Journal of American Arbitration (JAA) - Vol. 5, 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
SCOTT B. CZERWONKA

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Description:

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 5 2006 NUMBER 2

CONTENTS

Articles

THE CASE FOR ENFORCING ADHESIVE ARBITRATION AGREEMENTS--WITH PARTICULAR CONSIDERATION OF CLASS ACTIONS AND ARBITRATION FEES .... Stephen J. Ware

CALIFORNIA'S NEW ETHICS STANDARDS: A HOT BED OF CONTROVERSY AND CONFLICTING DECISIONS.................. Rebecca Callahan

Comments

ARBITRATION CLAUSES IN THE FACE OF CLASS ACTIONS AND THE CLASS ACTION FAIRNESS ACT: PENNSYLVANIA'S APPROACH TO CLASS ACTION PRECLUSION CLAUSES AND CLASS ACTION ARBITRATIONS IS RIGHT ON TARGET AND HAS LIKELY BEEN LIMITED BY THE CLASS ACTION FAIRNESS ACT................................... Ryan Boland

THE STRUGGLE OF PUNITIVE DAMAGES IN ARBITRATION: HOW TO GET WHAT YOU WANT OUT OF AN ARBITRATION AGREEMENT...................................... Sarah L. Rubright

LGBT PARENTS--WHERE DO THEIR CHILD CUSTODY DISPUTES BELONG?........................................... Burgess C. Bradshaw

Recent Developments

THE UNITED STATES SUPREME COURT REVERSES THE FLORIDA SUPREME COURT IN BUCKEYE CHECK CASHING, INC. V. CARDEGNA, HOLDING THAT AN ARBITRATOR MUST DECIDE CHALLENGES TO THE VALIDITY OF CONTRACTS CONTAINING ARBITRATION PROVISIONS....................................... Nicole J. Jones

MOTION TO COMPEL ARBITRATION LEADS UNITED STATES SUPREME COURT TO DEFINE "LOCATION" IN THE NATIONAL BANK ACT FOR PURPOSES OF FEDERAL DIVERSITY JURISDICTION IN WACHOVIA BANK, NAT. ASSOC. V. SCHMIDT.......... Brian Matt

THIRD CIRCUIT COURT OF APPEALS HOLDS THAT THE BANKRUPTCY COURT LACKED THE DISCRETION TO DENY ENFORCEMENT OF AN ARBITRATION CLAUSE ABSENT A SHOWING OF CONGRESSIONAL INTENT IN IN RE MINTZE V. AMERICAN GENERAL FINANCIAL SERVICES, INC................... Johannah Hartley

THE SECOND CIRCUIT DETERMINES THAT ARBITRATION DOES NOT NECESSARILY JEOPARDIZE OR INHERENTLY CONFLICT WITH THE BANKRUPTCY CODE IN MBNA AM. BANK, N.A. V. HILL.......... Duane Ramseur