Download or read book United States of America V Concepcion written by and published by . This book was released on 1991 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States of America V Jerez written by and published by . This book was released on 1995 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States of America V Pandiello written by and published by . This book was released on 1998 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Outsourcing Justice written by Imre Szalai and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is a method of dispute resolution in which parties agree to submit their dispute to a private, neutral third person, instead of a traditional court with a judge and jury. This private system of arbitration, which is often confidential and secretive, can be a polar opposite, in almost every way, to the public court system. Over the past few decades, arbitration agreements have proliferated throughout American society. Such agreements appear in virtually all types of consumer transactions, and millions of American workers are bound by arbitration agreements in their employment relationships. America has become an "arbitration nation," with an increasing number of disputes taken away from the traditional, open court system and relegated to a private, secretive system of justice. How did arbitration agreements become so widespread, and enforceable, in American society? Prior to the 1920s, courts generally refused to enforce such agreements, and parties had the right to bring their disputes to court. However, during the 1920s, Congress and state legislatures suddenly enacted ground-breaking laws declaring that arbitration agreements are "valid, irrevocable, and enforceable." Drawing on previously untapped archival sources, this book explores the many different people, institutions, forces, beliefs, and events that led to the enactment of modern arbitration laws during the 1920s, and this book examines why America's arbitration laws radically changed during this period. By examining this history, this book demonstrates how the U.S. Supreme Court has grossly misconstrued these laws and unjustifiably created an expansive, informal, private system of justice touching almost every aspect of American society and impacting the lives of millions. Professor Szalai maintains a blog on arbitration at outsourcingjustice.com. "Recommended. General readers, upper-division undergraduate students, and above." -- CHOICE Magazine
Download or read book United States of America V Acevedo written by and published by . This book was released on 1994 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States of America V Craig written by and published by . This book was released on 1993 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Closing the Courthouse Door written by Erwin Chemerinsky and published by Yale University Press. This book was released on 2017-01-10 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court The Supreme Court s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts primary purpose, and they should not be barred from considering any constitutional question.
Download or read book United States of America V Pulido written by and published by . This book was released on 1995 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2019-11-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Download or read book Diffusion of Deregulatory Policies Through Litigation written by Barbara A. Cherry and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. deregulatory policies have been eroding consumer protection remedies for telecommunications and broadband access services. However, most policymakers and telecommunications policy researchers are familiar with the erosion that has resulted from industry-specific actions by federal or state legislatures or regulatory agencies. This paper describes further erosion resulting from telecommunications' carriers' pursuit of deregulatory strategies through judicial litigation of cases involving bodies of law applicable to businesses generally. A prominent example of such strategic use of judicial litigation is the U.S. Supreme Court decision (5-4 vote) in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011), which eliminated customers' judicial remedies with respect to standardized contracts, known as contracts of adhesion, for the provision of mobile services. In this case, the U.S. Supreme Court expansively interpreted the Federal Arbitration Act of 1925 (FAA) to preempt state law remedies related to consumer contracts. The Court's decision enforced AT&T Mobility's mandatory arbitration clause and class action waiver in its consumer contracts, thereby barring consumers' access to judicial remedies. Moreover, the Court's interpretation is not confined to contracts for mobile telecommunications services, but is generally applicable to consumer contracts in other industries. Since AT&T Mobility v. Concepcion, the U.S. Supreme Court has declined to retrench from its radical interpretation of the FAA, notwithstanding assertions of policymakers and scholars that such interpretation is inconsistent with Congress' legislative intent. Instead, the Court has reaffirmed its interpretation of the FAA in subsequent decisions, most recently in DirectTV, Inc. v. Imburgia (2015), 577 U.S. ___. This paper explains why the FCC's Open Internet Order (2015), known as the network neutrality order, is insufficient to fully compensate for the loss of judicial remedies for consumers of telecommunications and broadband services resulting from AT&T Mobility v. Concepcion. In this regard, the U.S. Supreme Court's interpretation of the FAA did not acknowledge the coexistence of industry-specific regulation under the Communications Act of 1934 - a critical oversight that needs to be corrected through legislation or potentially further judicial litigation. This paper also explains that, beyond its inconsistency with Congressional legislative intent, the Court's interpretation of the FAA in AT&T Mobility v. Concepcion has created adverse systemic effects for political and economic governance by undermining the role of private enforcement mechanisms both generally under the American legal regime and specifically within the telecommunications sector. Illustratively, Margaret Radin (2013), a legal expert in U.S. contract law, asserts in Boilerplate: The Fine Print, Vanishing Rights, and The Rule of Law (Princeton University Press) that the resultant loss of consumer remedies related to contracts of adhesion constitutes normative degradation of the legal system and undermines the rule of law. It also deprives individuals of access to the constitutional right of jury trials. This paper concludes, stressing how this policy trajectory in the U.S. contrasts greatly with those in Canada and the European Union, which have significantly increased consumer rights, both generally and in the telecommunications sector. [This abstract is not being submitted for presentation in the poster session.].
