Journal of American Arbitration (JAA) - Vol. 2, No. 1
About the Executive Editor:
Thomas Carbonneau is the Samuel P. Orlando Distinguished Professor of Law at Penn State's Dickinson School of Law. Professor Carbonneau is commonly regarded as one of the world's leading experts on domestic and international arbitration. He is the editor-in-chief of two widely read and well-regarded professional publications, the World Arbitration And Mediation Review (US) and the Journal of American Arbititration , and serves on the editorial board of La Revue de L'Arbitrage. In addition, he is the author of fifteen highly acclaimed books and 80 scholarly and professional articles on arbitration. Professor Carbonneau is formerly the Moise S. Steeg Jr. Professor of International Law at Tulane University School of Law.
Editor in Chief
JEANETTE A. JAEGGI
Originally from Journal of American Arbitration (JAA)
Preview Page
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 2 2003 NUMBER 1
CONTENTS
ARTICLES
CONSUMER ARBITRATION: THE DESTRUCTION OF THE COMMON LAW.................................. Richard M. Alderman
THE CLASS ACTION ARBITRATION DILEMMA--BAZZLE V. GREEN TREE FINANCIAL CORP.: DOES THE FAA PRECLUDE CLASS ACTION ARBITRATION WHEN THE AGREEMENT IS SILENT? ................... Dana T. Blackmore
THE ENFORCEABILITY OF ARBITRATION AGREEMENTS BY AND AGAINST NONSIGNATORIES Anthony M. DiLeo
COMMENTS
PARTY AUTONOMY AND FREEDOM OF CONTRACT IN SECURITIES ARBITRATION: THE DANGERS OF EXPANDING JUDICIAL REVIEW OF ARBITRAL AWARDS..................... Melissa Brockett
A PROPOSAL TO RETURN CUSTODY DECISIONS TO WHERE THEY BELONG ..................... Sophie K. Kennedy
ARBITRATION IN THE REALM OF THE INTERNET: A LOOK AT THE UDRP AND ITS EFFICIENCY IN RESOLVING DOMAIN NAME DISPUTES ............................... Paula Lopez
THE USE OF MANDATORY ARBITRATION CLAUSES TO PREVENT CLASS ACTIONS: A PROBLEM FOR PLAINTIFFS AND A PROBLEM FOR SOCIETY.......... Stephanie Smith
NOTES
IN RE HUMANA INC. MANAGED CARE LITIGATION: THE ELEVENTH CIRCUIT LIMITS THE EXTENT TO WHICH NONSIGNATORIES ARE COMPELLED TO ARBITRATION.......... Matthew Boyer
THE FIFTH CIRCUIT UPHOLDS ARBITRABILITY OF WRITTEN WARRANTIES UNDER THE MAGNUSON-MOSS WARRANTY ACT IN WALTON V. ROSE MOBILE HOMES L.L.C...................... Paula Cino
WELBORN CLINIC V. MEDQUIST, INC.: DOES BROAD INTERPRETATION CALL FOR A BOILERPLATE PROVISION? ............... Mona Gupta
GULF GUARANTY LIFE INSURANCE CO. V. CONNECTICUT GENERAL LIFE INSURANCE CO.: THE FIFTH CIRCUIT STAYS OUT OF THE DETAILS OF ARBITRATION................ Nahom Gebre
MITCHELL V. AMERICAN FAIR CREDIT ASS'N: CONSUMERS MUST HAVE NOTICE OF ARBITRATION PROVISIONS IN A NEW CONTRACT FOR IT TO BE ENFORCEABLE........................ Marla Owczarek
PULTE HOME CORP. V. SMITH: COURTS MUST ANALYZE EACH CLAIM IN A MULTICLAIM PETITION FOR ARBITRABILITY.......... Amanda F. Spain
RECENT DEVELOPMENTS
HOWSAM V. DEAN WITTER REYNOLDS, INC.: THE UNITED STATES SUPREME COURT DECIDES THAT ARBITRATORS, NOT THE COURTS, DETERMINE PROCEDURAL QUESTIONS UNDER THE NASD CODE OF ARBITRATION .............................. William Parker Sanders
THE BLACK SHEEP OF THE FEDERAL CIRCUIT COURTS: THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DECISION IN TING V. AT&T SIGNALS A WIN FOR CONSUMERS..... Jacqueline Angela Simms