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Arbitration And Federal Reform
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Book Synopsis Arbitration and Federal Reform by : Larry J. Pittman
Download or read book Arbitration and Federal Reform written by Larry J. Pittman and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1925, Congress, to provide for the enforcement of certain arbitration agreements, enacted the Federal Arbitration Act ("FAA") as a procedural law to be applicable only in federal courts. However, the United States Supreme Court, seemingly for the purpose of reducing federal courts' caseloads, co-opted the FAA by disregarding Congress's intent that the FAA be applicable only in federal courts. And in furtherance of its own Court-created ''federal policy in favor of arbitration," the Court created precedents that limit state regulation of arbitration agreements, including that states cannot exempt disputes from forced or mandatory arbitration agreements or otherwise regulate the enforcement of arbitration agreements in a manner that is inconsistent with the FAA. The Court's precedents have left a regulatory gap where states cannot prevent some of the dangers that arbitration poses to litigants in many areas of the law, including in consumer and employment contracts. Recently, however, Congress has reentered the arbitration field to reassert its authority over arbitration. In 2022, it enacted the Ending Forced Arbitration of Sexual Abuse and Sexual Harassment Act to exclude these types of claims from forced or mandatory arbitration. This Article asserts that Congress, having reentered the field, should continue its reforms of the FAA to recalibrate the balance of power between the Court and Congress. This would include Congress clearly stating whether Section 2 of the FAA should be applicable only in federal courts; should not be applicable to adhesion arbitration agreements; and should not be applicable to federal statutory claims, as well as whether the lack of diversity in arbitrators should be one of the justifications for not enforcing predispute arbitration agreements. This Articles discusses these topics and offers suggestions on how Congress should resolve these issues.
Download or read book The Federal Arbitration ACT written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. House. Committee on Oversight and Government Reform. Subcommittee on Domestic Policy Publisher : ISBN 13 : Total Pages :272 pages Book Rating :4.:/5 (318 download)
Book Synopsis Arbitration Or Arbitrary by : United States. Congress. House. Committee on Oversight and Government Reform. Subcommittee on Domestic Policy
Download or read book Arbitration Or Arbitrary written by United States. Congress. House. Committee on Oversight and Government Reform. Subcommittee on Domestic Policy and published by . This book was released on 2011 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Arbitration Law in America by : Edward Brunet
Download or read book Arbitration Law in America written by Edward Brunet and published by Cambridge University Press. This book was released on 2006-01-09 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book argues that the Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and a detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical - to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors.
Author :United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Telecommunications and Finance Publisher : ISBN 13 : Total Pages :608 pages Book Rating :4.3/5 (121 download)
Book Synopsis Arbitration Reform by : United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Telecommunications and Finance
Download or read book Arbitration Reform written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Telecommunications and Finance and published by . This book was released on 1989 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Sector Arbitration by : Terry Elton Thomason
Download or read book Federal Sector Arbitration written by Terry Elton Thomason and published by . This book was released on 1988 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Privatizing Justice by : Sarah Staszak
Download or read book Privatizing Justice written by Sarah Staszak and published by Oxford University Press. This book was released on 2024 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the use of arbitration in the private sector has grown dramatically in recent decades, arbitration itself is not new. Yet the practice today looks very different than it did at its origins. How did arbitration shift from providing a low cost, less adversarial, and more efficient way of handling disputes between relative equals to a private, non-reviewable, and compulsory forum for resolving disputes between individuals and corporations that almost always favors the latter? Privatizing Justice examines the broader institutional, political, and legal dynamics that shaped this century-long transformation and explains why the system that emerged has shifted power to corporations, exacerbated inequality, and eroded democracy.
Book Synopsis American Arbitration Law by : Ian R. Macneil
Download or read book American Arbitration Law written by Ian R. Macneil and published by Oxford University Press. This book was released on 1992-09-24 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an overburdened and cumbersome system of court litigation, arbitration is becoming an increasingly attractive means of settling disputes. Government enforcement of arbitration agreements and awards is, however, rife with tensions. Among them are tensions between freedom of contract and the need to protect the weak or ill-informed, between the protections of judicial process and the efficiency and responsiveness of more informal justice, between the federal government and the states. Macneil examines the history of the American arbitration law that deals with these and other tensions. He analyzes the personalities and forces that animated the passing of the United States Arbitration Act of 1925, and its later revolutionizing by the Supreme Court. Macneil also discusses how distorted perceptions of arbitration history in turn distort current law.
