The exercise of contract freedom in the making of arbitration agreements.
TABLE OF CONTENTS I. INTRODUCTION: CONTRACT'S EMPIRE IN ARBITRATION II. THE EFFECT AND DEVELOPMENT OF ARBITRATION AGREEMENTS III. THE QUESTIONS PRESENTED IV. THE CONTENT OF "MODERN" ARBITRATION AGREEMENTS. A. The Recourse to Arbitration: Voluntary, Necessary, or Coerced? B. Institutional Arbitration C. Selecting Arbitrators and the Question of Impartiality D....

Irrigation district loses lawsuit over dry-year CVP allocations.
In a victory for the owners of senior water rights, the Ninth U.S. Circuit Court of Appeals has ruled that the operators of the Central Valley Project (CVP), in times of water shortage, could reduce a larger proportion of water from the two districts than from other entities with...

Waiver of the plea-statement rules.
I. INTRODUCTION In United States v. Mezzanatto,(1)the United States Supreme Court held that a criminal defendant could waive his right to the plea-statement exclusionary provisions embodied in Federal Rule of Evidence 410(2) and Federal Rule of Criminal Procedure 11(e)(6)(3) ("Rules" or "plea-statement Rules").(4) The Rules currently provide...

Shrink wrap and click wrap licences.
With the introduction of personal computers, software manufacturers began mass marketing computer programs to consumers. The variety and number of software programs available in stores is nothing short of amazing. Today, purchases of computer programs are a common occurrence, one that is repeated countless times, day in and day...

Muddy property: generating and protecting information privacy norms in bankruptcy.
ABSTRACT Bankruptcy law does not deal well with website promises to protect personal information. The legal treatment of privacy policies in bankruptcy currently turns on whether such policies are viewed as creating contract rights or property rights. Neither characterization fits well and any attempt to shoehorn information...

Detariffing and the death of the filed tariff doctrine: deregulating in the "self" interest.
I. INTRODUCTION After nearly two decades (1) and several trips to the U.S. Court of Appeals for the District of Columbia Circuit ("D.C. Circuit Court"), (2) the Federal Communications Commission's wish to rid itself of the burden of processing and warehousing reams of long-distance domestic tariffs (3)...

People aspects of entrepreneurs: personal service contacts with key personnel including non-compete clauses, methods of reimbursement for company success, incentives (profit-sharing or other), and effect of immigration restrictions on entrance of possible entrepreneurs into Canada and the U.S.
INTRODUCTION Gerald "Jerry" Torma MR. TORMA: Good morning. Can everyone hear me all fight? Can everyone hear me okay? Good morning to everyone. My name is Jerry Torma from the Nordson Corporation, and I am very pleased to be here today. I would...

The Only Fair Way: What the rule of law should look like.
As the torrid electoral dispute between Bush and Gore works its way to its conclusion, anxious citizens have been forced to reflect on the proper balance between a just substantive law and the workable procedures needed to implement it. The refrain of the Gore forces employs the rhetoric of...

The problem with arbitration agreements.
Arbitration procedures today have become highly standardized. Institutions such as the International Chamber of Commerce (ICC), (1) the London Court of International Arbitration (LCIA), (2) and the American Arbitration Association Center for International Dispute Resolution (AAA) (3) each have detailed provisions for administering arbitration proceedings (often involving parties of...

Promises and paternalism.
Consider the case of Jack Tallas, an immigrant from Greece who had achieved considerable success as an insurance agent and landlord during the nearly seventy years he spent working in Salt Lake City.(1) Jack, who lived in a hotel during the last years of his life, wanted to give...