References
Circumstantial Evidence of Doping: BALCO and Beyond
February 8, 2012
The author discusses how the World Anti-Doping Code has provided a set of rules and processes to harmonize and enforce a global problem. He notes that with a new specter of undetectable or difficult-to-see doping agents, highlighted by the BALCO controversy, it will make it hard for the legal imagination to keep up with scientific ingenuity.
February 8, 2012
The author discusses how the World Anti-Doping Code has provided a set of rules and processes to harmonize and enforce a global problem. He notes that with a new specter of undetectable or difficult-to-see doping agents, highlighted by the BALCO controversy, it will make it hard for the legal imagination to keep up with scientific ingenuity.
The Vocation of the International Arbitrator
February 8, 2012
The author argues that although international arbitrators are among the most legally talented individuals that strive to professionalize the vocation of being an arbitrator, an arbitrator is still not considered an ordinary occupation. In creating professionalism, implementation of greater regulatory regimes is necessary, especially since international arbitrators operate as custodians for a system that is imperative for international trade and is beyond the reach of traditional state regulatory...
February 8, 2012
The author argues that although international arbitrators are among the most legally talented individuals that strive to professionalize the vocation of being an arbitrator, an arbitrator is still not considered an ordinary occupation. In creating professionalism, implementation of greater regulatory regimes is necessary, especially since international arbitrators operate as custodians for a system that is imperative for international trade and is beyond the reach of traditional state regulatory...
Buyer Beware: Why the Class Arbitration Waiver Clause Presents a Gloomy Future for Consumers
February 8, 2012
The article argues that class arbitration waivers that prohibit consumers from aggregating their claims are harsh and unfair. It furthermore argues that legislation as a means of addressing the problem would be ineffectual. The conclusion proposes alternative solutions to the problem of unfair class waivers.
February 8, 2012
The article argues that class arbitration waivers that prohibit consumers from aggregating their claims are harsh and unfair. It furthermore argues that legislation as a means of addressing the problem would be ineffectual. The conclusion proposes alternative solutions to the problem of unfair class waivers.
On the Face of It? Establishing Jurisdiction on Claims to Compel Arbitration Under Section 4 of the FAA
February 8, 2012
This article discusses Section 4 of the Federal Arbitration Act. Specifically, the author discusses how the Act allows a party with an arbitration agreement to bring suit to compel arbitration if the dispute between parties is brought to court. Moloff also discusses the circuit split over how to establish jurisdiction when faced with a claim to compel arbitration. The article argues in favor of courts that choose jurisdiction based on the well-pleaded complaint rule rather than courts that look through...
February 8, 2012
This article discusses Section 4 of the Federal Arbitration Act. Specifically, the author discusses how the Act allows a party with an arbitration agreement to bring suit to compel arbitration if the dispute between parties is brought to court. Moloff also discusses the circuit split over how to establish jurisdiction when faced with a claim to compel arbitration. The article argues in favor of courts that choose jurisdiction based on the well-pleaded complaint rule rather than courts that look through...
Experimenting With Alternative Dispute Resolution as a Means for Peaceful Resolution of Interest Labor Disputes in Public Healthcare- A Case Study
February 8, 2012
This article centers on a case study involving a nationwide strike of Israeli medical professionals in 2000, exploring the government's use of crisis mediation, preventative mediation, and a ten-year, voluntary no-strike arbitration regime. The article analyzes the use of no-strike arbitration with a focus on the process-oriented aspects of arbitration, as well as the broader policy-oriented implications.
February 8, 2012
This article centers on a case study involving a nationwide strike of Israeli medical professionals in 2000, exploring the government's use of crisis mediation, preventative mediation, and a ten-year, voluntary no-strike arbitration regime. The article analyzes the use of no-strike arbitration with a focus on the process-oriented aspects of arbitration, as well as the broader policy-oriented implications.
Are Contingent-Fee Attorneys Deterred? How Courts Can More Effectively Police Adhesive Arbitration Agreements
February 8, 2012
This article argues that courts have misused some tools of contract law and have failed to utilize others, like statutory vindication, and that courts should use access and exculpation concerns to refuse to compel arbitration in some employee and consumer contracts. The article discusses the Federal Arbitration Act and how arbitration agreements are formed. The article then critiques how courts have analyzed arbitration contracts and how they might improve their analysis.
February 8, 2012
This article argues that courts have misused some tools of contract law and have failed to utilize others, like statutory vindication, and that courts should use access and exculpation concerns to refuse to compel arbitration in some employee and consumer contracts. The article discusses the Federal Arbitration Act and how arbitration agreements are formed. The article then critiques how courts have analyzed arbitration contracts and how they might improve their analysis.
The Past on Trial: Birmingham, the Bombing, and Restorative Justice
February 8, 2012
This comment applies restorative justice principles to the Sixteenth Street Baptist Church Bombing by examining its application in other countries and applying these techniques to help heal communities affected by racial violence.
February 8, 2012
This comment applies restorative justice principles to the Sixteenth Street Baptist Church Bombing by examining its application in other countries and applying these techniques to help heal communities affected by racial violence.
Packaged Preferences and the Institutional Transformation of Interests
February 8, 2012
The point of this Article is to show that mediating institutions are better decision makers than individuals. For this reason, individuals often find it in their interest to select a variety of mediating institutions (corporations, investment funds, unions, political parties, religious institutions, etc.) to act as their agents. These mediating institutions will choose packages of preferences on behalf of their principals.
February 8, 2012
The point of this Article is to show that mediating institutions are better decision makers than individuals. For this reason, individuals often find it in their interest to select a variety of mediating institutions (corporations, investment funds, unions, political parties, religious institutions, etc.) to act as their agents. These mediating institutions will choose packages of preferences on behalf of their principals.
Designing Arbitration: Biological Substrates and Asymmetry in Risk and Reward
February 8, 2012
The authors discuss various theories of rational decision-making in order to determine if they can be applied to making arbitration agreements. After discussing several theories on human decision-making, the authors conclude that the theories in their current form have limited use for understanding arbitration agreement decision-making.
February 8, 2012
The authors discuss various theories of rational decision-making in order to determine if they can be applied to making arbitration agreements. After discussing several theories on human decision-making, the authors conclude that the theories in their current form have limited use for understanding arbitration agreement decision-making.
Negotiating the Wind: A Framework to Engage Citizens in Siting Wind Turbines
February 8, 2012
The author examines the tension between the global concern of developing more environmentally friendly and sustainable forms of energy production and the more local concern of determining where to place new forms of energy infrastructure - wind turbines, in particular. To assist in resolving this tension, a framework is proposed to negotiate the positioning of these wind turbines by involving citizens and federal-state-local partnerships at various stages of the process.
February 8, 2012
The author examines the tension between the global concern of developing more environmentally friendly and sustainable forms of energy production and the more local concern of determining where to place new forms of energy infrastructure - wind turbines, in particular. To assist in resolving this tension, a framework is proposed to negotiate the positioning of these wind turbines by involving citizens and federal-state-local partnerships at various stages of the process.
