References
The Shareholder Wealth Implications of Corporate Lawsuits
February 8, 2012
This paper analyzes lawsuits in which at least one side, plaintiff or defendant, is a corporation. In particular, we provide evidence on the relative frequency of the legal issues involved, the incidence of suits by whether the opponent is another firm, governmental entity, or non- corporate private entity. Furthermore, we explore the direct and indirect costs and benefits to firms involved in different types of legal battles. Specifically, we examine the stock market reaction to filing and settlement...
February 8, 2012
This paper analyzes lawsuits in which at least one side, plaintiff or defendant, is a corporation. In particular, we provide evidence on the relative frequency of the legal issues involved, the incidence of suits by whether the opponent is another firm, governmental entity, or non- corporate private entity. Furthermore, we explore the direct and indirect costs and benefits to firms involved in different types of legal battles. Specifically, we examine the stock market reaction to filing and settlement...
Myth of the Color-Blind Judge: An Empirical Analysis of Racial Harassment Cases
February 8, 2012
This empirical study of over 400 federal cases, representing workplace racial harassment jurisprudence over a twenty-year period, found that judges' race significantly affects outcomes in these cases. African American judges rule differently than White judges, even when we take into account their political affiliation and case characteristics. At the same time, our findings indicate that judges of all races are attentive to relevant facts of the cases but interpret them differently. Thus, while we cannot...
February 8, 2012
This empirical study of over 400 federal cases, representing workplace racial harassment jurisprudence over a twenty-year period, found that judges' race significantly affects outcomes in these cases. African American judges rule differently than White judges, even when we take into account their political affiliation and case characteristics. At the same time, our findings indicate that judges of all races are attentive to relevant facts of the cases but interpret them differently. Thus, while we cannot...
Are Arbitrators Above the Law? The Manifest Disregard of the Law Standard
February 8, 2012
This article studies the role of courts when they review awards that manifestly disregard the law. The Supreme Court has stated that it cannot review awards beyond the FAA's express terms, but it is not clear if that would include an arbitrator's manifest disregard of the law. The author analyzes the phrase through historical and empirical methods, contending that Congress inadvertently omitted manifest disregard from the FAA and that the standard should be affirmed to ensure that arbitrators cannot...
February 8, 2012
This article studies the role of courts when they review awards that manifestly disregard the law. The Supreme Court has stated that it cannot review awards beyond the FAA's express terms, but it is not clear if that would include an arbitrator's manifest disregard of the law. The author analyzes the phrase through historical and empirical methods, contending that Congress inadvertently omitted manifest disregard from the FAA and that the standard should be affirmed to ensure that arbitrators cannot...
Note, To Certify, or Not to Certify: A Comparison of Australia and the U.S. in Achieving National Mediator Certification
February 8, 2012
This article offers comparison of the mediation landscape between the United States and Australia. The article looks into how both countries began to explore the possibility of mediator accreditation, explores the different programs both countries proposed, why the U.S. has failed to implement a system so far, how Australia implemented a system and is moving forward, and why the U.S. should continue to push for an accreditation program.
February 8, 2012
This article offers comparison of the mediation landscape between the United States and Australia. The article looks into how both countries began to explore the possibility of mediator accreditation, explores the different programs both countries proposed, why the U.S. has failed to implement a system so far, how Australia implemented a system and is moving forward, and why the U.S. should continue to push for an accreditation program.
Securities Arbitrators Do Not Grow on Trees
February 8, 2012
This article gives a general background on securities arbitration and discusses whether current methods for selecting securities arbitrators should be revamped.
February 8, 2012
This article gives a general background on securities arbitration and discusses whether current methods for selecting securities arbitrators should be revamped.
Contract and Procedure
February 8, 2012
This article examines the questions underpinning procedural contracts and discusses their history through examination of changes in franchise arbitration clauses. It also analyzes the Supreme Court's decision in Rent-A-Center and defends a blend of self-regulation and judicial oversight as the optimal form of regulation of procedural contractual freedom. The article finally discusses the Court's decision in Stolt-Nielsen and argues that courts must construe the decision narrowly in order to reaffirm...
February 8, 2012
This article examines the questions underpinning procedural contracts and discusses their history through examination of changes in franchise arbitration clauses. It also analyzes the Supreme Court's decision in Rent-A-Center and defends a blend of self-regulation and judicial oversight as the optimal form of regulation of procedural contractual freedom. The article finally discusses the Court's decision in Stolt-Nielsen and argues that courts must construe the decision narrowly in order to reaffirm...
Meet Me on Death Row: Post-Sentence Victim-Offender Mediation in Capital Cases
February 8, 2012
This article discusses the potential benefits of victim-offender mediation between offenders and family members of victims involved in capital punishment cases.
February 8, 2012
This article discusses the potential benefits of victim-offender mediation between offenders and family members of victims involved in capital punishment cases.
Protecting Consumers from Arbitration Provisions in Cyberspace, The Federal Arbitration Act & E-Sign Notwithstanding
February 8, 2012
This article discusses the effect of the FAA and E-SIGN on state regulation of arbitration provisions in consumer-internet transactions.
February 8, 2012
This article discusses the effect of the FAA and E-SIGN on state regulation of arbitration provisions in consumer-internet transactions.
The Waterbed Effect: Where Buying and Selling Power Come Together
February 8, 2012
This article concerns the effect of differential buying power on consumers called the waterbed effect. The waterbed effect occurs when more powerful buyers are able to acquire better supply terms within negotiations and, as a result, cause a worsening of supply terms for smaller buyers in similar negotiations.
February 8, 2012
This article concerns the effect of differential buying power on consumers called the waterbed effect. The waterbed effect occurs when more powerful buyers are able to acquire better supply terms within negotiations and, as a result, cause a worsening of supply terms for smaller buyers in similar negotiations.
Fairness is in the Eyes of the Beholder
February 8, 2012
This article argues that the National Association of Securities Dealers (NASD) arbitration process has not adequately fulfilled the Congressional intent to provide investor protection. The article discusses the effects of Supreme Court decisions and recent legislation on the enforcement of mandatory pre-dispute securities arbitration agreements. The article traces the evolution of securities arbitration, focusing on the NASD Code of Arbitration and the creation of Financial Industry Regulatory Agency...
February 8, 2012
This article argues that the National Association of Securities Dealers (NASD) arbitration process has not adequately fulfilled the Congressional intent to provide investor protection. The article discusses the effects of Supreme Court decisions and recent legislation on the enforcement of mandatory pre-dispute securities arbitration agreements. The article traces the evolution of securities arbitration, focusing on the NASD Code of Arbitration and the creation of Financial Industry Regulatory Agency...
