References
Unraveling the Mystery of Wilko v. Swan: American Arbitration Vacatur Law and the Accidental Demise of Party Autonomy
February 8, 2012
The Supreme Court's utterance in the 1953 Wilko case that the interpretations of the law by the arbitrators in contrast to manifest disregard are not subject to judicial review for error in interpretation has gradually transmuted in the past half-century to subvert party autonomy. The author concludes the Court needs to revisit this issue to clarify the language itmanifest disregard. http://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1096&context=drlj ADR References
February 8, 2012
The Supreme Court's utterance in the 1953 Wilko case that the interpretations of the law by the arbitrators in contrast to manifest disregard are not subject to judicial review for error in interpretation has gradually transmuted in the past half-century to subvert party autonomy. The author concludes the Court needs to revisit this issue to clarify the language itmanifest disregard. http://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1096&context=drlj ADR References
Is That All There Is? The Problem in Court-Oriented Mediation
February 8, 2012
The authors seek to bring to light the general problems that arise between the parties in civil, non-family mediation when the parties have differing legal expertise and how lawyers should seek to avoid or correct these issues. Overall, the authors introduce proposals outlining new court programs for mediators and more customized mediation programs.
February 8, 2012
The authors seek to bring to light the general problems that arise between the parties in civil, non-family mediation when the parties have differing legal expertise and how lawyers should seek to avoid or correct these issues. Overall, the authors introduce proposals outlining new court programs for mediators and more customized mediation programs.
The Ongoing Debate about Mediation in the Context of Domestic Violence: A Call for Empirical Studies of Mediation Effectiveness
February 8, 2012
The author focuses on the roughly three-decades-old debate on whether mediation is an appropriate form of family dispute resolution when the parties involved have a history of domestic violence. The article suggests there is an effective method of using mediation to solve such family disputes but claims not enough research is available to determine what the best practices are for mediating these family disputes. A potential study is proposed to provide information on the effectiveness of mediation...
February 8, 2012
The author focuses on the roughly three-decades-old debate on whether mediation is an appropriate form of family dispute resolution when the parties involved have a history of domestic violence. The article suggests there is an effective method of using mediation to solve such family disputes but claims not enough research is available to determine what the best practices are for mediating these family disputes. A potential study is proposed to provide information on the effectiveness of mediation...
Mobile-Home Mania? Protecting Procedurally Fair Arbitration in a Consumer Microcosm
February 8, 2012
The author challenges the procedural sufficiency of arbitrations involving mobile home disputes. Arbitration provisions governing disputes over mobile home defects overwhelmingly favor the institutional defendants over the low-income mobile homeowners. Existing federal and state laws result in arbitration clauses being enforced regardless of the power differentials obviously present. A possible solution to increase fairness is expanding the Mobile Home Improvement Act to provide minimal procedural...
February 8, 2012
The author challenges the procedural sufficiency of arbitrations involving mobile home disputes. Arbitration provisions governing disputes over mobile home defects overwhelmingly favor the institutional defendants over the low-income mobile homeowners. Existing federal and state laws result in arbitration clauses being enforced regardless of the power differentials obviously present. A possible solution to increase fairness is expanding the Mobile Home Improvement Act to provide minimal procedural...
An Unnecessary Consternation: An Analysis of the Future of EU Arbitration in the Wake Of the Wake of the West Tankers Decision
February 8, 2012
The article suggests that the recent West Tankers decision in the European Court of Justice is not a death sentence, but is instead the start of a bright future for arbitration in the EU. The author seeks to quell fears that the West Tankers decision will have catastrophic consequences.
February 8, 2012
The article suggests that the recent West Tankers decision in the European Court of Justice is not a death sentence, but is instead the start of a bright future for arbitration in the EU. The author seeks to quell fears that the West Tankers decision will have catastrophic consequences.
Constitutional History, Federal Arbitration and Seamen’s Rights Sinking in a Sea of Sweatshop Labor
February 8, 2012
The author examines federal appellate court decisions holding that the maritime claims of foreign seamen may be removed from state court to federal court if they qualify for federal arbitration. The author argues that, not only does this interpretation remove foreign seamen from the international law of nations, but also removes them from the protections of traditional American maritime law and is contrary to Supreme Court precedent.
February 8, 2012
The author examines federal appellate court decisions holding that the maritime claims of foreign seamen may be removed from state court to federal court if they qualify for federal arbitration. The author argues that, not only does this interpretation remove foreign seamen from the international law of nations, but also removes them from the protections of traditional American maritime law and is contrary to Supreme Court precedent.
Same Injury; Different Coverage: How Privatized Insurance Policies Affect Injured Elite and Non-Elite Professional Athletes
February 8, 2012
When professional athletes suffer career-threatening injuries they often rely on their Leagues' Collective Bargaining Agreement disability insurance provisions which union officials negotiate with team owners and managers. Collective Bargaining Agreements afford protections differing in scope and limitation-grievance procedures usually involve arbitration rather than trial.
February 8, 2012
When professional athletes suffer career-threatening injuries they often rely on their Leagues' Collective Bargaining Agreement disability insurance provisions which union officials negotiate with team owners and managers. Collective Bargaining Agreements afford protections differing in scope and limitation-grievance procedures usually involve arbitration rather than trial.
The Costs of Conflict Resolution and Financial Distress: Evidence from the Texaco-Pennzoil Litigation
February 8, 2012
This paper uses data on the abnormal returns earned by the shareholders of Texaco and Pennzoil to examine whether resources were lost in the course of the litigation. We find that the leakage involved in the forced transfer is enormous: each dollar of value lost by Texaco's shareholders has been matched by only about 30 cents gain to the owners of Pennzoil. Our estimates suggest that the Texaco-Pennzoil conflict has reduced the combined equity value of the two companies by about $2 billion. Further...
February 8, 2012
This paper uses data on the abnormal returns earned by the shareholders of Texaco and Pennzoil to examine whether resources were lost in the course of the litigation. We find that the leakage involved in the forced transfer is enormous: each dollar of value lost by Texaco's shareholders has been matched by only about 30 cents gain to the owners of Pennzoil. Our estimates suggest that the Texaco-Pennzoil conflict has reduced the combined equity value of the two companies by about $2 billion. Further...
Doubling Up the Horses in Midstream: Enhancing U.S. Patent Dispute Resolution by the PTO’s Adoption of the JPO’s Hantei Request System
February 8, 2012
This note addresses the difficulties associated with patent dispute resolution. The author advocates adoption of the Japanese Hantei Request Procedure as a solution to current patent dispute resolution.
February 8, 2012
This note addresses the difficulties associated with patent dispute resolution. The author advocates adoption of the Japanese Hantei Request Procedure as a solution to current patent dispute resolution.
