Journal of American Arbitration (JAA) - Vol. 2, No. 2

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

Assistant Editor
MARLA OWCZAREK

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Originally from Journal of American Arbitration (JAA)

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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.

Table of Contents:

THE JOURNAL OF AMERICAN ARBITRATION

VOLUME 2 2003 NUMBER 2

CONTENTS

Articles

ARBITRATION AND CONTRACTS: WHAT ARE THE LAW SCHOOLS TEACHING? ....................................... Stephen K. Huber

THE STORY OF ARBITRATION LAW .................................................. Thomas E. Carbonneau

Case Notes

PACIFICARE HEALTH SYSTEMS, INC. V. BOOK: U.S. SUPREME COURT COMPELS ARBITRATION OF RICO CLAIMS, ALTHOUGH ARBITRATOR AUTHORITY MAY BE LIMITED .......... S. Stephen Yau

THE UNITED STATES SUPREME COURT ENFORCES ARBITRATION CLAUSE IN DEBT-RESTRUCTURING AGREEMENT BECAUSE IT "INVOLVED COMMERCE" IN CITIZENS BANK V. ALAFABCO, INC. ................................. Wm. Bartlett Gabler

THE BATTLE OVER THE GATEWAY: THE UNITED STATES SUPREME COURT HOLDS THAT AN ARBITRATOR IS TO DECIDE CLASS ACTION ISSUE IN GREEN TREE FINANCIAL CORP. V. BAZZLE .............................................. Alissa L. Klein

"FRAUD IN THE INDUCEMENT" OR A "MEETING OF THE MINDS?": THE FIFTH CIRCUIT'S APPLICATION OF CONTRACT FORMATION PRINCIPLES TO THE MAKING OF AN ARBITRATION AGREEMENT IN AMERICAN HERITAGE LIFE INSURANCE CO. V. LANG............. Patricia A. Krogman

REMEMBER ME?: CIRCUIT CITY RETURNS TO THE NINTH CIRCUIT TO LITIGATE THE ENFORCEMENT OF ITS ARBITRATION AGREEMENT IN CIRCUIT CITY STORES, INC. V. MANTOR............................................. Andra I. Maniu

THE FIFTH CIRCUIT FOLLOWS THE UNITED STATES SUPREME COURT DECISION IN BAZZLE AND HOLDS THAT ARBITRATORS DECIDE CLASS ACTION ISSUE IN PEDCOR MANAGEMENT CO. WELFARE BENEFIT PLAN V. NATIONS PERSONNEL OF TEXAS, INC. ................ Matthew Speicher

SCHOCH V. INFO USA, INC.: THE EIGHTH CIRCUIT RECOGNIZES CONTRACTUAL EXPANSION OF JUDICIAL REVIEW IN ARBITRATION AGREEMENTS.................................... David A. Ruben

SPHERE DRAKE INSURANCE LTD. V. ALL AMERICAN LIFE INSURANCE CO.: THE SEVENTH CIRCUIT CONTINUES THE EVISCERATION OF DICTUM IN COMMONWEALTH COATINGS .............. Alexander Panio

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO DENIES ABROGATION OF SHANKLE IN PÉREZ V. HOSPITALITY VENTURES-DENVER, L.L.C. ................ D. Caroline Hardy

UNITED STATES DISTRICT COURT OF NEVADA COMPELS ARBITRATION IN GERMAINE MUSIC V. UNIVERSAL SONGS OF POLYGRAM......................... Stacey Brewer

MARYLAND'S HIGHEST COURT HOLDS ACCEPTANCE OF ARBITRATION AGREEMENT REQUIRES NOTICE IN DIRECTV, INC. V. MATTINGLY .................................... Angela D. Hall

Book Review

ONLINE DISPUTE RESOLUTION FOR BUSINESS BY COLIN RULE................................. Julie H. Jackson