Journal of American Arbitration (JAA) - Vol. 4, 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 Editors
WM. BARTLETT GABLER
ALISSA L. KLEIN

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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 4 2005 NUMBER 1

CONTENTS

Articles

AN ESSAY CHALLENGING THE RACIALLY BIASED SELECTION OF ARBITRATORS FOR EMPLOYMENT DISCRIMINATION SUITS................................................. Michael Z. Green

PERCEPTIONS, CATEGORIZATIONS, AND IMPARTIALITY: ARBITRATORS AND RACIAL EQUALITY IN ARBITRATION.................................... Isabelle R. Gunning

INTERNATIONAL COMMERCIAL ONLINE AND OFFLINE DISPUTE RESOLUTION: ADDRESSING PRIMACISM AND UNIVERSALISM ....... Benjamin G. Davis

Comments

MEDICAL MALPRACTICE ARBITRATION: THE CURE FOR WHAT AILS THE PENNSYLVANIA HEALTHCARE SYSTEM?..................... David A. Ruben

PAPARAZZI OF THE INTERNET: CYBERSQUATTERS IN THE ENTERTAINMENT INDUSTRY AND THE TRENDS OF THE WORLD INTELLECTUAL PROPERTY ORGANIZATION PANEL DECISIONS.... Partap Singh Verma

SYNDI-COURT JUSTICE: JUDGE JUDY AND EXPLOITATION OF ARBITRATION.................................... Philip Z. Kimball

Recent Developments

THE SIXTH CIRCUIT RULES ON THE SEVERABILITY OF ARBITRATION PROVISIONS UNDER PRIMA PAINT AND THE APPLICATION OF THE PAROL EVIDENCE RULE UNDER OHIO LAW IN GLAZER V. LEHMAN BROTHERS, INC. ................................. Alfred Croce

THE NINTH CIRCUIT COURT OF APPEALS FINDS MODIFICATIONS TO EMPLOYMENT ARBITRATION AGREEMENTS UNCONSCIONABLE IF REASONABLE NOTICE IS NOT GIVEN AND NOT SEVERABLE IF UNCONSCIONABLE PROVISIONS PERMEATE THE CONTRACT ............... Tyler Henderson

THE FIFTH CIRCUIT HOLDS THAT AN ARBITRATION CLAUSE IS PROCEDURALLY UNCONSCIONABLE IN BANC ONE ACCEPTANCE CORP. V. HILL PURSUANT TO PREVIOUS MISSISSIPPI SUPREME COURT HOLDING........................................... Ryan Boland

THE FOURTH CIRCUIT ADOPTS BROAD INTERPRETATION OF SUBJECT MATTER JURISDICTION IN CASES IN WHICH A CONTROVERSY UNDERLYING AN ARBITRATION AGREEMENT PRESENTS A BROAD FEDERAL QUESTION IN DISCOVER V. VADEN........................... Abigail Whiffen

THE FLORIDA SUPREME COURT HOLDS THAT STATE LAW APPLIES IN A FRAUD IN THE INDUCEMENT CLAIM IN CARDEGNA V. BUCKEYE CHECK CASHING, INC......................... Jerri L. Fuller

A COLORADO COURT OF APPEALS DECLINES TO ADOPT THE COMMON LAW STANDARD OF MANIFEST DISREGARD OF THE LAW FOR VACATING ARBITRAL AWARDS IN COORS BREWING CO. V. FEDERICO CABO AND CORPORACIÓN CALFIK, S.A. DE C.V. ...................................... Justin Edwab

THE WYOMING SUPREME COURT HOLDS THAT THE COURT, RATHER THAN THE ARBITRATOR, SHOULD DECIDE WHETHER THERE HAS BEEN FRAUD IN THE INDUCEMENT OF A CONTRACT IN FOX V. TANNER............ Gregory M. Alvarez

Book Review

LAW AND CONTEMPORARY PROBLEMS: MANDATORY ARBITRATION.................................... Robert A. Sewell