References
Is This Arbitration? Religious Tribunals, Judicial Review, and Due Process
February 8, 2012
In this Note, Grossman compares Christian, Jewish, and Islamic religious tribunals in the United States and how courts review these panels under the Federal Arbitration Act and the Uniform Arbitration Act.
February 8, 2012
In this Note, Grossman compares Christian, Jewish, and Islamic religious tribunals in the United States and how courts review these panels under the Federal Arbitration Act and the Uniform Arbitration Act.
Toward a New Employer-Worker Compact
February 8, 2012
In Part II of this article, the author explains why collective bargaining is appropriate and necessary, but why it does not need to be conducted by unions and why it might make sense to separate the collective bargaining function from the other functions unions perform. As an alternative, the author proposes a workforce negotiation team as a non-collective bargaining mechanism.
February 8, 2012
In Part II of this article, the author explains why collective bargaining is appropriate and necessary, but why it does not need to be conducted by unions and why it might make sense to separate the collective bargaining function from the other functions unions perform. As an alternative, the author proposes a workforce negotiation team as a non-collective bargaining mechanism.
Reaching Too Far? An Analysis of the Circuit Split Regarding the Scope of Arbitration Clauses in Collective Bargaining Agreements
February 8, 2012
Examines the circuit split regarding which standard---collateral test or scope test-to apply to side agreements during collective bargaining. Argues that the scope test should be used because of its predictability.
February 8, 2012
Examines the circuit split regarding which standard---collateral test or scope test-to apply to side agreements during collective bargaining. Argues that the scope test should be used because of its predictability.
Recent Development, Citizens Bank v. Alafabco, Inc.
February 8, 2012
Cannatti analyzes Alafabco, which reached the United States Supreme Court after the Alabama Supreme Court ruled that a transaction between two Alabama residents was beyond the scope of the Federal Arbitration Act (FAA). He provides an overview of the history of the FAA and analyzes cases in which the U.S. Supreme Court defined the Act's scope. He also explains how Alafabco resolves questions posed by the Court's decision in UnitedStates v. Lopez.
February 8, 2012
Cannatti analyzes Alafabco, which reached the United States Supreme Court after the Alabama Supreme Court ruled that a transaction between two Alabama residents was beyond the scope of the Federal Arbitration Act (FAA). He provides an overview of the history of the FAA and analyzes cases in which the U.S. Supreme Court defined the Act's scope. He also explains how Alafabco resolves questions posed by the Court's decision in UnitedStates v. Lopez.
Culture and Custom in Nation-Building: Law in Afghanistan
February 8, 2012
Afghanistan's legal system is composed of legal codes, religious law, and customary law-all which are mutually exclusive. The article discusses how non-written, local community rules are used to handle disputes within the context of the Afghani legal system.
February 8, 2012
Afghanistan's legal system is composed of legal codes, religious law, and customary law-all which are mutually exclusive. The article discusses how non-written, local community rules are used to handle disputes within the context of the Afghani legal system.
Public Courts Versus Private Justice: It’s Time to Let Some Sun Shine in on Alternative Dispute Resolution
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Financial Options, Real Options, and Legal Options: Opting to Exploit Ourselves and What We Can Do About It
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Mandatory Arbitration in Insurance Disputes: Inverse Preemption of the Federal Arbitration Act
February 8, 2012
This article provides a description of the Federal Arbitration Act (FAA) and explains the concerns raised by application of the FAA in the insurance context. The article goes on to explore how states concerned with the fairness of mandatory arbitration of insurance disputes can override the FAA through the McCarren-Ferguson Act.
February 8, 2012
This article provides a description of the Federal Arbitration Act (FAA) and explains the concerns raised by application of the FAA in the insurance context. The article goes on to explore how states concerned with the fairness of mandatory arbitration of insurance disputes can override the FAA through the McCarren-Ferguson Act.
The Court’s Implicit Roadmap: Charting the Prudent Course at the Juncture of Mandatory Arbitration Agreements and Class Action Lawsuits
February 8, 2012
This article explains the recent increase in mandatory arbitration agreements, discussing specifically the changing of the tide when the Supreme Court began to view these agreements as favorable. This change relates to agreements between consumers and companies. Lipshutz also explores the applicability of these mandatory arbitration agreements to class action suits.
February 8, 2012
This article explains the recent increase in mandatory arbitration agreements, discussing specifically the changing of the tide when the Supreme Court began to view these agreements as favorable. This change relates to agreements between consumers and companies. Lipshutz also explores the applicability of these mandatory arbitration agreements to class action suits.
The Federal Arbitration Act and the Jurisdiction of Federal Courts
February 8, 2012
This article examines one battle over the terms of the Federal Arbitration Act: whether or not a federal court has jurisdiction to enforce an arbitration agreement based on the federal nature of the underlying dispute. Szalai looks at all the statutory evidence to conclude that a broad jurisdictional interpretation of the FAA is most likely proper.
February 8, 2012
This article examines one battle over the terms of the Federal Arbitration Act: whether or not a federal court has jurisdiction to enforce an arbitration agreement based on the federal nature of the underlying dispute. Szalai looks at all the statutory evidence to conclude that a broad jurisdictional interpretation of the FAA is most likely proper.