Download or read book Official Reports of the Supreme Court written by United States. Supreme Court and published by . This book was released on with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Reports written by United States. Supreme Court and published by . This book was released on 2012 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Arbitration Law written by Ian R. Macneil and published by Oxford University Press. This book was released on 1992-09-24 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an overburdened and cumbersome system of court litigation, arbitration is becoming an increasingly attractive means of settling disputes. Government enforcement of arbitration agreements and awards is, however, rife with tensions. Among them are tensions between freedom of contract and the need to protect the weak or ill-informed, between the protections of judicial process and the efficiency and responsiveness of more informal justice, between the federal government and the states. Macneil examines the history of the American arbitration law that deals with these and other tensions. He analyzes the personalities and forces that animated the passing of the United States Arbitration Act of 1925, and its later revolutionizing by the Supreme Court. Macneil also discusses how distorted perceptions of arbitration history in turn distort current law.
Download or read book United States Reports Volume 541 Cases Adjudged in the Supreme Court at the October Term 2003 March 2 Through June 8 2004 written by Frank D. Wagner and published by Government Printing Office. This book was released on 2006-09-13 with total page 1150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frank D. Wagner, Reporter of Decisions. Item 0741. Volume of the United States Reports containing the final decisions and opinions of the Supreme Court justices regarding cases between March 2, 2004 and June 8, 2004. Also includes notes regarding the members of the Supreme Court, orders, and other relevant materials.
Download or read book Arbitration and the Constitution written by Peter B. Rutledge and published by Cambridge University Press. This book was released on 2013 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.
Download or read book Federalism Preemption and the Nationalization of American Wildlife Management written by Lowell E. Baier and published by Rowman & Littlefield. This book was released on 2022-03-30 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental law expert Lowell E. Baier reveals how over centuries the federal government slowly preempted the states’ authority over managing their resident wildlife. In doing so, he educates elected officials, wildlife students, and environmentalists in the precedents that led to the current state of wildlife management, and how a constructive environment can be fostered at all levels of government to improve our nation’s wildlife and biodiversity.
Download or read book Concepcion written by Albert Samaha and published by Penguin. This book was released on 2022-10-11 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Absolutely extraordinary...A landmark in the contemporary literature of the diaspora.” —Jia Tolentino, author of Trick Mirror “If Concepcion were only about Samaha’s mother, it would already be wholly worthwhile. But she was one of eight children in the Concepcion family, whose ancestry Samaha traces in this. . . powerful book.” –The New York Times A journalist's powerful and incisive account reframes how we comprehend the immigrant experience Nearing the age at which his mother had migrated to the US, part of the wave of non-Europeans who arrived after immigration quotas were relaxed in 1965, Albert Samaha began to question the ironclad belief in a better future that had inspired her family to uproot themselves from their birthplace. As she, her brother Spanky—a rising pop star back in Manila, now working as a luggage handler at San Francisco airport—and others of their generation struggled with setbacks amid mounting instability that seemed to keep prosperity ever out of reach, he wondered whether their decision to abandon a middle-class existence in the Philippines had been worth the cost. Tracing his family’s history through the region’s unique geopolitical roots in Spanish colonialism, American intervention, and Japanese occupation, Samaha fits their arc into the wider story of global migration as determined by chess moves among superpowers. Ambitious, intimate, and incisive, Concepcion explores what it might mean to reckon with the unjust legacy of imperialism, to live with contradiction and hope, to fight for the unrealized ideals of an inherited homeland.
