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Archived articles from August 2012
27 articles found
Physician as Team Captain
By Victoria VanBuren - August 30, 2012
By Holly Hayes “The era of ‘one patient, one doctor’ is coming to an end, and so today’s trainees will practice in collaborative teams rather than individually,” Carl Snyderman, MD, David Eibling, MD and Jonas Johnson, MD state in their article “The Physician as Team Leader: New Job Skills Are Required” in Academic Medicine, a journal of the Association of American Medical Colleges (AAMC). Atul Gawande, M
USADA Case against Lance Armstrong | Remaining Procedural Steps
By Victoria VanBuren - August 29, 2012
by Jeremy Clare Even though Lance Armstrong decided on August 23rd not to proceed to arbitration with the United States Anti-Doping Agency (“USADA”), the process for sanctioning Mr. Armstrong has not been completed. There are remaining procedural steps that must occur before the sanctions are finalized. Under Article 8.3 of the World Anti-Doping Code (the “Code”), USADA is obligated to send Mr. Armstrong, the International
GUEST-POST | Credit Card Arbitration by the (New) Numbers: Why Do Credit Card Issuers Use Arbitration Clauses?
By Victoria VanBuren - August 28, 2012
by Don Philbin The wide-spread use of arbitration clauses in consumer credit card agreements was one of the reasons for creating the Consumer Financial Protection Bureau (CFPB). One of the by-products of the Credit Card Accountability Responsibility and Disclosure Act of 2009 is an extensive database of credit card agreements. Professor Chris Drahozal takes a rigorous look at that data to test arbitration assumptions in the most recent issue of t
Fifth Circuit Rules that Arbitrator Bias Issue Must be Raised Before the Arbitration Award Is Rendered
By Victoria VanBuren - August 27, 2012
In Dealer Computer Servs. v. Michael Motor Co., No. 11-20053 (5th Cir. Aug. 14, 2012) Dealer Computer Services (“DCS”) provides hardware maintenance, software support, and computer hardware to automobile dealer Michael Motor Company (“MMC”). Their hardware and service contract contained an arbitration clause requiring the parties to resolve disputes in accordance with the Commercial Rules of the American Arbitration Association (“AAA”). A dispute
USADA Case against Lance Armstrong | USADA Announces Lance Armstrong’s Lifetime Ban from Sport and Forfeiture of Titles
By Victoria VanBuren - August 24, 2012
The United States Anti-Doping Agency (USADA) has released the following Statement today: August 24, 2012 USADA announced today that Lance Armstrong has chosen not to move forward with the independent arbitration process and as a result has received a lifetime period of ineligibility and disqualification of all competitive results from August 1, 1998 through the present, as the result of his anti-doping rule violations stemming from his involvemen
Disputing’s 7-Year Anniversary | Aug. 24, 2012
By Victoria VanBuren - August 24, 2012
Our blog Disputing turns seven today! Disputing was originally conceived by Karl Bayer and Rob Hargrove as a forum for discussion of legal developments as they happen. We have come a long way since our very first blog post and would like to thank our readers and blog contributors for your continued support. The Disputing team, Karl Bayer, Holly Hayes, Renée Kolar, Alyson Chaky & Victoria VanBuren
Recent Developments in International Arbitration | August 2012
By Victoria VanBuren - August 23, 2012
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): Turkey: Enforcement of foreign arbitral awards subject to progressive court fees Malaysia: Court rules on recognition of foreign arbitral awards Switzerland: No two-tier judicial review of constitution of arbitral tribunal USA: Can franchise agreement protect against
ABA Book | Stories Mediators Tell
By Victoria VanBuren - August 22, 2012
by Holly Hayes I recently discovered the book “Stories Mediators Tell” by Eric R. Galton and Lela P. Love published by the ABA Section of Dispute Resolution (Feb 2012). Our friend Jeff Jury, from Austin, contributed the story “The Problem of Sharing Space”. The introduction states: Some of the stories in this book are factual, an effort to recount precisely what happened in a particular mediation. Some are an effort of the
Professor S.I. Strong Named as a U.S. Supreme Court Fellow for the 2012-2013 Term
By Victoria VanBuren - August 21, 2012
We are pleased to announce that our blog contributor, Professor S.I. Strong (University of Missouri School of Law), has been selected as a Fellow of the Supreme Court of the United States for the 2012-13 term. Professor Strong will be assigned to the International Relations Office of the Federal Judicial Center, where she will examine the federal judicial process and seek, propose, and implement solutions to problems in the administration of just
Armstrong v. Tygart | Austin Federal Court Dismisses Lance Armstrong Lawsuit Against USADA
By Victoria VanBuren - August 20, 2012
Today, the U.S. District Court for the Western District of Texas, Austin Division, dismissed Lance Armstrong lawsuit against the U.S. Anti-Doping Agency (USADA). Agreement to Arbitrate The court held that Armstrong agreed to arbitrate at least some of his claims. The court found that Armstrong agreed to abide by USA Cycling’s rules and those rules incorporate the USADA Protocol, which requires athletes to contest doping sanctions through ar
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