petitioners' Motions To Compel And In Limine And Memorandum Of Law, Timothy Keyser

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Diviosn Of Administrative Hearings: Notice Of Taking Deposition, T R. Hainline Jr Jul 1990

State Of Florida Diviosn Of Administrative Hearings: Notice Of Taking Deposition, T R. Hainline Jr

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Divison Of Administrative Hearings: Response To Motions To Dismiss And Memorandum Of Law, Timothy Keyser Jun 1990

State Of Florida Divison Of Administrative Hearings: Response To Motions To Dismiss And Memorandum Of Law, Timothy Keyser

Historical Documents

No abstract provided.


State Of Florida Division Of Administrative Hearings: Notice Of Propounding Interrogatories To Cathlene Denny, T R. Hainline Jr, Marcia P. Parker Jun 1990

State Of Florida Division Of Administrative Hearings: Notice Of Propounding Interrogatories To Cathlene Denny, T R. Hainline Jr, Marcia P. Parker

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Diviosn Of Administrative Hearings: Petitioners' Request To Produce To University Of North Florida, Timothy Keyser Jun 1990

State Of Florida Diviosn Of Administrative Hearings: Petitioners' Request To Produce To University Of North Florida, Timothy Keyser

Historical Documents

State of Florida Diviosn of Administrative Hearings: Petitioners' Request to Produce to University of North Florida


State Of Florida Division Of Administrative Hearings: Petitioners' First Request For Admissions To University Of North Florida And The St. Johns River Water Management District, Timothy Keyser Jun 1990

State Of Florida Division Of Administrative Hearings: Petitioners' First Request For Admissions To University Of North Florida And The St. Johns River Water Management District, Timothy Keyser

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Division Of Adminstrative Hearings: Notice Of Service Of Petitioners' First Interrogatories To University Of North Florida And The St. Johns River Water Management District, Timothy Keyser Jun 1990

State Of Florida Division Of Adminstrative Hearings: Notice Of Service Of Petitioners' First Interrogatories To University Of North Florida And The St. Johns River Water Management District, Timothy Keyser

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Division Of Administrative Hearings: Fifth Motion To Dismiss, Teresa Burkitt, Marcia P. Parker, T R. Hainline Jr Jun 1990

State Of Florida Division Of Administrative Hearings: Fifth Motion To Dismiss, Teresa Burkitt, Marcia P. Parker, T R. Hainline Jr

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Division Of Administrative Hearings: Fourth Motion To Dismiss, Cathlene Denny, Marcia P. Parker, T R. Hainline Jr Jun 1990

State Of Florida Division Of Administrative Hearings: Fourth Motion To Dismiss, Cathlene Denny, Marcia P. Parker, T R. Hainline Jr

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Division Of Administrative Hearings: Second Motion To Dismiss, Clare E. Gray Jun 1990

State Of Florida Division Of Administrative Hearings: Second Motion To Dismiss, Clare E. Gray

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Divison Of Administrative Hearings: Respondent, University Of North Florida First Interrogatories To Petitioner, Marcia P. Parker Jun 1990

State Of Florida Divison Of Administrative Hearings: Respondent, University Of North Florida First Interrogatories To Petitioner, Marcia P. Parker

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Division Of Adminstrative Hearings: Notice Of Appearance And Compliance With Initial Order, Timothy Keyser Jun 1990

State Of Florida Division Of Adminstrative Hearings: Notice Of Appearance And Compliance With Initial Order, Timothy Keyser

Historical Documents

No abstract provided.


State Of Florida Divison Of Administrative Hearings: Respondent, University Of North Florida First Interrogatories To Petitioner, Marcia P. Parker Jun 1990

State Of Florida Divison Of Administrative Hearings: Respondent, University Of North Florida First Interrogatories To Petitioner, Marcia P. Parker

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Division Of Administrative Hearings: Response To Initial Order, T R. Hainline Jr., Marcia P. Parker Jun 1990

State Of Florida Division Of Administrative Hearings: Response To Initial Order, T R. Hainline Jr., Marcia P. Parker

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Division Of Administrative Hearings: Third Motion To Dismiss, T R. Hainline Jr, Marcia P. Parker Jun 1990

State Of Florida Division Of Administrative Hearings: Third Motion To Dismiss, T R. Hainline Jr, Marcia P. Parker

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


St. Johns River Water Management District: Notice Of Transcription, Clare E. Gray May 1990

St. Johns River Water Management District: Notice Of Transcription, Clare E. Gray

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


St. Johns River Water Management District: Order Dismissing Petition, Saundra H. Gray May 1990

St. Johns River Water Management District: Order Dismissing Petition, Saundra H. Gray

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


Management And Storage Of Surface Waters Technical Staff Report, Bessent, Hammack, And Ruckman, Inc. Mar 1990

Management And Storage Of Surface Waters Technical Staff Report, Bessent, Hammack, And Ruckman, Inc.

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Division Of Administrative Hearings: Petitioner's First Interrogatories To St. Johns River Water Management District, Michael W. Woodward Jan 1990

State Of Florida Division Of Administrative Hearings: Petitioner's First Interrogatories To St. Johns River Water Management District, Michael W. Woodward

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


Teaching Mediation As A Lawyering Role, Jacqueline M. Nolan-Haley, Maria R. Volpe Oct 1989

Teaching Mediation As A Lawyering Role, Jacqueline M. Nolan-Haley, Maria R. Volpe

Journal of Legal Education

No abstract provided.


Integrating Dispute Resolution Into Standard First-Year Courses: The Missouri Plan, Leonard L. Riskin, James E. Westbrook Oct 1989

Integrating Dispute Resolution Into Standard First-Year Courses: The Missouri Plan, Leonard L. Riskin, James E. Westbrook

Journal of Legal Education

No abstract provided.


The Recognition Of Foreign Privileges In United States Discovery Proceedings, Kurt Riechenberg Jan 1988

The Recognition Of Foreign Privileges In United States Discovery Proceedings, Kurt Riechenberg

Northwestern Journal of International Law & Business

Discovery of evidence that is not available in the United States is a frequent problem in international litigation before United States courts. A common element of international litigation in such complex cases is that key witnesses reside abroad or crucial business documents belonging to foreign litigants are located in other jurisdictions. Due to the fact-dependent nature of these cases, courts in the United States have been confronted with numerous legal and practical obstacles in their attempts to obtain evidence, whether written or oral, from foreign litigants or non-party witnesses. Discovery orders of United States courts relating to testimonial or documentary …


The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York Jan 1988

The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York

Touro Law Review

No abstract provided.