Book Synopsis Legal Status of Federal-sector Arbitration by : Frank Elkouri
Download or read book Legal Status of Federal-sector Arbitration written by Frank Elkouri and published by . This book was released on 1980 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice Publisher : ISBN 13 : Total Pages :154 pages Book Rating :4.0/5 ( download)
Book Synopsis The Court Arbitration Authorization Act by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice
Download or read book The Court Arbitration Authorization Act written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice and published by . This book was released on 1994 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Employment Arbitration - 2nd Edition by : Thomas E. Carbonneau
Download or read book Employment Arbitration - 2nd Edition written by Thomas E. Carbonneau and published by Juris Publishing, Inc.. This book was released on 2006-06-01 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Arbitration provides practical commentary and analysis in the area of employment arbitration, for both the novice and the seasoned practitioner. It contains a comprehensive overview of the major developments in this emerging field and it supplies the reader with analysis, perspective, and commentary. The cases selected for presentation and analysis are the most significant decided to date. The case summaries are comprehensive, cogent, and objectively rendered. In addition, they contain critical evaluations which can be of use in developing litigation strategy or advising clients on business practices. The volume also describes and assesses political developments - proposed legislation and lobbying efforts - that address or which could affect this new use of arbitration. Employment Arbitrationemphasizes a number of issues that are particularly controversial in the area: the enforceability of employer-imposed arbitration agreements, the award of attorney’s fees and punitive damages, and the review of arbitral determinations on civil rights claims. Finally, the volume provides the reader with model employment arbitration agreements that are accompanied by extensive commentary and explanations.
Book Synopsis Arbitration in a Nutshell by : Thomas E. Carbonneau
Download or read book Arbitration in a Nutshell written by Thomas E. Carbonneau and published by West Academic Publishing. This book was released on 2007 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nutshell on Arbitration Law is a concentrated summary of all the major aspects of the U.S. law of arbitration. It addresses the major facets of the law---for example, freedom of contract, federal preemption, and wide-ranging arbitrability---with a thorough sense of the relevant case law and the ultimately applicable legal rules. It identifies the various forms of arbitration---labor, commercial, employment, consumer, and securities---with a full awareness of their unifying characteristics and the features that make them unique. The volume also states the various dimensions of the current debate about arbitration within the court system and the legislature. In particular, the book highlights the instrumental role of the U.S. Supreme Court in bringing arbitration to a new day. The book is concise and complete---a must red for anyone interested in arbitration.
Book Synopsis The Vienna Rules by : Franz T. Schwarz
Download or read book The Vienna Rules written by Franz T. Schwarz and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 1138 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the new Vienna Rules and the Austrian Arbitration Act that both came into effect on 1 July 2006 as the result of a major reform. It is devoted to two principles. First, it recognizes that no two international arbitrations are the same. Arbitration thrives, and is today the predominant method of transnational dispute resolution, because it meets the demands of international business for flexibility and efficacy. Arbitration will continue to succeed if it retains those properties, allowing for the adoption of procedures that are customized to satisfy the commercial prerogatives of the individual case. This book seeks to provide its readers with a general framework, and specific instruments, to negotiate that process.
Author :United States. Congress. House. Committee on Government Reform and Oversight. Subcommittee on Civil Service Publisher : ISBN 13 : Total Pages :236 pages Book Rating :4.:/5 (327 download)
Book Synopsis Civil Service Reform Four by : United States. Congress. House. Committee on Government Reform and Oversight. Subcommittee on Civil Service
Download or read book Civil Service Reform Four written by United States. Congress. House. Committee on Government Reform and Oversight. Subcommittee on Civil Service and published by . This book was released on 1997 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Tort Reform Legislation by : Henry Cohen
Download or read book Federal Tort Reform Legislation written by Henry Cohen and published by . This book was released on 2003 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Impact of the Federal Labor Relations Authority on Labor Arbitration in the Federal Sector by : Renate-Miranda Martha Schuessler-Laux
Download or read book The Impact of the Federal Labor Relations Authority on Labor Arbitration in the Federal Sector written by Renate-Miranda Martha Schuessler-Laux and published by . This book was released on 1985 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Federal Labor Relations by : United States. General Accounting Office
Download or read book Federal Labor Relations written by United States. General Accounting Office and published by . This book was released on 1991 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: