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All articles tagged '"US Supreme Court"'
26 articles found
Incentives for Large-Scale Arbitration: How Policymakers Can Influence Party Behaviour
By Beth Graham - December 1, 2015
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law and Senior Fellow at the Center for the Study of Dispute Resolution, has authored “Incentives for Large-Scale Arbitration: How Policymakers Can Influence Party Behaviour (Chapter),” Dossier XIII: Class and Group Actions in Arbitration (ICC Institute of World Business Law, anticipated 2016); University of Missouri School of Law Legal Studies Research Paper N
Regulation of Dispute Resolution in the United States of America
By Beth Graham - October 15, 2013
Carrie Menkel-Meadow, Professor of Law at the Georgetown University Law Center and Chancellor's Professor of Law At the University of California Irvine School of Law, has published "Regulation of Dispute Resolution in the United States of America: From the Formal to the Informal to the ‘Semi-Formal’" in Regulating Dispute Resolution: ADR and Access to Justice at the Crossroads, Felix Steffek, Hannes Unberath, Hazel Genn, Reinhard Greger & Carrie
GUEST-POST | The US Consumer Finance Protection Bureau Announces Its Review of Mandatory Pre-dispute Arbitration Agreements
By Victoria VanBuren - May 1, 2012
By Mark Kantor On April 24, the US Consumer Finance Protection Bureau (CFPB) announced that it is commencing its review of mandatory pre-dispute arbitration agreements with respect to consumer finance products and services. See the Bloomberg report of the CFPB announcement here. As readers may know, there has been heated discussion that the US Supreme Court decision in AT&T Mobility LLC v. Concepcion will enable financial institutions to comp
U.S. Supreme Court Decides AT&T Mobility, LLC v. Concepcion
By Beth Graham - April 27, 2011
In a 5-4 decision, the United States Supreme Court ruled today that the the Federal Arbitration Act preempted California law with regard to class arbitration in AT&T Mobility, LLC v. Concepcion, 09-893, (April 27, 2011). Check back for more information on the case soon. Disputing‘s previous blog posted after the Court heard oral argument in the case is available here. Technorati Tags: law, ADR, arbitration
U.S. Supreme Court Grants Cert in Arbitration Case, Denies Another
By Beth Graham - February 25, 2011
On Tuesday, the United States Supreme Court granted certiorari in Stok & Associates PA v. Citibank NA, No. 10-514, a case on appeal from the 11th Circuit Court of Appeals. The question presented in the case is: Under the Federal Arbitration Act, should a party be required to demonstrate prejudice after the opposing party waived its contractual right to arbitrate by participating in litigation, in order for such waiver to be binding and irrevo
Law Review Article | Contract and Procedure
By Beth Graham - February 17, 2011
Christopher R. Drahozal, John M. Rounds Professor of Law at the University of Kansas School of Law, and Peter B. Rutledge, Associate Professor of Law at the University of Georgia School of Law, recently authored a theoretical and empirical law review article entitled Contract and Procedure, (February 14, 2011), Marquette Law Review, Forthcoming; University of Kansas School of Law Working Paper No. 2011-1; UGA Legal Studies Research Paper No. 11-0
Article | Are Arbitrators Above the Law? The ‘Manifest Disregard of the Law’ Standard
By Beth Graham - February 8, 2011
Michael H. LeRoy, Professor of Labor and Industrial Relations and Law at the University of Illinois College of Law, recently published a law review article entitled Are Arbitrators Above the Law? The ‘Manifest Disregard of the Law’ Standard, Boston College Law Review, Vol. 52, No. 1, p. 137, 2011; Illinois Program in Law, Behavior and Social Science Paper. In his article, Professor LeRoy examines the effect Hall Street Associates v. M
Article | Revelation and Reaction: The Struggle to Shape American Arbitration
By Beth Graham - January 28, 2011
Last week, Thomas J. Stipanowich, William H. Webster Chair in Dispute Resolution and Professor of Law at Pepperdine School of Law, and Academic Director of the Straus Institute for Dispute Resolution, was the keynote speaker at Fordham Law School’s Fifth Annual Alternative Dispute Resolution Symposium. At the Symposium, Professor Stipanowich presented a paper entitled “Revelation and Reaction: The Struggle to Shape American Arbitration.” The pape
GUEST-POST | 2010 U.S. Supreme Court and Fifth Circuit Activity Reports
By Beth Graham - January 10, 2011
By Don Philbin U.S. Chief Justice John Roberts released his sixth Year-End Report on the Federal Judiciary on New Year’s Eve. While most of the press coverage has turned on his discussion of judicial vacancies, a three-page appendix highlights the workload of the federal courts. The Clerk of the Fifth Circuit produces a similar workload report containing insightful statistics, and the Texas Lawyer recently reviewed certain statistics for t
Law Review Article | I Could Have Been a Contender…
By Beth Graham - January 4, 2011
Nancy Welsh, Professor of Law at the Pennsylvania State University Dickinson School of Law recently authored “I Could Have Been a Contender: Summary Jury Trial As A Means to Overcome Iqbal’s Negative Effects Upon Pre-Litigation Communication, Negotiation and Early, Consensual Dispute Resolution,” 114 Penn St. L. Rev. Vol. 114:4, No. 1149, 2010. In her article, Professor Welsh argues that recent U.S. Supreme Court decisions may be underminin
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