Volume 67, Number 4 Category
“Sticky” Arbitration Clauses? The Use of Arbitration Clauses After Concepcion and Amex
Jun. 14, 2014—Sticky Arbitration Clauses? We present the results of the first empirical study of the extent to which businesses have switched to arbitration after AT&T Mobility LLC v. Concepcion. The Supreme Court’s decision in Concepcion led commentators to predict that every business soon would use an arbitration clause, coupled with a class arbitration waiver, in their...
Enjoining Abuse: The Case for Indefinite Domestic Violence Protection Orders
Jun. 14, 2014—Enjoining Abuse- The Case for Indefinite Domestic Violence Protection Orders While countless studies demonstrate the complex and dangerous nature of intimate partner abuse, most jurisdictions permit only the entry of yearlong domestic violence protection orders. Judges may assume that danger ceases once the order takes effect, but evidence of the recurrent nature of violence demonstrates...
In Defense of American Criminal Justice
Jun. 14, 2014—In Defense of American Criminal Justice
Is FINRA a State Actor? A Question that Exposes the Flaws of the State Action Doctrine and Suggests a Way to Redeem It
Jun. 14, 2014—Is FINRA a State Actor?
Making or Breaking Your Billion Dollar Case: U.S. Judicial Assistance to Private International Arbitration Under 28 U.S.C. § 1782(a)
Jun. 14, 2014—Making or Breaking Your Billion Dollar Case