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All articles tagged '"First Amendment"'
7 articles found
Faith-Based Arbitration Increasing Across the U.S.
By Beth Graham - November 19, 2015
The arbitration process has the potential to eliminate many of the negative aspects of litigation including lengthy delays, inefficiencies, and confidentiality concerns.
Third Circuit Rules Delaware Arbitration Program is Unconstitutional
By Beth Graham - October 23, 2013
Today, a panel for the United States Third Circuit Court of Appeals held that business arbitrations conducted behind closed doors by members of Delaware’s Chancery Court are unconstitutional.
Arbitration and the Future of Delaware’s Corporate Law Franchise
By Beth Graham - June 19, 2013
n ongoing constitutional challenge to the unique Delaware Arbitration Program is a hot topic in ADR circles lately. Earlier this month, Disputing highlighted the relatively new program that allows sitting judges to act as arbitrators in a series of blog posts.
Part Three: Thoughts on the Constitutionality of the Delaware Arbitration Program
By Karl Bayer - June 10, 2013
This is the final installment in a three-part overview of Pepperdine University School of Law Professor Thomas Stipanowich’s newly published paper entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10.
Part Two: A Constitutional Challenge to the Delaware Arbitration Program
By Karl Bayer - June 7, 2013
The following is Part Two of a three-part overview of Professor Thomas Stipanowich’s recently published article entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10. Part One provided a brief overview of the Delaware Arbitration Program.
Medina Valley ISD Reaches a Mediated Settlement in School Prayer Case
By Victoria VanBuren - February 13, 2012
The Medina Valley Independent School District (“ISD”) reached a mediated settlement agreement (“MSA”) with an agnostic family that argued that traditions at the Medina Valley ISD excluded their son’s beliefs. See Schultz v. Medina Valley Indep. Sch. Dist. No. SA-11-CA-422-FB, 2011 U.S. Dist. LEXIS 126969 (W.D. Tex. Nov. 2, 2011). The issue in the case was whether the Constitution allows for a governmental body (the M
The Doctrine of Ecclesiastical Abstention
By Rob Hargrove - May 11, 2006
This morning, the Third Court of Appeals released an opinion reviewing a Travis County trial court decision to dismiss certain claims against an Oak Hill church for lack of subject matter jurisdiction, based on the ecclesiastical abstention doctrine, which in turn stems from the First Amendment to the U.S. Constitution. The Third Court of Appeals, after presenting a fairly detailed discussion of the doctrine (and, in turn, of the historical relat
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