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Professional Commentary
2 Jun 2015
by Ibrahim Fares of

JURIST Guest Columnist Ibrahim Fares discusses the challenges surrounding the adoption of the Secured Transaction Draft Law in Palestine...Recently the International Finance Corporation (IFC), a part of World Bank Group, finished the final draft of the Secured Transaction Draft Law (STL) in cooperation with the Palestinian Ministry of National Economy … [read more]


Legal News
8 Dec 2014
by Jaclyn Belczyk

The US Supreme Court [official website] heard oral arguments [day call, PDF] in two cases Monday. In Direct Marketing Association v. Brohl [transcript, PDF; JURIST report] the court is considering whether the Tax Injunction Act (TIA) [28 USC § 1341] bars federal court jurisdiction over a suit brought by non-taxpayers … [read more]


Professional Commentary
2 Jul 2014
by Akshat Tewary of Law Offices of Kamlesh Tewary

JURIST Guest Columnist Akshat Tewary of the Law Offices of Kamlesh Tewary discusses Judicial Independence and Agency Accountability in reference to SEC v. Citigroup... The US Court of Appeals for the Second Circuit recently issued a ruling that could debilitate the ability of the judiciary to serve as an independent … [read more]


Legal News
23 Jun 2014
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in three cases for next term. In Department of Transportation v. Association of American Railroads [docket; cert. petition, PDF] the court will determine whether §207 of the Passenger Rail Investment and Improvement Act (PRIIA) [text] "effects … [read more]


Legal News
16 May 2014
by Max Slater

[JURIST] An appeals court in Argentina ruled Thursday that a controversial agreement between Argentina and Iran to investigate the 1994 bombing of a Buenos Aires Jewish community center was unconstitutional. The two nations signed the agreement [JURIST report] in January 2013, which permitted Argentinian authorities to question the Iranian suspects … [read more]


Legal News
5 Mar 2014
by Daniel Mullen

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 7-2 Wednesday in BG Group v. Republic of Argentina [SCOTUSblog backgrounder], an international arbitration case that raises the question of whether, in disputes involving a multi-staged dispute resolution process, a court or the arbitrator determines whether a precondition to arbitration … [read more]


Legal News
4 Dec 2013
by Sung Un Kim

[JURIST] The US Court of Appeals for the Fifth Circuit [official website] on Wednesday ruled [opinion, PDF] that employers can require their employees to sign an arbitration agreement prohibiting them to pursue claims in courts or in a class action. The ruling overturned a prior decision by the National Labor … [read more]


Legal News
2 Dec 2013
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Monday in two cases. In Michigan v. Bay Mills Indian Community [transcript, PDF; JURIST report] the court was asked to consider whether tribal sovereign immunity bars a state from suing in federal court to enjoin a tribe … [read more]


Legal News
10 Jun 2013
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] unanimously Monday in Oxford Health Plans LLC v. Sutter [SCOTUSblog backgrounder] that an arbitrator did not exceed his powers under §10(a)(4) of the Federal Arbitration Act (FAA) [text] when he found that the parties' contract provided for class arbitration. Respondent … [read more]


Legal News
10 Jun 2013
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in BG Group PLC v. Republic of Argentina [docket; cert. petition, PDF] to decide whether a court or the arbitrator determines if a precondition to arbitration has been satisfied in disputes involving a multi-staged dispute resolution … [read more]


Legal News
26 Mar 2013
by Julia Zebley

[JURIST] The US Supreme Court [official website] heard oral arguments Monday in two cases [JURIST report]. In Oxford Health Plans LLC v. Sutter [transcript, PDF] the court is considering whether an arbitrator acts within his powers under the Federal Arbitration Act [text] or exceeds those powers by determining that parties … [read more]


Student Commentary
16 Feb 2013

JURIST Guest Columnist Robert Marcelis, University of California, Davis School of Law Class of 2013, discusses the US Supreme Court's effort to make lower courts enforce arbitration agreements...The Consumer Attorneys of California, a group whose members represent individuals with personal injury claims, call arbitration agreements "viruses" — "hard to spot, … [read more]


Professional Commentary
31 Dec 2012

JURIST Guest Columnist Rochelle Bobroff, Director of the Access to Courts Program for the Constitutional Accountability Center, argues that the American people need to be aware of their constitutional rights regarding the meaning of the Federal Arbitration Act as defined by Supreme Courts past and present...In a unanimous per curiam … [read more]


Legal News
28 Nov 2012
by Sung Un Kim

[JURIST] Nokia announced Wednesday that it filed litigation against Research In Motion (RIM) [corporate websites], the Canadian parent company of BlackBerry, in courts in the US, UK and Canada to block sales of BlackBerry smartphones. The move came after a Swedish arbitrator's decision that ruled in favor of the Finnish … [read more]


Legal News
27 Nov 2012
by Julia Zebley

[JURIST] The US Supreme Court [official website] on Monday remanded [order list, PDF] Liberty University v. Geithner [docket; JURIST report] to the US Court of Appeals for the Fourth Circuit [official website]. The court ordered the lower court to re-consider the case in light of National Federation of Independent Business … [read more]


Professional Commentary
13 Nov 2012

JURIST Guest Columnist Samar Warsi, a Senior Volunteer Attorney for the Muslim Civil Liberties Union, argues that drone attacks are counterproductive and hurt American attempts at foreign policy improvement...Just hours after the re-election of US President Barack Obama, a US drone strike was launched just outside of Yemen's capital. Evidence … [read more]


Student Commentary
8 Oct 2012

JURIST Guest Columnist Rebecca Bielski, St. John's University School of Law Class of 2013, is the author of the sixth article in a 15-part series from the staffers of the Journal of Civil Rights and Economic Development. She offers insight on the legal ramifications of employees signing pre-dispute mandatory arbitration … [read more]


Legal News
31 Aug 2012
by Dan Taglioli

[JURIST] A judge for the US District Court for the District of Delaware on Thursday struck down the Delaware Chancery Court [official websites] procedure allowing for closed-door arbitrations for large business disputes. In a 26-page decision [memorandum, PDF] Judge Mary McLaughlin held that the Chancery Court's rule allowing parties to … [read more]


Student Commentary
16 May 2012

JURIST Guest Columnist Dora Rotar, an LL.M. Candidate at the University of Pittsburgh School of Law, is the author of the seventh entry in a 14-part series from the LL.M. students of the University of Pittsburgh School of Law. Rotar examines the political and legal challenges Croatia will face as … [read more]


Student Commentary
10 Mar 2012

JURIST Guest Columnist Robert Marcelis, University of California, Davis School of Law Class of 2013, is a staff member of the Business Law Journal. He explains the holding AT&T v. Concepcion, discusses its implications on future cases and reviews Congress' response to the case... Pre-dispute arbitration agreements are commonplace for … [read more]

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