Journal of American Arbitration (JAA) - Vol. 3, 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
MARLA OWCZAREK

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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 3 2004 NUMBER 1

CONTENTS

Articles

OVER-PREEMPTION OF STATE VACATUR LAW: STATE COURTS AND THE FAA ................................... Jill I. Gross

FRAUD IN THE EXECUTION OF A CONTRACT AS A BASIS FOR LITIGATING RATHER THAN ARBITRATING DISPUTES.................... Charles J. Schoenwetter

Comments

ABOVE THE LAW: PRACTICAL AND PHILOSOPHICAL IMPLICATIONS OF CONTRACTING FOR EXPANDED JUDICIAL REVIEW.............................. Ilya Enkishev

AN ALTERNATIVE DISPUTE RESOLUTION SYSTEMS DESIGN FOR THE UNITED STATES COAST GUARD .............................................. Ronald J. Bald & Evette E. Ungar

Recent Developments

THE NINTH CIRCUIT COURT OF APPEALS OVERRULES ITS DECISION IN DUFFIELD AND STRENGTHENS AN EMPLOYER'S USE OF COMPULSORY ARBITRATION IN EEOC V. LUCE, FORWARD, HAMILTON&SCRIPPS ....... Robert Sewell

THE SIXTH CIRCUIT FINDS AN EMPLOYMENT ARBITRATION AGREEMENT INSUFFICIENT TO EFFECTIVELY VINDICATE AN EMPLOYEE'S TITLE VII CLAIMS BECAUSE OF THE EMPLOYER'S EXCLUSIVE CONTROL OVER SELECTION OF POTENTIAL ARBITRATORS ................................... Justine Avtjoglou