Arbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book argues that the Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and a detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical - to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors.
Rezensionen / Stimmen
"This book does not function as a handbook or guide to the current state of the doctrine.....However, for those in the field who are thinking critically about the current structure of U.S. arbitration law, the authors have done a fine job of assessing areas that require further study and presenting policy based normative propositions that can and should spark critical debate." - JILP
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 235 mm
Breite: 157 mm
Dicke: 29 mm
Gewicht
ISBN-13
978-0-521-83982-2 (9780521839822)
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Schweitzer Klassifikation
Edward Brunet is the Henry J. Casey Professsor of Law at Lewis and Clark Law School. He specialized in business litigation in private practice in Chicago. His major academic interest is relating principles of economics to the content and practice of law. Brunet has published in leading law journals, including the Virginia, Michigan, Cornell, Duke, and Tulane Law Reviews. He is coauthor of a book on summary judgment with Professor Martin Redish of Northwestern University School of Law and co-author of a book on alternatives to trial with Professor Charles Craver of George Washington School of Law. Richard E. Speidel is the Beatrice Kuhn Professor of Law Emeritus at Northwestern University School of Law and is also a visiting Professor at the University of San Diego School of Law. Professor Speidel's specialties include public contract law, contracts, commercial transactions, and arbitration. He has published extensively in each of these areas. He has co-authored two leading casebooks Commercial Transactions: Sales and Leases of Goods with Linda Rusch, and Studies in Contract Law with Ian Ayres and a critically acclaimed treatise on Federal Arbitration Law. Jean R. Sternlight is the Saltman Professor and Director of the Saltman Center for Conflict Resolution at the University of Nevada Las Vegas. She is co-author of two other books: Dispute Resolution: Beyond the Adversarial Model (Aspen 2004) and Materials on Mediation Theory and Practice (Lexis 2001). She has written numerous articles on arbitration which have appeared in numerous prestigious journals including the Stanford Law Review, the University of Pennsylvania Law Review, Law and Contemporary Problems, and the William and Mary Law Review. Stephen J. Ware is Professor of Law at the University of Kansas. He received his B.A. from University of Pennsylvania and his J.D. from the University of Chicago Law School. Following a clerkship with the United States Court of Appeals for the Second Circuit (Judge J. Daniel Mahoney), he joined the New York law firm of Davis Polk & Wardwell where his practice consisted of commercial and financial litigation. He is the author of the Hornbook on Alternative Dispute Resolution (West 2001) and more than a dozen articles on arbitration in both scholarly and popular journals.
Autor*in
Lewis and Clark College, Portland
Northwestern University, Illinois
University of Nevada, Las Vegas
University of Kansas
1. The core values of arbitration; 2. Common legal issues in American arbitration law; 3. The appropriate role of state arbitration law in a federal system: choice and preemption; 4. Interstate arbitration: chapter 1 of the federal arbitration act; 5. Consumer arbitration; 6. International arbitration: implementing the New York convention; 7. Tension points: where the co-authors disagree; Appendices.
