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About the Journal:
The Journal of American Arbitration is published by the Tulane Arbitration Institute and the Center for Arbitration and Mediation at the Penn State Dickinson School of Law. The Journal provides information and commentary on developments in domestic U.S. arbitration law. Arbitration has expanded enormously in domestic practice during the last several years. The U.S. Supreme Court has made arbitration the remedy of choice in a wide variety of fields--from commercial matters to consumer disputes of all kinds to securities and employment. Legal professionals cannot ignore the radical changes in the role and function of arbitration. The Journal identifies fundamental developments and provides a thorough and useful practical commentary on them. It features contributions by distinguished practitioners and academic lawyers.
THE JOURNAL OF AMERICAN ARBITRATION
VOLUME 3 2004 NUMBER 2
CONTENTS
Articles
BINDING ARBITRATION AND
SPECIFIC PERFORMANCE UNDER
THE FAA: WILL THIS MARRIAGE
OF CONVENIENCE SURVIVE? ............. Kenneth F. Dunham
Case Notes
THE NARROW GROUNDS OF
VACATUR: THE FIFTH CIRCUIT'S
LIMITED ACCEPTANCE OF
INDEPENDENT, NONSTATUTORY
GROUNDS FOR VACATING
ARBITRATION AWARDS IN
BRABHAM V. A.G. EDWARDS &
SONS.................................................. Scott Czerwonka
ARBITRATOR IMPARTIALITY--
"PATENTLY" OBVIOUS? THE
SECOND CIRCUIT LOOKS AT
NONDISCLOSURE AND RELATIONSHIPS
IN LUCENT TECHNOLOGIES, INC. V.
TATUNG CO........................................ Melissa Bitting
THE FIFTH CIRCUIT REAFFIRMS
ABILITY OF PARTIES TO EXPAND
THE SCOPE OF JUDICIAL REVIEW
IN ARBITRATION AGREEMENTS IN
PRESCOTT V. NORTHLAKE CHRISTIAN
SCHOOL ............................................. Seth Mosebey
"QUESTIONS OF LAW" OR
"QUESTIONS OF ARBITRABILITY?":
THE ELEVENTH CIRCUIT'S APPLICATION
OF ALL WRITS ACT INJUNCTIONS TO
ARBITRATION PANELS IN KLAY V.
UNITED HEALTHGROUP, INC. ............. Katherine E. Zengion
PALCKO V. AIRBORNE EXPRESS, INC.:
THIRD CIRCUIT SUBJECTS
ARBITRATION AGREEMENT TO
STATE LAW REGARDLESS OF THE
EXEMPTION STATUS UNDER THE
FAA.................................................. Kristi Johnson
THE FEDERAL ARBITRATION ACT
AND SUBJECT MATTER JURISDICTION:
THE NINTH CIRCUIT FINDS FEDERAL
QUESTION JURISDICTION IN CLAIM
OF MANIFEST DISREGARD OF THE
LAW IN LUONG V. CIRCUIT CITY
STORES, INC. ...................................... Sandra K. Partridge
CAMPBELL V. GENERAL DYNAMICS
GOVERNMENT SYSTEMS CORP.:
THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF
MASSACHUSETTS RULES THAT
EMPLOYER'S EMAIL MESSAGE
WAS INSUFFICIENT TO WAIVE
EMPLOYEE'S RIGHT TO FEDERAL
JURY TRIAL ....................................... Burgess Bradshaw
AGUILAR V. LERNER: CALIFORNIA'S
HIGHEST COURT CLARIFIES
ISSUES OF JUDICIAL ESTOPPEL
AND WAIVER, BUT THE POWER
STRUGGLE BETWEEN SEPARATE
ARBITRATION ACTS STANDS
UNRESOLVED .................................... Joseph S. McCulloch
WHEN CAN COURTS CONSOLIDATE
ARBITRABLE CLAIMS? THE
MINNESOTA SUPREME COURT
ANSWERS IN ILLINOIS FARMERS
INSURANCE CO. V. GLASS
SERVICE CO. ...................................... Kristin Schork
THE ALABAMA SUPREME
COURT REJECTS STATE
STATUTE THAT ARBITRATORS
MUST BE LICENSED ATTORNEYS
IN BOWATER, INC. V.ZAGER ................ Michelle C. Purchner
FIGHTING OVER THE CARCASS OF A
FEE: THE OHIO SUPREME COURT
HOLDS THAT ATTORNEYS MUST
SETTLE FEE DISPUTES THROUGH
MEDIATION AND ARBITRATION IN
SHIMKO V. LOBE................................. Allison Ward
IN A CLASS BY THEMSELVES: AN
ILLINOIS APPELLATE COURT
FINDS THAT ARBITRATORS MUST
DECIDE THE ISSUE OF CLASS ACTION
ARBITRATION IN BESS V. DIRECTV,
INC. ................................................... Ryan Kabacinski