• Publications
  • Influence
Judicial Incentives and the Appeals Process
All, or virtually all, court systems have some sort of appeals process whereby litigants that are dissatisfied with an initial decision can challenge that decision “on appeal.” The widespreadExpand
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Why Do Businesses Use (or Not Use) Arbitration Clauses?
Some recent scholarship contends that arbitration is failing in its attempts to compete with litigation. When arbitration does succeed in attracting customers, such as businesses includingExpand
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Private Ordering and International Commercial Arbitration
With its focus on private legal systems, the private ordering literature sets up a seeming dichotomy between public court adjudication of disputes, applying publicly created laws, and privateExpand
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'Unfair' Arbitration Clauses
The article reexamines the most common academic criticisms of "mandatory" arbitration of consumer disputes. First, it presents the results of an empirical study of "unfair" arbitration clauses, basedExpand
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Busting Arbitration Myths
This paper presents an arbitration version of the MythBusters television show. It employs a MythBusters-type approach - subjecting commonly held views to empirical testing - to examine severalExpand
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Consumer Arbitration in the European Union and the United States
This article examines the differing legal treatment of pre-dispute consumer arbitration agreements in the European Union and the United States. Under the E.U. Directive on Unfair Terms in ConsumerExpand
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The impact of free agency on the distribution of playing talent in major league baseball
Abstract People in professional baseball predicted that replacing the reserve system with reentry free agency would destroy the competitive balance of the major leagues. Economist, however, haveExpand
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Contracting Around RUAA: Default Rules, Mandatory Rules, and Judicial Review of Arbitral Awards
By specifying that its provisions generally are default rules and listing particular exceptions, the Revised Uniform Arbitration Act (“RUAA”) provides much needed certainty and avoids unnecessaryExpand
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Disclosure of Franchise Disputes
The Amended FTC Franchise Rule requires franchisors to disclose material litigation and arbitration actions in Item 3 of their Franchise Disclosure Documents. The Amended Rule expanded the scope ofExpand
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Arbitration Costs and Forum Accessibility: Empirical Evidence
Is arbitration cheaper than litigation, or more expensive? Does arbitration enhance access to justice for consumers and employees, or does it prevent them from vindicating their legal rights? SubjectExpand
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