Journal of American Arbitration (JAA) - Vol. 5, 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
Assistant Editor
SCOTT B. CZERWONKA
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 5 2006 NUMBER 1
CONTENTS
Article
ARBITRATION: THE BASICS .............. Joseph L. Daly
James B. Boskey
ADR Essay Competition Winners
NEGOTIATED RULEMAKING AND THE PUBLIC INTEREST ....................... Jeff Goldfien
IS THE CLASS ACTION FAIRNESS ACT OF 2005 A MISNOMER? THE IMPACT ON CLASS ACTION WAIVERS IN CONSUMER ADR CLAUSES. .......................................... Nivine K. Zakhari
PERMISSION PLUS: REACHING THE PARETO OPTIMAL GUIDELINE FOR CONTINGENCY FEES IN MEDIATION .......................... Tracey B. Pastan
Case Notes
MCCAULEY V. HALLIBURTON ENERGY SERVICES, INC.: THE TENTH CIRCUIT JOINS THE ELEVENTH AND SEVENTH CIRCUITS IN HOLDING THAT FILING A § 16(A) APPEAL UNDER THE FAA DIVESTS DISTRICT COURTS OF JURISDICTION WHILE THE APPEAL IS PENDING........................................ Nicole J. Jones
ENCOURAGING THE USE OF ARBITRATION IN RESOLVING DISPUTES ARISING UNDER THE CARMACK AMENDMENT: THE NINTH CIRCUIT LIMITS THE APPLICABILITY OF CARMACK'S ARBITRATION PROVISION.................. Leonard M. McCall
ANSARI V. QWEST COMMUNICATIONS: THE TENTH CIRCUIT RULES THAT FORUM SELECTION IN AN ARBITRATION CLAUSE MAY ONLY BE ENFORCED BY THE DISTRICT COURT WITH AUTHORITY OVER THE SPECIFIED FORUM ............ Michael T. Lynch
CHOICE OF GOVERNING RULES OF ARBITRATION UNDER THE DOCTRINE OF ARBITRAL IMMUNITY IN STRATEGIC RESOURCES, INC. V. BCS LIFE INSURANCE, INC.............. W. Christian Moffitt
NO HEARING EQUALS REVERSIBLE ERROR: THE VIRGINIA SUPREME COURT'S APPLICATION OF THE VIRGINIA UNIFORM ARBITRATION ACT TO AN ARBITRATION PROCESS CONDUCTED WITHOUT A HEARING IN BATES V. MCQUEEN....................... Kenneth J. McDermott II
DON'T LEGISLATE FROM THE BENCH: THE SUPREME COURT OF CALIFORNIA HOLDS PREDISPUTE JURY TRIAL WAIVERS UNENFORCEABLE UNTIL THE CALIFORNIA LEGISLATURE AUTHORIZES OTHERWISE.................. Keitha Carter-Webb
AN ARBITRATOR'S CYCLICAL ENFORCEMENT OF STATE LAWS DESPITE FAA PREEMPTION AND THE ABILITY TO DECIDE CONTRACTUAL ILLEGALITY: THE APPLICATION OF THE FAA IN HOTELS NEVADA, L.L.C. V. BRIDGE BANC, L.L.C. ..................... Barzilai Axelrod
CLASS ARBITRATION: THE ILLINOIS APPELLATE COURT'S FINDING THAT A PROHIBITION ON CLASS ARBITRATION WAS UNCONSCIONABLE IN KINKEL V. CINGULAR WIRELESS, L.L.C. .............. Lauren McHale
A QUESTION FOR THE ARBITRATOR: THE TEXAS COURT OF APPEALS COMPELS ARBITRATION OF DURESS CLAIM IN SERVICE CORP. INTERNATIONAL V. LOPEZ ............................................ Seth Zimmerman