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Arbitration and Article III
- Article from:
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Vanderbilt Law Review
- Article date:
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May 1, 2008
- Author:
- Rutledge, Peter B
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Copyright informationCopyright Vanderbilt Law Review May 2008. Provided by ProQuest LLC. (Hide copyright information)
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This Article is part of a broader research agenda that studies the relationship between arbitration and constitutional law. Taking its cue from the recent Canadian Softwood Lumber dispute over the constitutionality of NAFTA's dispute resolution boards, this Article asks a broader question: Why is
arbitration compatible with Article III? Under the traditional account, when parties chose to arbitrate, they waive their right to an Article III forum, thereby eliminating any Article III issue. Accounts grounded in waiver, however, fail to grapple adequately with the significant structural concerns presented by arbitration. This Article defends the need for a more robust theory, one that accounts ...
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Congressional power over federal court jurisdiction: A Defense of the...
Brigham Young University Law Review;
January 1, 1997 ;
Pushaw, Robert J Jr;
787 words
...Robert J. Pushaw, Jr.* Article III of the Constitution1 is so complex...many competing interpretations of Article III best explains its text, structure...by me,3 provides an account of Article III that is more satisfying than John...
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Intervening in the case (or controversy): Article III standing, Rule 24...
Brigham Young University Law Review;
January 1, 2003 ;
Stradling, Tyler R; Byers, Doyl S;
787 words
...I. INTRODUCTION Article III of the United States Constitution...Federal courts ensure compliance with Article III in part by requiring the plaintiff...potential intervenor must also possess Article III standing. Other federal courts of...
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An Article III Bankruptcy Court.
Business Credit;
October 1, 1997 ;
Pearson, John K.;
787 words
...An Article III Bankruptcy Court THE NATIONAL BANKRUPTCY...that the bankruptcy courts be given Article III status. This article will attempt to...in response, the drafters included Article III of the Constitution. Article III provides...
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The origins of article III "arising under" jurisdiction.
Duke Law Journal;
November 1, 2007 ;
Bellia, Anthony J., Jr.;
787 words
...ABSTRACT Article III of the Constitution provides that...the phrase arising under imports in Article III has long confounded courts and scholars...examines the historical origins of Article III arising under jurisdiction. First...
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On dispute resolution
The Journal Record;
November 7, 2002 ;
Patricia Presley;
392 words
......the Legislature in 1983 enacted the Dispute Resolution Act. The purpose of the act was to provide Oklahomans convenient access to dispute resolution processes which are fair, effective...the framers of the act. Alternative dispute resolution also helps alleviate civil case backlogs...
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Dispute resolution and counsel: Changing perceptions, changing...
Dispute Resolution Journal;
May 1, 2000 ;
Greenbaum, Robert S;
787 words
...DISPUTE RESOLUTION AND COUNSEL CHANGING PERCEPTIONS...implementation. The subject of alternative dispute resolution (ADR) has largely been avoided...curriculum, have long considered dispute resolution by means outside of the state...
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IF YOU CAN'T BEAT THEM, JOIN THEM: INCLUSIVE JOINDER AND THE FILTERING OF...
Emory Bankruptcy Developments Journal;
April 1, 2006 ;
D'Angelo, Jennifer M;
787 words
......intervention allows bankruptcy courts to assume Article III status.14 Part I discusses the U.S. Supreme...the second and Third Circuits in avoiding Article III violations. I. THE STRIPPING OF ARTICLE III DETERMINATIONS FROM THE BANKRUPTCY COURT...
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U.K. Employment Dispute Resolution Regulations: Future Is Up for Grabs
Dispute Resolution Journal;
May 1, 2007 ;
Anonymous;
523 words
......government-commissioned review of employment dispute resolution regulations adopted pursuant to the...regulations that would bring about dispute resolution "as early as possible." This would...Michael Gibbons, author of "Better Dispute Resolution: A Review of Employment ...
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Standing First: Addressing the Article III Standing Defects of Rule...
The Review of Litigation;
July 1, 2007 ;
Yildiz, Isil;
787 words
......logically antecedent to the existence of any Article III issues, it is appropriate to reach them...on Rule 23 grounds rather than on the Article III grounds raised by the objectors.2 Lower...logically antecedent" language as precluding Article III standing challenges until after a ...
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Commentary: Court News: OK's alternative dispute resolution programs offer...
THE JOURNAL RECORD;
March 10, 2005 ;
Patricia Presley;
364 words
......the Legislature in 1983 enacted the Dispute Resolution Act. The purpose of the act was to provide Oklahomans convenient access to dispute resolution processes, which are fair, effective...less formal proceedings. Alternative dispute resolution also helps alleviate civil case ...
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What's a constitution among friends? - Unbalancing Article III.
University of Pennsylvania Law Review;
April 1, 1998 ;
Stern, Craig A.;
787 words
......The Constitution of the United States, Article III, Section 1 I. INTRODUCTION Nine out...Pickwickian readings of Section 1 of Article III.(2) This Article suggests that Section 1 of Article III does work, and that Chief Justice Marshall...
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Judges, Court Administrators and Dispute Resolution Experts from 13...
U.S. Newswire;
July 1, 1993 ;
364 words
......courts. Sponsored by the National Institute for Dispute Resolution, 53 judges, court administrators and dispute resolution experts will meet to discuss courts' use of dispute resolution methods such as mediation, arbitration, and summary...
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Article III, Section 2; Uphold America's Judeo-Christian heritage.(OPED)
The Washington Times;
October 7, 2003 ;
732 words
......Pledge of Allegiance Congress should use Article III, Section 2, clause 2 of the U.S. Constitution...from the federal court system under Article III, 2.2. Unfortunately, it was not enacted...2001-2002), Congress used the authority of Article III, Section 2, clause 2 on 12 occasions...
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Balancing the scales: the Ford-Firestone case, the Internet, and the...
Yale Journal of Law & Technology;
January 1, 2003 ;
Rabinovich-Einy, Orna;
787 words
......potential equalizing effect on dispute resolution institutions. The emergence of online dispute resolution (ODR) mechanisms and virtual courts...of the Internet's influence on dispute resolution, but its influence extends beyond...
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