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Archived articles from 2014
173 articles found
Retaliatory Employment Arbitration
By Beth Graham - April 28, 2014
Michael Z. Green, Professor of Law at the Texas A&M University School of Law, has published an interesting article entitled, Retaliatory Employment Arbitration, Berkeley Journal of Employment and Labor Law, Vol. 35, 2014.
Fifth Circuit Refuses to Reconsider D.R. Horton v. NLRB Decision
By Beth Graham - April 21, 2014
Last Wednesday, the United States Court of Appeals for the Fifth Circuit refused to reconsider its December opinion in which the court stated a mandatory arbitration agreement that bars a group of employees from engaging in class arbitration does not violate federal labor law.
Contractual Waivers of Investment Arbitration: Wa(I)ve of the Future?
By Beth Graham - April 19, 2014
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law has published Contractual Waivers of Investment Arbitration: Wa(I)ve of the Future?, 29 ICSID Review-Foreign Investment Law Journal 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-13.
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part V
By Renee Kolar - April 16, 2014
The rise of Online Dispute Resolution has lead to some debate over its effectiveness and the benefits of its use. According to some scholars, computer-mediated communication (CMC), which is inextricably linked with ODR, facilitates the interaction process through the use of computers; however, with e-negotiation, for example, it is also believed that [CMC] can undercut the effectiveness of negotiation and lead to “misunderstandings, sinister attr
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part IV
By Renee Kolar - April 15, 2014
The adoption of ODR services by major ADR service providers should not come as a surprise, especially considering the assortment of providers solely dedicated to ODR that exist on the Internet. As mentioned before, over 60 providers of ODR currently exist.
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part III
By Renee Kolar - April 14, 2014
Online Dispute Resolution, naturally, exists online. Attempting a general Internet search for ODR providers will provide a potentially overwhelming amount of results. Currently, over 60 academically recognized ORD providers exist.
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part II
By Renee Kolar - April 11, 2014
Online Dispute Resolution means exactly what it says: it is a method of resolving disputes through the use of an “online” system (the Internet). However, there is some ambiguity as to what this could entail.
Fifth Circuit Holds Issue of Arbitrability Must be Decided by an Arbitrator in Pharmacy Dispute
By Beth Graham - April 10, 2014
The United States Court of Appeals for the Fifth Circuit has ordered that a dispute between numerous independent pharmacies and CVS Caremark Corporation and three of the company’s related business entities (“CVS”) be submitted to arbitration.
Online Dispute Resolution: An Amorphous Concept, Yet an Effective Tool Part I
By Renee Kolar - April 10, 2014
Technology is becoming an ever more integrated part of society, playing a role—or at the very least touching—nearly every aspect of daily life. The world of arbitration is no exception to this phenomenon.
THE MCCARRAN-FERGUSON ACT AND REVERSE PREEMPTION PART V
By Renee Kolar - April 9, 2014
In 2010, the PPACA was signed into law.[1] The PPACA was enacted with the goals of increasing the quality and affordability of health insurance, lowering the uninsured rate by expanding public and private insurance coverage, and reducing the costs of healthcare for individuals and the government.[2]
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