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

 

127 – Requirements: Mandate to Use

Kristen M. BlankleyTaming the Wild West of Arbitration Ethics, 60 KAN. L. REV. 925 (2012).
This article considers if current law and various arbitration mechanisms effectively prevent parties and attorneys from committing acts not tolerated in litigation.  Seeing a potential area of exploitation, this article calls for the extension of perjury and tampering laws to the arbitral forum.
{44} ARBITRATION—GENERAL
{127} REQUIREMENTS: MANDATE TO USE
{138} ETHICS: GENERAL

Richard C. ReubenFAA Law, Without the Activism: What if the Bellwether Cases Were Decided by a Truly Conservative Court?, 60 KAN. L. REV. 883 (2012).
Would certain important Supreme Court decisions regarding arbitration have been decided differently by a truly conservative Court?  This article investigates this question and muses about the hypothetical state of arbitration today if a truly conservative court had decided these important cases.
{44} ARBITRATION—GENERAL
{125} COMPARISONS: HISTORICAL
{127} REQUIREMENTS: MANDATE TO USE

Jeffrey W. StempelTainted Love: An Increasingly Odd Arbitral Infatuation in Derogation of Sound and Consistent Jurisprudence, 60 KAN. L. REV. 795 (2012).
This article examines the complex relationship between the Supreme Court and arbitration.  At times, the Court will rule in favor of arbitration in the face of historically recognized principles to the contrary. At other times, the Court will rule against arbitration because of unrelated prejudices regarding other areas of the law.  This article concludes that this inconsistent, or “tainted,” love appears that it will continue unabated.
{44} ARBITRATION—GENERAL
{125} COMPARISONS: HISTORICAL
{127} REQUIREMENTS: MANDATE TO USE

James M. TsimisThe Privatization of Civil Justice: An Exposition on New York’s Prompt Payment Law and its Imposition of Mandatory Arbitration, 28 Touro L. Rev. 323 (2012).
The author discusses the problems inherent in the Prompt Payment Law’s imposition of mandatory arbitration on the parties in a construction payment dispute. Namely, this article makes the case that the arbitration under this law is not the remedy alternative dispute resolution is meant to provide and is instead an unconstitutional restriction of personal rights.
{45}     ARB: MANDATORY, COURT-ANNEXED—GENERAL
{76}     SUBJ MATTER: CIVIL RIGHTS
{127}   REQUIREMENTS: MANDATE TO USE