Read e-book online Arbitration Law in America: A Critical Assessment PDF

By William Wesley Patton

ISBN-10: 0511226268

ISBN-13: 9780511226267

ISBN-10: 0521853176

ISBN-13: 9780521853170

Arguing that the eighty year-old Federal Arbitration Act badly wishes significant alterations, the authors, who've formerly written significant articles on arbitration legislation and coverage, set out their very own perspectives and argue between themselves concerning the helpful reforms of arbitration. The publication includes draft laws to be used in foreign and household arbitration and certain rationalization of the perfect justifications for proposed legislative adjustments. It additionally comprises proposals that may be deemed radical---to ban arbitration relating to the acquisition of goods by way of shoppers and to ban arbitration of employment disputes. each one notion is vetted absolutely and critiqued through a number of of the opposite co-authors.

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Because the social worker is employed by the executive branch, does the judge’s intimate relationship with the executive branch raise the appearance of impropriety in his alternative role as judicial officer? Such dual roles in which judges work for both the executive or legislative branches of government should therefore be scrutinized closely for conflicts of interest. ”76 In that case the judge presided in both the dependency court and in a criminal court trial based upon the same case of child abuse.

James Rainey, Foster Child Adoptions Soar in California, L. A. TIMES, Orange County Edition, May 8, 2000, at A22. 7, which defines conflicts of interest, demonstrates that such dual representation by the Department is ethically problematic. ” One might ask whether knowing the potential and actual conflicts of interest inherent in dual representation of the Department and the abused child could lead any “disinterested lawyer” to conclude that that relationship is truly in the child’s best interest, especially because other attorneys without such conflicts are available to represent the child.

In custody matters, the guardian ad litem has traditionally been viewed as functioning as an agent or arm of the court, to which it owes its principal duty of allegiance, and not strictly as legal counsel to a child client [and] essentially functions as the court’s investigative agent. . ”20 In 17 Most states now require appointment of a guardian ad litem for children in child dependency proceedings based upon federal mandates for funding under federal child abuse legislation. , Utah Attorney General Opinion No.

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Arbitration Law in America: A Critical Assessment by William Wesley Patton

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