Upcoming Events

Symposium on Dispute Resolution in Special Education

Thursday, February 27, 2014
2:00 – 5:00 PM | Barrister Club

Friday, February 28, 2014
8:00 AM – 4:00 PM | Ohio Union

 

126 – Requirements: Contractual Clauses

ARTICLES

David Horton, Colloquy Essay: Unconscionability Wars, 106 Nw. U. L. Rev. 387 (2012).
This essay discusses the trend of courts striking down one sided arbitration clauses as unconscionable. The author challenges two existing anti-unconscionability theories.
{44} ARBITRATION—GENERAL
{87} SUBJ MATTER: GOV’T
{126} REQUIREMENTS: CONTRACTUAL CLAUSES

Colin P. Marks, The Irony of AT&T v. Concepcion, 87 Ind. L.J. Supp. 31 (2012)
This article discusses the landmark arbitration case of AT&T v. Concepcion and the underlying Federal Arbitration Act, on which the opinion is based. The decision is apparently ironic because its effect runs counter to the intent of the legislation.
{44} ARBITRATION—GENERAL
{79} SUBJ MATTER: CONSUMER
{126} REQUIREMENTS: CONTRACTUAL CLAUSES

Maria Rendina, Note & Comment, Arbitration Clauses after Rent-A-Center v. Jackson and Granite Rock v. International Brotherhood of Teamsters, 43 U. Tol. L. Rev. 725 (2012).
This article attempts to resolve the tension in the Supreme Court’s precedent regarding arbitrability of arbitration clauses exhibited by these two cases. Starting with an examination of the history of arbitration law and the context of the titular cases, the article goes on to predict that the Supreme Court will continue to give preference to the arbitrability of contracts and their provisions despite the ruling in Granite Rock.
{44} ARBITRATION—GENERAL
{79} SUBJ MATTER: CONSUMER
{126} REQUIREMENTS: CONTRACTUAL CLAUSES

David S. Schwartz, Claim-Suppressing Arbitration: The New Rules, 87 Ind. L.J. 239 ( 2012)
The author argues stronger parties are using pre-dispute arbitration clauses to reduce the claims of weaker parties arising out of relationships between the two. Decisions of the Supreme Court have exacerbated the issues related to pre-dispute arbitration clauses between strong and weak parties.
{44} ARBITRATION—GENERAL
{102} SUBJ MATTER: PUBLIC POLICY
{126} REQUIREMENTS: CONTRACTUAL CLAUSES

Ashley M. Sergeant, Student Article, The Corporation’s New Lethal Weapon: Mandatory Binding Arbitration Clauses, 57 S.D. L. Rev. 149 (2012)
This article discusses drastic changes to arbitration and the influx of Supreme Court opinions expanding the use of mandatory binding arbitration clauses in employment contracts. This author provides information on the Federal Arbitration Act and five Supreme Court cases that have greatly expanded the use of binding arbitration. The comment discuses the advantages and disadvantages of mandatory binding arbitration clause and calls for the enactment of the Arbitration Fairness Act.
{45} ARB: MANDATORY, COURT-ANNEXED—GENERAL
{81} SUBJ MATTER: CORPORATE
{126} REQUIREMENTS: CONTRACTUAL CLAUSES

Michelle T. Sullivan, Binding Arbitration as a Means of Settling Public Sector Union Contracts: A Process with an Image Problem?, 43 U. Tol. L. Rev. 655 (2012).
This article analyzes recent debates in Ohio over binding arbitration in collective bargaining with public employees. After examining the animosity toward such clauses and the reason behind it, the author argues that binding arbitration is not a way for the union to win every time through the resolution of disputes by an outside party. The author concludes that binding arbitration prevents labor strikes and impasse in negotiations.
{44} ARBITRATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)
{126} REQUIREMENTS: CONTRACTUAL CLAUSES

Ginevra Ventre, The Federal Arbitration Act Preempts a State Law that Renders Unconscionable a Class Arbitration Waiver in a Consumer Adhesion Contract Likely to Involve Disputes over Small Sums of Money: AT&T Mobility LLC v. Concepcion, 50 Duq. L. Rev. 919 (2012).
This article primarily focuses AT&T Mobility v. Conception.  The author discusses the decision of the Court to hold that the Federal Arbitration Act preempts California state law when dealing with a specific aspect of contracts of adhesion.
{45} ARB: MANDATORY, COURT- ANNEXED—GENERAL
{79} SUBJ MATTER: CONSUMER
{126} REQUIREMENTS: CONTRACTUAL CLAUSES
 
Nicholas Walter, Religious Arbitration in the United States and Canada, 52 Santa Clara L. Rev. 501 (2012)
The author examines religious tribunals in the United States and Canada as a means of voluntary dispute resolution. The author takes the position that holding religious arbitration agreements enforceable in courts violates constitutional law in both countries and hinders, rather than promotes, religious freedom.
{44} ARBITRATION—GENERAL
{126} REQUIREMENTS: CONTRACTUAL CLAUSES

Maureen A. Weston, The Death of Class Arbitration After Conception?, 60 KAN. L. REV. 767 (2012).
This article examines the implications of Conception on the future of class actions, in court or arbitration, and analyzes the federalism issues at stake in the Court’s interpretation of the Federal Arbitration Act’s preemption of state law.   The article advocates for a narrow interpretation of the decision and the guarantee of a procedural option, which sometimes may include collective action, by which rights can be meaningfully vindicated.
{44} ARBITRATION—GENERAL
{126} REQUIREMENTS: CONTRACTUAL CLAUSES
{128} REQUIREMENTS: STATUTORY OR RULES

BOOKS

Tad Crawford, Business and Legal Forms for Crafters (2012).
Tailored specifically to craft makers, this book provides a collection of ready-to-use forms and negotiation checklists.
{60} ADR—GENERAL
{126} REQUIREMENTS: CONTRACTUAL CLAUSES