Add to ORKGThis article examines some of the cases in which courts have enforced arbitration clauses in personal injury litigation and considers why courts have reached the outcomes they have. It evaluates the ways that arbitration can disturb the traditional values of procedural justice, contractual fairness and the enforcement of tort-based duties. It suggests changes in the law regarding mandatory arbitration of personal injury claims and explores the extent to which change is possible
In this Article, Professor Guzman resolves the tension that exists between mandatory legal rules and...
As arbitration processes have improved over the last ten years, the negative perception of mandatory...
Having spent much of her academic life battling companies\u27 mandatory imposition of binding arbitr...
People thinking about contractual arbitration clauses usually envision the resulting disputes as con...
Part II of this Article will provide a survey of the FAA, the cases that have enforced it since its ...
This Article analyzes the United States Federal Arbitration Act, as a statutory framework for effect...
Among the most important recent developments in U.S. civil procedure is the rise of arbitration as a...
Among the most important recent developments in U.S. civil procedure is the rise of arbitration as a...
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/c...
This Article is part of my larger project exploring what I call contracting culture, which borrows...
Until recently, it was understood that mandatory arbitration was “do-it-yourself tort reform”: corpo...
Arbitration clauses in contracts require consumers to waive their rights to bring litigation in cour...
Recent United States Supreme Court decisions reaffirm the Court’s emphatic interpretation of the Fed...
Arbitration has been demonized in the media and consumer protection debates, often without empirical...
This Comment advocates against the use of mandatory arbitration clauses in healthcare providers’ pat...
In this Article, Professor Guzman resolves the tension that exists between mandatory legal rules and...
As arbitration processes have improved over the last ten years, the negative perception of mandatory...
Having spent much of her academic life battling companies\u27 mandatory imposition of binding arbitr...
People thinking about contractual arbitration clauses usually envision the resulting disputes as con...
Part II of this Article will provide a survey of the FAA, the cases that have enforced it since its ...
This Article analyzes the United States Federal Arbitration Act, as a statutory framework for effect...
Among the most important recent developments in U.S. civil procedure is the rise of arbitration as a...
Among the most important recent developments in U.S. civil procedure is the rise of arbitration as a...
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/c...
This Article is part of my larger project exploring what I call contracting culture, which borrows...
Until recently, it was understood that mandatory arbitration was “do-it-yourself tort reform”: corpo...
Arbitration clauses in contracts require consumers to waive their rights to bring litigation in cour...
Recent United States Supreme Court decisions reaffirm the Court’s emphatic interpretation of the Fed...
Arbitration has been demonized in the media and consumer protection debates, often without empirical...
This Comment advocates against the use of mandatory arbitration clauses in healthcare providers’ pat...
In this Article, Professor Guzman resolves the tension that exists between mandatory legal rules and...
As arbitration processes have improved over the last ten years, the negative perception of mandatory...
Having spent much of her academic life battling companies\u27 mandatory imposition of binding arbitr...