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All articles tagged '"arbitration clauses"'
85 articles found
Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights
By Beth Graham - May 12, 2015
Judith Resnik, Arthur Liman Professor of Law at Yale Law School, has published “Diffusing Disputes: The Public in the Private of Arbitration, the Private in Courts, and the Erasure of Rights,” 124 Yale Law Journal 2015. In her article, Professor Resnik provides a different perspective regarding the effect recent Supreme Court precedent pertaining to class waivers has had on arbitration in the United States.
The Will as an Implied Unilateral Arbitration Contract
By Beth Graham - March 19, 2015
E. Gary Spitko, Professor of Law at the Santa Clara University School of Law has published an interesting article entitled, “The Will as an Implied Unilateral Arbitration Contract,” Florida Law Review, Forthcoming; Santa Clara Univ. Legal Studies Research Paper No. 6-15.
The End of Class Actions?
By Beth Graham - March 15, 2015
Vanderbilt Law School Professor Brian T. Fitzpatrick has published “The End of Class Actions?,” Arizona Law Review, Vol. 57, No. 1, 2015; Vanderbilt Public Law Research Paper No. 15-2; Vanderbilt Law and Economics Research Paper No. 15-5.
Manufactured Consent: The Problem of Arbitration Clauses in Corporate Charters and Bylaws
By Beth Graham - March 5, 2015
Ann M. Lipton, Visiting Assistant Professor of Law at Duke University School of Law has published "Manufactured Consent: The Problem of Arbitration Clauses in Corporate Charters and Bylaws," 104 Georgetown Law Journal __, Forthcoming.
One-Third of Online Retailers in the U.S. Now Require Consumer Arbitration or Restrict Class-Action Lawsuits
By Beth Graham - October 29, 2014
Online retailers in the United States are increasingly requiring consumers to arbitrate disputes through their terms-of-service rules. According to an article recently published in a New York Times blog, the Upshot, approximately one-third of the top 200 retail websites operating in the U.S. now uses clickwrap or browsewrap agreements to ban class action lawsuits or to require arbitration of consumer disputes.
N.D. of Texas Compels Arbitration and Urges Mediation in Infectious Disease Doctors’ Insurance Dispute
By Beth Graham - October 9, 2014
The Northern District of Texas has ordered a portion of a dispute between a medical practice and an insurance company to arbitration and urged the parties to mediate their remaining claims. In Infectious Disease Doctors P. A. v. Bluecross Blueshield of Texas, No. 3:13-CV-02920-L (N. D. Tex., September 30, 2014), an infectious disease medical practice, Infectious Disease Doctors (“IDD”), sought payment from Bluecross Blueshield of Texas (“BCBSTX”
EnergyBuzz: Arbitration for Energy Disputes
By Beth Graham - October 8, 2014
According to a Texas Lawyer article published this week, the arbitration of energy sector disputes has dramatically increased across Texas in recent years. In EnergyBuzz: Arbitration for Energy Disputes, Scott D. Marrs and Andrew B. Barton state that horizontal drilling and fracking in Texas may result in “complex energy disputes that often cross jurisdictional boundaries.”
New AAA Consumer Arbitration Rules are Now in Effect
By Beth Graham - September 18, 2014
On September 1st, new American Arbitration Association (AAA) Consumer Arbitration Rules went into effect. The 55 new rules reportedly replaced the eight Consumer-Related Disputes Supplementary Procedures that previously applied to consumer arbitrations filed with the organization. The new rules apply to all arbitral cases filed after September 1, 2014.
Wolves of the World Wide Web: Reforming Social Networks’ Contracting Practices
By Beth Graham - September 10, 2014
Michael L. Rustad, Thomas F. Lambert Jr. Professor of Law at Suffolk University Law School, and Thomas H. Koenig, Professor of Sociology and Anthropology in the Law and Public Policy program at Northeastern University, have published an interesting research paper entitled, Wolves of the World Wide Web: Reforming Social Networks’ Contracting Practices, Wake Forest Law Review (Forthcoming); Suffolk University Law School Research Paper No. 14-25.
Gaming the System: Protecting Consumers from Unconscionable Contractual Forum Selection and Arbitration Clauses
By Beth Graham - September 5, 2014
Professor Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has authored Gaming the System: Protecting Consumers from Unconscionable Contractual Forum Selection and Arbitration Clauses, Forthcoming 66 Hasting L.J. ___ (symposium issue #3, 2015)(draft paper); U of Texas Law, Public Law Research Paper No. 568.
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