References
The War Against Arbitration in Montana
February 8, 2012
The author discusses mandatory arbitration clauses in contracts, and Montana's repeated efforts to marginalize and prohibit their use. He criticizes the Montana Supreme Court for prohibiting pre-dispute arbitration clauses in the name of freedom of contract. Freedom of contract, he concludes, must allow parties to agree to mandatory arbitration clauses because they may be willing to forgo some of the procedural protections in litigation for a faster, cheaper resolution.
February 8, 2012
The author discusses mandatory arbitration clauses in contracts, and Montana's repeated efforts to marginalize and prohibit their use. He criticizes the Montana Supreme Court for prohibiting pre-dispute arbitration clauses in the name of freedom of contract. Freedom of contract, he concludes, must allow parties to agree to mandatory arbitration clauses because they may be willing to forgo some of the procedural protections in litigation for a faster, cheaper resolution.
Compulsory Pre-Dispute Arbitration Clauses in the Employment Context After EEOC v. Luce, Forward, Hamilton & Scripps
February 8, 2012
The author argues that despite recent circuit court decisions, enforceability of employee agreements to arbitrate claims arising under federal anti- discrimination law is far from settled. The author contends that the issue will soon be revisited because it is apparent to the legislators that compelled arbitration is not an appropriate method for resolving such claims. The author suggests ways to ensure appropriate procedures for the resolution of pending statutory employment discrimination claims.
February 8, 2012
The author argues that despite recent circuit court decisions, enforceability of employee agreements to arbitrate claims arising under federal anti- discrimination law is far from settled. The author contends that the issue will soon be revisited because it is apparent to the legislators that compelled arbitration is not an appropriate method for resolving such claims. The author suggests ways to ensure appropriate procedures for the resolution of pending statutory employment discrimination claims.
How Terrell Owens, Collective Bargaining, and Forfeiture Restrictions Created a Moral Hazard that Caused the NFL Crime Wave and What It Meant for Michael Vick
February 8, 2012
The article claims that after Terrell Owens lost his grievance in 2005, the National Football League Players Association (NFLPA) won discipline and salary forfeiture amendments to the NFL's Collective Bargaining Agreement (CBA) that reversed years of NFL arbitration precedent. The article further describes the basic structure of the CBA and the NFL Player Contract, detailing arbitrations preceding the 2006 CBA.
February 8, 2012
The article claims that after Terrell Owens lost his grievance in 2005, the National Football League Players Association (NFLPA) won discipline and salary forfeiture amendments to the NFL's Collective Bargaining Agreement (CBA) that reversed years of NFL arbitration precedent. The article further describes the basic structure of the CBA and the NFL Player Contract, detailing arbitrations preceding the 2006 CBA.
Arbitration and the Individuation Critique
February 8, 2012
This article discusses the individuation critique, which emphasizes the power imbalance between repeat player businesses and one-shot consumers in arbitration proceedings. It responds to arguments both for and against the individuation critique.
February 8, 2012
This article discusses the individuation critique, which emphasizes the power imbalance between repeat player businesses and one-shot consumers in arbitration proceedings. It responds to arguments both for and against the individuation critique.
The Return of State
February 8, 2012
This article centers on the importance of recognizing the increased empowerment of state governments in the area of international investment law, especially in terms of investor-state dispute settlements and arbitral awards. It supports its argument that state governments are increasingly empowered in this era of global governance by discussing the trend in investment arbitration that has shifted from investor-favored awards in dispute settlement toward favoring state sovereignty.
February 8, 2012
This article centers on the importance of recognizing the increased empowerment of state governments in the area of international investment law, especially in terms of investor-state dispute settlements and arbitral awards. It supports its argument that state governments are increasingly empowered in this era of global governance by discussing the trend in investment arbitration that has shifted from investor-favored awards in dispute settlement toward favoring state sovereignty.
Assignment of Labor Arbitration
February 8, 2012
This article argues that hostility and unnecessary litigation can be avoided in a way which will satisfy the grievant, her union, and even the employer. It is submitted that in certain cases the union could assign its right to proceed with the arbitration.
February 8, 2012
This article argues that hostility and unnecessary litigation can be avoided in a way which will satisfy the grievant, her union, and even the employer. It is submitted that in certain cases the union could assign its right to proceed with the arbitration.
The Road Not Often Taken: Alternative Dispute Resolution for Common Interest Communities in North Carolina
February 8, 2012
This comment argues the need for alternative dispute resolution to resolve common interest community disputes under the Planned Community Act of North Carolina. The first section specifically addresses the merits of ADR in the setting of common interest communities.
February 8, 2012
This comment argues the need for alternative dispute resolution to resolve common interest community disputes under the Planned Community Act of North Carolina. The first section specifically addresses the merits of ADR in the setting of common interest communities.
The Multi-door Contract and Other Possibilities
February 8, 2012
The pressure of recent legislative, judicial and administrative developments and increasing awareness of the possibilities of other alternatives is encouraging unprecedented experimentation in the consensual arena. As courts and agencies have experimented with a range of solutions to more effectively address the many and varied controversies presented to them, litigators have been exposed to the possibilities of purposive third party intervention prior to adjudication. At the same time, nonlawyers...
February 8, 2012
The pressure of recent legislative, judicial and administrative developments and increasing awareness of the possibilities of other alternatives is encouraging unprecedented experimentation in the consensual arena. As courts and agencies have experimented with a range of solutions to more effectively address the many and varied controversies presented to them, litigators have been exposed to the possibilities of purposive third party intervention prior to adjudication. At the same time, nonlawyers...
The Role of Arbitrability in Disciplinary Decisions in Professional Sports
February 8, 2012
The authors examine court precedents that give an arbitrator authority to review disciplinary decisions. They specifically focus on an arbitrator's decision to reduce NBA player Jermaine O'Neal's suspension following the Pacers-Pistons melee in 2004. The authors conclude that express language in collective bargaining agreements can take away an arbitrator's jurisdiction, but most players' associations would be reluctant to do so.
February 8, 2012
The authors examine court precedents that give an arbitrator authority to review disciplinary decisions. They specifically focus on an arbitrator's decision to reduce NBA player Jermaine O'Neal's suspension following the Pacers-Pistons melee in 2004. The authors conclude that express language in collective bargaining agreements can take away an arbitrator's jurisdiction, but most players' associations would be reluctant to do so.
Pre-Litigation Compulsory Mediation: A Concept Worth Negotiating
February 8, 2012
The author explores the idea of compulsory mediation before a case can be brought to trial. He examines various U.S. state laws, as well as foreign countries' laws, that require pre-litigation mediation. Additionally, practice areas such as family law, medical malpractice, and bankruptcy law are suggested as practice areas that might benefit from pre-litigation mediation. Finally, the benefits and shortcomings of pre-litigation mediation are compared and contrasted.
February 8, 2012
The author explores the idea of compulsory mediation before a case can be brought to trial. He examines various U.S. state laws, as well as foreign countries' laws, that require pre-litigation mediation. Additionally, practice areas such as family law, medical malpractice, and bankruptcy law are suggested as practice areas that might benefit from pre-litigation mediation. Finally, the benefits and shortcomings of pre-litigation mediation are compared and contrasted.
